The Charter Of Rights And Freedoms - 1912 Words

Introduction Since the creation of Canada’s Charter of Rights and Freedoms, section 7 has had a brilliant and vital lifespan. Furthermore, cases such as Carter have shown the brilliance and significance of the section in preserving the rights of Canadians. In this essay, I will be discussing section 7 of the Charter, and constructing an argument as to why the section still has its flaws. Thus, although section 7 of the Charter has had an illustrious career, it is still prone to issues that are based upon it being limited to violations that are in accordance with â€Å"fundamental justice†. To accomplish the task at hand; I shall firstly, introduce section 7 and also introduce the broad legal and social issue at hand, while also presenting the cases that I will be exploring throughout the essay. Secondly, I shall analyze section 7 on the basis of the research completed by scholars, media reports, and other relevant research materials. Furthermore, I will demonstrate as t o how this research has assisted in analyzing and contextualizing the cases I’ve identified. Lastly, I shall conclude by discussing further questions I would like to pursue in the future, and the direction I will take with this. Context and Background Section 7 as stated by the Charter states that, â€Å"Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice† (Constitution Act, 1982, s 7). Furthermore,Show MoreRelatedCharter Of Rights And Freedoms1345 Words   |  6 Pages Charter of Rights and Freedoms The Canadian constitution is the foundation that forms and brings together our nation government and its legal system. You can also consider the constitution as a rulebook. It contains rules and regulations that political parties must follow in order to adopt, amend, or revoke a law. The constitution has three main sources. In 1867 the British North American Act passed, which was the first source of the constitution. A change was made to the BNA act and was patriatedRead MoreThe Charter Of Rights And Freedoms1627 Words   |  7 PagesThe Charter of Rights and Freedoms entrenched under the CA 1982 act in the Canadian constitution is seen as a decisive indicator of national identity by the majority of Canadians. The charter’s role in Canadian society ranges from providing individuals with intrinsic human rights such as freedom of expression, freedom of belief and acts particularly as a concrete limit on ‘tyranny of the majority’, advocating and enforcing basic righ ts of individuals and minorities. It is however worthy to note thatRead MoreThe Charter Of Rights And Freedoms1205 Words   |  5 PagesThe Charter of Rights and Freedoms is part of the Constitution and it was added to the Constitution in 1982. The Constitution has many laws about the essential guidelines one must follow in our country. 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In order to do this Trudeau had to create an amending formula for theRead MoreThe Charter Of Rights And Freedoms1934 Words   |  8 PagesThe Charter of Rights and Freedoms is part of Canada’s written constitution called the Constitution Act in 1982 it was the second main aspect of the Act and it guaranteed fundamental, democratic, legal, egalitarian, and linguistic rights and freedoms against government intrusion, it imposed f ormal new limitations on the governments in interaction with its citizens. The charter has made society more equitable for visible minorities through its use of its Fundamental Rights and Freedoms and SectionRead MoreThe Charter Of Rights And Freedoms2537 Words   |  11 PagesThis essay will argue the reasons behind the notwithstanding clause remaining within the Canadian Charter of Rights and Freedoms. In this paper, I will provide reasons as to why the clause should be kept within the Charter beginning with the arguments that it is an essential element in critical policy decisions being made by politicians and it s hard to remove which requires the amending formula to be used if changes are to be made. On the other side, its use in policy can create grave and problematicRead MoreThe Charter Of Rights And Freedoms1363 Words   |  6 Pages The phenomenon of entrenching the Charter of Rights and Freedoms is not new to Canadian citizens, but it is a notion that is perceived in se veral ways. Many view it as a feature that disregards the fundamental right to democracy, an integral part of Canada’s political system. A functioning democracy is an important factor in providing citizens with the utmost rights and freedoms deserved. Society’s full potential is not being achieved if there are individuals who believe their principle of democracyRead MoreThe Charter Of Rights And Freedoms1596 Words   |  7 PagesPrime Minister Pierre Trudeau was establishing the renowned Charter of Rights and Freedoms. Since the three decades of being established, the Charter of Rights and Freedoms has protected the individual rights and freedoms of thousands of Canadians. The Charter of Rights and Freedoms has become a part of the national identity and has become a big patriotic symbol for the country. The Charter of Rights and Freedoms is the document the truly separates Canada from all the other powerful nations and isRead MoreThe Charter Of Rights And Freedom2222 Words   |  9 Pagesthe Charter of Rights Freedoms a mistake? It is believed that the Charter s creation was a significant benefit as it guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. However, many believe the Charter makes Canada more like the United States, especially by serving corporate rights and individual rights rather than group rights and social rights. Also, there are several rights that