...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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...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 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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...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 stated in the Canadian 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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...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). Criminal law -- Abortion -- Criminal Code prohibiting abortion and procuring of abortion except where life or health of woman endangered -- Whether or not abortion provisions ultra vires Parliament -- Whether or not abortion provisions infringe right to life, liberty and security of the person -- If so, whether or not such infringement...
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...a contentious issue between law enforcement and advocacy group supporting rights of citizens. An increasing number of reported incidents in which law enforcement professionals have been accused of targeting minority groups have heightened the debate about racial profiling and the legitimacy surrounding it. The practice of racial profiling by law enforcement is an attempt to identify potential criminals before they could commit serious crimes. Law enforcement officers who have used racial profiling are confident that the process helps them to detain criminals and therefore reduce crime. However, the use of racial profiling has become a debated issue across North America. The media has captured the public’s attention by identifying how law enforcement officials make the assumption that minority groups and people from ethnic backgrounds are more likely to commit crimes. This paper will reflect that the use of racial profiling by law enforcement is both wrong and ineffective in many ways. First, racial profiling is wrong because it tends to target people of color under the assumption and stereotype that they create more crime, which clearly is unconstitutional under the Charter of Rights and Freedoms. Secondly, through the Toronto Star newspaper analysis it will be obvious that the use of racial profiling in solving crimes is not effective but is damaging and harmful towards individuals under the Human Rights Code. And thirdly, it will be argued through Kingston Police traffic data...
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...confessions under the Canadian Charter of Rights and Freedoms. The premise of voluntariness for confessions defines the right of individuals to not be coerced into giving a statement that may incriminate them after being arrested and/or being interrogated by the police. In the framework of Canadian case law, it is important to understand the necessity of an “operating mind” as the foundation of a voluntary confession, which must not be exploited or manipulated by police during an arrest. Law enforcement must follow the rules of confession in order maintain the voluntarism of the person being arrested or detained:. The case R v. Oickle (2000) of the Canadian Supreme Court defines the voluntariness of the confession that law...
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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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...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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...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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...Pierre Trudeau was a lawyer, author, university professor and exceptional politician who changed the shape of Canadian politics, government and the justice system forever. He was born in Montreal on October 18, 1919 to a wealthy family and died of cancer on September 28, 2000. Trudeau’s early belief system was strongly influenced by his parents, especially his father. His views on business, love of country, support of the Catholic Church and French Canadian culture were passed onto him by his father. He was a bright 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...
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...generally fallen out of favour in society and become less popular than it used to be. As time progresses, it only seems as if the act of smoking itself becomes more and more stigmatized. Canadians continue to smoke, regardless of its harmful effects on themselves and the people around them, particularly children. Many younger children are involuntarily exposed to cigarette smoke and are vulnerable to health problems. Recently, Ontario legislature passed a new law that prohibits smoking in a motor vehicle in the presence of anyone under 16. Since Ontario is known to have the most strict anti-smoking laws, this may come as no surprise. It has been found that second hand smoke is much more concentrated in a vehicle than a smoker’s home. Some may argue that the law is limiting Canadian smokers’ rights and freedoms, which is a ridiculous notion. The anti-smoking legislation is necessary and does not infringe on smokers’ rights or freedoms. Medical research has already determined that nicotine is a very addictive substance and that dependence on nicotine has even been considered a psychiatric disorder that requires medical treatment. The health effects of second hand smoke can be immediate or long term to anyone, let alone children, which is why the anti-smoking legislation is necessary. The Canadian government has been slowly inching towards anti-smoking laws. For banning smoking in vehicles in the presence of children, it is purely reasonable. As health studies progress, so do the...
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...the context of Canadian Law as it sets the standard for what is considered discrimination against equality in the eyes of s. 15 in the Charter of Rights and Freedoms [hereinafter, Charter]. This paper will examine the decision by the Supreme Court of British Columbia and the subsequent decisions by the British Columbia Court of Appeal and Supreme Court of Canada, and will then comment on the lasting impact of these decisions. The Andrews case added two new infringements, numerous relevant principles under s. 15, and a test to be applied when considering Section 15 that will be discussed in this paper in regard to their future context (Hurley, 2007). The 3...
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...available or pre-existing laws but rather the judge decides cases based on his own emotional persuasion and views on a case. Judges constitute members of the society whose actions should impact it positively (Harten, 2013). The architects of the Constitution anticipated a judiciary that can effectively tackle various issues like injustices and address discontentment even in the absence of applicable law. For instance, the Canadian ruling on the status of Métis and non-status...
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