Within Richard Sigurdson’s article titled Left and Right-Wing Charterphobia in Canada, he criticizes the opinions of left and right-winged individual’s opinions on the effects that the Canadian Charter of Rights and Freedoms has on the country. These criticisms and scepticism about the Charter are referred to as “charterphobia” and are looked at from the point of view of liberals and conservatives. The way in which the author approaches the subject of Canada’s charter is in a critical way through the analysis of these criticisms on the left and right wing charterphobia. Not only does the author approach the topic from a critical way but by referencing specific cases in history, he is able to look at the subject historically. It is discussed …show more content…
It was believed by them that the Charter would act in the interests of corporations and those who were already privileged within society at the expense of those who are at a disadvantage. They were also concerned with the notion that the charter could potentially be “Americanizing” Canada, due to the fact that the charter is very similar to the American Bill of Rights. Sigurdson then gives a counter argument to the claims of the left wings by stating that historically it is apparent that our freedom was protected by the parliamentary government in the past and it should be expected to be protected into the future also. The author also takes into account the rule of law, division of jurisdiction, statutory bills and institutions of parliament that had already been part of our constitution in order to counter the concerns of the left-wings. Differing from the views of the left-wing charterphobes, right-wings were concerned that the Canadian Charter of Rights and Freedoms was being used to force the governments into allowing what they called “extremist …show more content…
It is because of this analysis that I find myself agreeing with Sigurdson that the left and right-wing charterphobes are not entirely correct in their disagreement with the Charter. The ideas and critiques proposed are what have convinced me of the author’s approach to Canadian charter, these ideas are what I have taken away as a result of reading this article. Much like the liberals and conservatives opposing views on a variety of different political topics, right and left-wing charterphobes had very different concerns for why they did not agree with having a charter within Canada. Another idea that has been taken away from this article is that accomplishments for the underprivileged individuals such as the new sentencing for offenders found not guilty for reasons of mental illness, voting rights for those with disabilities and so on improve the democratic nature rather than undermine it like the right-wings argued. What I was also able to take away from this article is that the author did not view the charter as perfect and without flaws but rather did not agree with the charterphobia exhibited by the right and left-winged individuals. The negative sides of the charter are another idea that was taken away from the reading of the article, it is stated that there is an inequality with peoples access to courts and that
Forces that Change Laws: Tommy Douglas Hallmarked as one of the greatest Canadians, Tommy Douglas is credited with Canada’s nationwide universal healthcare program and the creation of the New Democratic Party [NDP]. To apply a single legal theory to his accomplishments would be difficult, however his progressive policies for the common individual resembles the closest to John Locke’s philosophy. Tommy Douglas’ work in advocating for equal accessibility to healthcare and financial aid is very similar to Locke’s arguments that the government should secure the natural laws of every human, namely the right to life, property and freedom (Uzgalis). To explore the close relationship between John Locke’s theory and Tommy Douglas’ endeavors, one
He challenged the law that took away his right to vote while in prison, he argued that s.51(e) of The Canadian Elections Act violated his Charter Rights by excluding every person who is imprisoned in a correctional facility for the commission of any offence. Sauvé claimed that it contradicted s.3 of The Canadian Charter of Rights and Freedoms - Every citizen of Canada has the right to vote in an election of the House of Commons or of a legislative assembly. Sauvé was a citizen and as a citizen under the Charter, he was guaranteed the right to vote.
The Canadian political system is based entirely on democracy. As a democracy it has the duty “to protect itself against the forces of dissolution as soon as they [appear]” (Pierre Trudeau 133). Few people would disagree with the government’s decision to invoke the act. Surely because of the apprehension, almost everybody in the nation was feeling during the violent insurrection in Quebec. Resulting from “seven years of terrorist assaults in Montreal and Ottawa” (130) in which “resulted in six deaths” (Eric Kierans 181).
Civic Reflection Issue 1- Change in Point of View The Canadian Charter of Rights and Freedoms is a bill of rights which outlines and protects the basic rights and fundamental freedoms that all Canadians have. These include the fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, language rights, and Aboriginal and treaty rights. The Canadian Charter of Rights is extremely important to the citizens of Canada as it has given important meaning to the protection of our rights. It makes sure that minorities and vulnerable groups are protected through equality rights.
“I have tried to see not differently but further…”(Tocqueville, 1835) was Alexis de Tocqueville’s conclusion to the introduction of his perennial classic text Democracy in America, and adumbrates to the reader of his modern ideas and observations that were to follow. At the same time, he measures the progress of society through its relationship with equality and liberty. In this paper, I will highlight Tocqueville’s use of equality and liberty to compare the past and the modern, and establish his views on the effects of these concepts with society and each other. Finally, I will put forth that Tocqueville does not favour one concept over the other, but notes the complex relationship between the two and the importance of the co-existence of liberty and equality for a society of people. To begin, let us build the base case to compare with and look the past as defined by Tocqueville, with emphasis on equality and liberty.
Canada is now known to be a diverse, multicultural, bilingual and inclusive nation largely as a result of his work. Pierre Elliott Trudeau also believed in an equal Canada for all, he is primarily the one to introduce rights and freedoms to the citizens of Canada. While some view Pierre Trudeau as impulsive, for enforcing the War Measures Act, Trudeau enacted this for the protection of Canadian citizens against radical extremist and his actions were more rational than impulsive for the situation that had suddenly occurred. Pierre Trudeau was one of Canada’s greatest Prime Minister’s, who’s impact fundamentally changed the course of the nation by introducing multiculturalism, for introducing the Canadian Charter of Rights and Freedoms and for paradoxically upholding democracy by strong action during the October Crisis.
The new constitution, a document granting the framework for a new democratic government, replacing the Articles of the Confederation. This new document gained approval from some of the citizens, but also raised questions and concerns from others. There was a constant back and forth between the two groups on whether or not the constitution should be ratified. This editorial provides historical background on the issue and expresses my opinion on which side I would’ve chosen.
The Australian constitution is a set of rules by which the country is governed, which came into effect on the 1st of January, 1901. The document describes the structure, roles and powers of the Federal Parliament, defining ways in which the State and Federal Parliaments share law-making powers. The roles of the Executive Government and the High Court are also included in the document, and additionally rights of Australian citizens (Parliamentary Education, 2015). Many believe that through the constitution, an economically stable, culturally diverse and democratic nation has been achieved. However, according to some, there are many aspects of the constitution which should be reformed in order to create a document more in tune with modern society
Abi H. Civic Reflection Issue 1- Change in Point of View: In Canada, voter turnout has become a major issue; as there is a large amount of the population that does not vote in elections. Back in 2008, a total of 58% of the countries` population voted in the election. This is a startling low number, which since has begun to increase only slightly in recent years. In a democratic society, voting is essential for it to function with its full potential. Doing so enacts one of your basic responsibilities as a citizen, as well as shows that you are staying involved in your community and government.
Introduction: While freedom as a concept feels fairly intuitive, nuances in interpretation can change the basis of an argument. John Locke’s Second Treatise of Government and Alexis de Tocqueville’s Democracy in America do not define liberty in precisely the same way, which in turn guides two different visions in how a government should function. When examining a core concept in an argument, it is important to inquire to whether its treatment is adequate. Is either definition of liberty sufficient, and does either author’s envisioned government adequately address liberty in that system? This paper will argue that Locke’s definition of liberty remains in the literal sphere while Tocqueville’s is more conceptual, but neither Locke’s nor Tocqueville’s
The author uses emotionally charged words such as “annihilating” as well as contributing the women’s rights issue to the changing demographics. America’s laws should be based on the majority of the people’s views instead of solely the white protestants as Buchanan implies it should. Fredrickson’s essay examines the idea of how our laws should be in our society expressing that “the mutual understandings upon which the national unity and cohesion could be based needed to be negotiated rather than simply imposed by the Euro-American majority” (573). Being a nation of many cultures, we have to accept that we are diverse and allow minorities the ability to change and alter laws when human rights is an issue. A conservative political message is strongly pushed throughout
4)Robert J. Sharpe, Patricia I. McMahon Persons Case: The Origins and Legacy of the Fight for Legal Personhood. Toronto: Univ of Toronto Press, 2007, 1-206 5) Michael Dorland and Maurice René. Charland, Law, rhetoric and irony in the formation of Canadian civil culture (Toronto: University of Toronto Press, 2002), 218. 6) Vivien Hughes.
The Constitution—the foundation of the American government—has been quintessential for the lives of the American people for over 200 years. Without this document America today would not have basic human rights, such as those stated in the Bill of Rights, which includes freedom of speech and religion. To some, the Constitution was an embodiment of the American Revolution, yet others believe that it was a betrayal of the Revolution. I personally believe that the Constitution did betray the Revolution because it did not live up to the ideals of the Revolution, and the views of the Anti-Federalists most closely embodied the “Spirit of ‘76.” During the midst of the American Revolution, authors and politicians of important documents, pamphlets, and slogans spread the basis for Revolutionary ideals and defined what is known as the “Spirit of ‘76”.
Before the Charter, many people may argue that Canada was a free and democratic country. Canadians had the freedom of expression, equality and the principles of fundamental justice. What changed with the creation of the Charter was that rights and freedoms were given constitutional status, and judges were given the power to strike down laws that infringed on them. In 1982, most Canadians agreed that the introduction of the Charter was going to monumental. But on the contrary, over 30 years later, numerous laws have been struck down by interpretation of the charter and remedial techniques that have been developed by courts.
Research Paper On Democracy in Canada Name : Harpreet Kaur Introduction The word democracy describes a Political System of any country. Dramatic changes have taken place in recent Years at the national level with respect to the day today functioning of our constitutional democracy. In a Democratic country like Canada , America all the citizens that are eligible have the rights to participate directly or indirectly in decision making that affect them.