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Canadian Charter Of Rights Essay Research Paper

Canadian Charter Of Rights Essay, Research Paper


Canadian Charter of Rights


Introduction:


The Canadian Charter of Rights and Freedoms is one


of the most important ingredients of the Canadian


Constitution. By having the Charter entrenched in the


Constitution there is an added sense of security, because


every level of government must act within its constraints.


The Charter of Rights and Freedoms has dynamically


transformed the face of Canada by ensuring that no-one


persons rights are infringed without justification.


Fundamental Freedoms:


The Charter of Rights and Freedoms guarantees


certain basic fundamental freedoms to every individual that


lives in Canada. As long as you reside in Canada you are


protected from persecution. These freedoms are set out in


the Charter to ensure that Canadians are free to create and


to express their ideas, gather to discuss them and


communicate them widely to other people. (Minister of


Public Works and Government Services Canada pg.6) Although


Canadians enjoy these fundamental freedoms they are not


absolute, they are often qualified or limited to protect


the rights of others. (Minister of Supply and Services


Canada pg.5)


No individual has the right to interfere with the


rights of another. This concept seems basic enough, but it


has been the center of debate for a significant amount of


time. The question arises what is more important individual


rights or collective rights? There is no easy answer to


this question, but the Charter makes an attempt to


reconcile this debate by making everyone under its


jurisdiction equal under the eyes of the law.


By making everyone equal the Charter has basically


released the tension between different classes.


Theoretically speaking no-one province has more power than


another, there is an attempt on the behalf of the charter


to solve disputes among provinces. Treating all the same


regardless of wealth and status is a fundamental ingredient


for national unity.


Democratic Rights:


The Democratic rights stated in the Charter of


rights and Freedoms guarantee that Canadians have a free


democratic government. The Charter allows all citizens the


right to be involved in an election of their government. It


gives them the right to vote in Federal, Provincial or


Territorial elections, along with the right to run for


public office themselves. (Minister of Public Works and


Government Services Canada pg.6)


The Charter is said to serve as a check between the


people and the government. It gives accountability to the


government for their actions. If the government does


something that we as a whole find undemocratic we have the


right to take the government to the Supreme Court.


Therefore in a sense the Charter enhances our freedoms and


secures our liberty. (Bryden and others pg 39)


Legal Rights:


The Charter of Rights and Freedoms is aimed at


maintaining equality among all individuals. It ensures that


those that have power act in the best possible manner in


order to maintain orderly and peaceful society. The Charter


provides a general framework (Minister of Supply and


Services Canada pg.5) for legal enforcement. There are


strict steps that must be taken prior and during any legal


proceeding. If even one step is overlooked, then the


proceeding may be deemed unconstitutional. It has often


been said that the Charter gives those who come under


police surveillance or are charged with a criminal offence


an extra line of defence. (Bryden and others pg 39) In a


broad sense this statement can be justified, but we must


not forget that the police themselves must be policed.


Without the Charter there would be no real method of


investigating those who would normally be investigating


us.


Equality Rights:


The Charter makes it relatively clear that every


individual in Canada is considered equal in all rights,


regardless of race, religion, colour, national or ethnic


origin, sex, age or mental disability. (Canadian Council On


Social Development pg. 12) Simply put, no one person or


group of people may be discriminated against. Not only does


the Charter prevent discrimination but it also gives


special rights that favour those who are disadvantaged in


some way or another.


It has bee argued that by favouring those that are


disadvantaged the government itself is acting in a


discriminatory manor. There are two viewpoints on this


subject, first the government is discriminating against the


rest of society by giving special privileges to certain


individuals. The second viewpoint fo

llows the same train of


thought as the first just that it takes into consideration


that if the government did not help these people no one


would.


Official Languages of Canada:


Since Canada was founded by both the French and the


British it only makes sense that it would have two


official languages. The charter affirms that both the


French and English languages are spoken in all federal


institutions. Every citizen has the right to walk into any


Federal building and be spoken to in both French and


English. Furthermore all Federal documents must be printed


in both French and English. Every one has the right to used


both French or English in any court established by


Parliament. (Minister of Public Works and Government


Services Canada pg. 13) By maintaining both French and


English as the two official languages the Charter is making


an attempt in reconciling the differences between Quebec


and the rest of Canada.


Minority Language Educational Rights:


Everyone in Canada has the right to be educated in


either of the two official languages. If the parent of a


child wishes to educate his/her child in French, he/she


must be accommodated. By making both French and English


accessible to all the bridges of communication have been


drastically reduced.


Enforcement of the Charter:


If an individual feels that his/her right have been


violated in any manor they have the right to go to court


and ask for an immediate remedy. It is up to the individual


to demonstrate that his/her rights have been violated. If


the court decides in favor of the citizen then it is up to


the government to demonstrate that the violation of his/her


rights is justified. (Hiebert pg. 31)


General Rights and Application of the Charter:


The Constitution recognizes the rights of the


Aboriginal people. This recognition is to protect their


culture, customs and traditions. Section 25 of the Charter


makes it clear that no part of the Charter is to interfere


with the rights of the Native People. (Minister of Public


Works and Government Services Canada pg. 15-16) The


Charter of Rights and Freedoms is applicable only to


governments, it is not applicable to private individuals


and other business organizations. The charter is simply a


method of resolving disputes between the people and the


government. (Hiebert pg. 36)


Limiting Rights:


Although the Charter of Rights and Freedoms


advocates the protection of rights, it also advocates the


infringement of others. If an individual is involved in


activities that can be viewed as hurtful to others the


government has the right to prevent that individual from


continuing his/her actions. An example would be hate


literature, you have the right to read and write what you


please, so long as it does not interfere with the right of


others.


Impacts of the Charter:


The Charter has had a tremendous impact on our


political system. The government can not make a move


without being closely monitored. This has led to many


changes in our public policy. The Charter’s impact on civic


consciousness is probably more significant than any of its


more direct effects on public policy. (Bryden and others pg


34) The Charter has managed to unite the country, and to


make everyone the same. The Charter has removed the


animosity that once existed between different people,


Making Canada a strong United country.


Conclusion:


The purpose of the Charter is to acknowledge the


personal freedoms of a Canadian citizen, as said in Section


1. The Charter of Rights and Freedoms guarantees that any


person living in Canada can live without persecution. Any


law that contradicts the freedoms stated, can be challenged


in the Supreme Court of Canada. Although the Charter gives


us guaranteed freedoms, it is important to remember that


there are reasonable limits to every freedom.


Bibliography


Bryden, Philip., Davis, Steven., Russel, John.


Protecting Rights & Freedoms. Toronto: University of


Toronto Press, 1994.


Canadian Council On Social Development. A Guide To


The Charter. Ottawa: Canadian Council On Social


Development, 1988.


Hiebert, Janet L. Limiting Rights. London: McGill-Queen’s


University Press, 1996.


Minister of Public Works and Government Services


Canada. Your Guide To The Canadian Charter Of Rights


And Freedoms. Ottawa: Minister of Public Works and


Government Services Canada, 1997.


Minister of Supply and Services Canada. The Charter


of Rights and Freedoms. Ottawa: Minister of Supply and


Services Canada, 1987.

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