...The Charter of Rights and Freedoms Canada has come a long way from the fragile group of colonies it had once been. As it is no longer under complete British rule, it is now a fully functioning and self-governing country, and is a significant part of the Western World. In this way, Canada also harbors many of the societal ailments that many other developed countries are burdened with. Despite such an unfortunate circumstance, however, it is of popular opinion that Canada is increasingly more habitable than the other first world countries of the modern era, and is frequently listed exceptionally high on the United Nations’ ranking of countries to live in. While there are a variety of superficial reasons for such a reputation—such as the country’s...
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...multiculturalism and the charter not only focuses on immigration but it also directs its attention to bilingualism. Again, using section 27 of the Charter, multiculturalism is used to protect language rights, which furthers complications between minority groups (Uberoi, 2009). When minority groups felt that their language rights were threatened, they used the charter against Canadians to further advance their own interest (Uberoi, 2009). These minority groups stated that “Canada’s nature was not bicultural, it was multicultural” (Uberoi, 2009). These groups marginalized the regulations of Canada in attempt to override individual freedoms to benefit their minority groups. As a result of the Charter, “Canada would go from a ‘Britain...
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...Charter Influence On Canadian Politics Ever since the Charter came into effect in 1982, it has had major impact on Canadian politics and law. The Charter allows the judicial and legislative branch to be transparent and able to be holding each other accountable. Many would argue that the charter has given court’s infinite powers and they control the legislative branch. However the courts perform a policing function for legislations to see if they violate the master law, the Charter. Therefore if the legislation branch does their “first order Charter duties” properly, which is charter proofing their laws, they will not go for review with the Supreme Court of Canada (Maclvor 138). Each branch of government has their own responsibilities to pursue and they have different resources to achieve them. For example the, the judicial branch’s responsibility is to protect the rights and freedoms of individuals where the legislation branch has to make laws to tackle down social issues (Maclvor 142). Each branch has their own resources to help them with their responsibilities, for instances the Legislative Branch have Department of Justice and Standing Committee. Both of these committees work for the government helping doing research and formulating legislations as well charter-proofing legislation so they don’t go violates the rights and freedoms of Individuals (Maclvor 142). The Charter has allowed for democratic dialogue between both branches of government, allowing for constructive...
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...Introduction The Canadian charter of rights and freedom is one part of the Canadian Constitution. The Constitution is a set of laws containing the basic rules about how our country operates. For example, it contains the powers of the federal government and those of the provincial governments in Canada Importance The Constitution is the supreme law of Canada. Generally speaking, all other laws must be consistent with the rules set out in the Constitution. If they are not, they may not be valid. Since the Charter is part of the Constitution, laws that limit Charter rights may be invalid. This makes the Charter the most important law we have in Canada. It is important to point out, however, that the Charter itself allows governments to put some limits on Charter rights. Section 1 of the Charter says that other laws may limit the rights and freedoms in the Charter so long as those laws are reasonable and justified in a free and democratic society. So, a law that limits a Charter right is nevertheless valid if it conforms with section 1. The fact that the Charter is part of the Constitution also means that governments must try to make sure that new laws are consistent with it. For example, the federal Department of Justice must make sure that new laws proposed by the federal government comply with the Charter....
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...The Supreme Court of Canada is the highest court in the country and decides on many key issues such as criminal law, civil law, federalism, and individual rights and freedoms. The Supreme Court of Canada was established by an Act of the National Parliament in 1875 and it consists of nine judges who are appointed by the Governor General on the advice of the prime minister and cabinet (Malcomson & Myers, 1996). It is almost mandatory that the court has regional representation and meets certain requirements such as having at minimum three judges who are familiar with Quebec’s civil law system, at least one judge who is from the area of Atlantic Canada, and a minimum of two judges that are from the west (Malcomson & Myers, 1996, p.150). These judges...
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...Cultural Protectionism (Human Geography) What are the benefits/costs of cultural protection of secularism in Canada? Should government enforce cultural protection of secularism? The government of Canada should accept all forms of cultural and religious regalia instead of imposing restrictions on symbols, garbs, veils, turbans, and kippahs, worn in public sector workplaces. Canada's cultural protection of secularism have remained fairly good through the federal government's experience but with little criticism compared to Quebec's recent controversy with Bill 60. This bill is a perfect example as to why Canada doesn't need a new legislation. Bill 60 initially planned to ban religious wearing from public places, educational institutes and jobs. Canada is a multicultural nation with a diverse range of cultural and religious groups that seamlessly work together in many different environments. To simply ban religious regalia would be huge for Canadian citizens that make up majority of public sector workplaces. The benefits of a cultural protection of secularism are usually created to protect cultural values, traditions, languages and identity. For example, Bill 101 in Quebec was passed to protect the French language. Most recently Bill 60 became very controversial and received a lot of criticism. The bill intended to adjust Quebec's Charter of Human Rights and Freedoms, develop neutrality amongst all state employees in workplaces, restrict wearing religious symbols, make it...
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...In 1985, Canada implemented the Canadian Charter of Rights and Freedoms. Under Section 15 of the Charter, all Canadians regardless of their (1)“race, national or ethnic origin, colour, religion, sex, age or mental or physical disability” were officially given the right to be protected by the law, and benefit from the law without discrimination. The Charter of Rights and Freedoms (2)“reflect the fondest dreams, the highest hopes and the finest aspirations of Canadian Society” and although “Sexual Orientation” is not recorded under the sections protected from discrimination, it was deemed by the Supreme Court of Canada in the Egan v. Canada, 1995 case to be an equivalent ground to make claims of discrimination; Gay men and women are all equal in rights and dignity and should have protection of those rights. The Vriend v. Alberta case was monumental in that it was not only a conflict to Alberta’s Individual’s Rights Protection Act, but the rights of all homosexuals in Canada based on the Charter Section 15 (1). It was an igniter against the Province of Alberta, the Government of Canada, as well as conservative religious groups. It was a conflict of religious rights versus human rights and which aspect of humanity is of greater importance to Canadian society as a whole. The road to equality has been a long and hard road for all homosexuals, working towards this right the Vriend case was a small stepping stone on this long journey. Vriend demonstrated to society, that as...
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...Pierre Elliot Trudeau was the fifteenth Prime minister of Canada. He had numerous accomplishments that had many advantages to all of Canada which contain the official dialect demonstration of Canada where Trudeau made French and English the official dialects, the Canadian Charter of Rights and Freedom, and the progression of laws on premature birth, homosexuality and the legitimization of lotteries. These accomplishments are just a couple of what that Pierre Trudeau accomplished for Canada while his position in Parliament that was fundamental. Pierre Trudeau first drew out the official dialect demonstration of Canada in 1969. He gave the Canadian populace the convictions that Canada ought to have two authority languages, French and English. These would fill...
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...swelling of the penis and bruising to the scrotum. The child was then transferred to a pediatric centre, where his bladder was diagnosed, doctors said that it was even or eight times its normal size. “If the Plastic Bell had been taken off five hours after he got there, he would be alive,” said Doctors. The child’s death was attributed to septic shock — “an overwhelming infection, leading to multi-organ failure.” The case was brought to Cairns’ attention because the circumstances of every death of an Ontario child under five years of age must be reviewed by the provincial coroner’s office. When the parents were asked about the reason of circumcision they said the following: “It’s our religious practice and we can’t ignore it. We have our rights to follow our own religious practices.” When the case was brought to the court, it involved a doctor accused of...
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...Dr. Henry Morgentaler, Dr. Leslie Frank Smoling and Dr. Robert Scott Appellants v. Her Majesty The Queen Respondent and The Attorney General of Canada Intervener INDEXED AS: R. v. MORGENTALER File No.: 19556. 1986: October 7, 8, 9, 10; 1988: January 28. Present: Dickson C.J. and Beetz, Estey, McIntyre, Lamer, Wilson and La Forest JJ. ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO Constitutional law -- Charter of Rights -- Life, liberty and security of the person -- Fundamental justice -- Abortion -- Criminal Code prohibiting abortion except where life or health of woman endangered -- Whether or not abortion provisions infringe right to life, liberty and security of the person -- If so, whether or not such infringement in accord with fundamental justice -- Whether or not impugned legislation reasonable and demonstrably justified in a free and democratic society -- Canadian Charter of Rights and Freedoms, ss. 1, 7 -- Criminal Code, R.S.C. 1970, c. C-34, s. 251. Constitutional law -- Jurisdiction -- Superior court powers and inter-delegation -- Whether or not therapeutic abortion committees exercising s. 96 court functions -- Whether or not abortion provisions improperly delegate criminal law powers -- Constitution Act, 1867, ss. 91(27), 96. Constitutional law -- Charter of Rights -- Whether or not Attorney General's right of appeal constitutional -- Costs -- Whether or not prohibition on costs constitutional -- Criminal Code, R.S.C. 1970, c. C-34, ss. 605, 610(3). ...
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...Charter scenario #4: citizenship Oath to Queen In order for immigrants to obtain citizenships, they are required to swear an oath to the Queen under the Oaths of Allegiance Act required in the Citizenship Act[1]. A group of permanent residents are challenging this requirement and suggested that they should become Canadian citizens by pledging allegiance to Canada. Charles Roach, a Toronto civil-rights lawyer have been challenging the Oaths of Allegiance Act for over a decade had passed away without becoming Canadian Citizen[2]. Mr. Roach also thinks that the requirement infringes his right guaranteed in the charter. However, “The court of appeal ruled that new citizens were not “literally” swearing allegiance to the Queen but “symbolically” to Canada’s “form of government and the unwritten constitutional principle of democracy”[3]. Answers a. Does the charter apply? Which section(s)? Explain how. The charter applies as it applies to all laws. Specifically, section 2(a), (b) and 15 are significant in this case. Section 2(a) guarantees freedom of conscience and religion; and (b) consists of freedom of thought, belief, opinion and expression. Taking an...
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...student who excelled at the elite Jesuit preparatory school Collège Jean-de-Brébeuf and in law school at the University of Montreal. After graduating law school he practiced law and specialized in labor and civil liberty cases, issues he would later bring into focus for all of Canada. In 1961, Trudeau was a constitutional law professor at which point he began to consider turning to federal politics. In 1964 Trudeau decided to run for the Liberals and won a federal seat in 1965. He was appointed to the cabinet as Minister of Justice and within a year, he had reformed the divorce laws and liberalized the laws on abortion and homosexuality. He eventually became the Prime Minister of Canada and served as Prime Minister for 15 years. During his term as a cabinet minister and prime minister he accomplished much including the appointment of women as the Speaker of the Senate and House of Commons and Governor General. However his greatest accomplishment occurred towards the end of his political career. Throughout his private and political career Trudeau fought to ensure that the rights and freedoms of Canadians were protected and that Canada remained a strong and independent nation. His civil rights accomplishment were numerous but the major events he is known for included the passing of the Official Languages Act in 1969 and...
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...The Canadian Charter of Rights in Canada or as we call it, the Charter, is a bill of rights in the Constitution of Canada. It forms the first part of the Constitution Act. This took place in 1982. This Charter is basically a written form that explains and justifies the free democratic society that is written by the law. Each person in Canada is required to follow all the rules and words in the Charter. In this Charter there are different segments to this. This all includes fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, minority language educational rights, enforcement rights, general rights and so on. Since the Charter was made, it has made a very positive impact. The few things that has been...
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...The Charter of Right and Freedoms is a cornerstone document which represents the Canadian commitment to equality and justice for all Canadians in the eyes of the law. However, the history of discrimination and racism against minorities, the most prominent being indigenous, these communities are too often left with the lowest quality of living and land. The environmental racism faced by indigenous people is an infringement on Indigenous peoples section seven rights to life, liberty, and security of the person under the Canadian Charter of Rights and Freedoms. These violations take place quietly within these communities, much like in the Aamjiwnaang First Nations Reserve which is surrounded by Canada's Chemical Valley (Wiebe 18). According to...
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...of his or her judgment. Additionally, it allows for the separation of powers between the judiciary arm of government and other two remaining arms (Schmidhauser, 2013). The Canadian judges observe restraints to the law regarding instances of individual rights. The Constitution is anchored on the basic understanding of fundamental human rights. Individual human rights refer to those that are inherently attributed to people by virtue of being human. An example of judicial restraint by Canadian judges relates to the Supreme Court ruling on the bestiality case. The judges used the available law, which was constitutional despite its failure to realize justice to the victim. However, in restraining the judges observed that the meaning of the bestiality law favored the animal more than man and as such, they could not twist the wording to alter the meaning of bestiality law to secure a conviction of the man. It should be of paramount that the existence of lacunas do not render a law illegal but only provide a mechanism for future amendments (King et al.,...
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