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Essay On Charter Of Rights

968 Words4 Pages

As said above, the inadequacies of the Bill had some purpose, mainly leading to the development of the Charter of Rights and Freedoms 1982. By far, the Charter is the most significant legislation in Canadian history, much like the HRA 1998 was for England. The entrenchment officially made Canada a full blown civic (codified) law practioner, coexisting with its tradition of common law. It was entrenched within the amended Constitution Act 1982, effectively making it the highest law of the land, which also gave full independence to Canada. More specificaly, s. 52 outlines that the Constitution is the supreme law of the land, and since the Charter is within that, it too acts as supreme above all other law and legislation. Ultimately, it did what the Bill of Rights did not, and that was an absolute guarantee. Furthermore, all laws must be consitent with the …show more content…

They encompass all modes of expression that are non-violent or threatening, and fully take into account context to see if there is a value in the restriction.3 This agreement is based on long established English principles mentioned earlier in this paper in Lord Reid's response in Brutus v. Cozens (1973), and later the ideas of Mill, Dworkin and other philosophers. In “The Constitutional Protection of Freedom of Expression” (2000), Moon also points to the history of legal cases where the court has been active in protecting and establishing the value of expression in democratic society, citing landmark decisions such as Irwin Toy (1989), Dolphin Delivery (1986) and Ford (1998).4 Noteably, the courts also cite the common law principles as well as philosophical writing on the subject and therefore, cast expression as necessary in the liberal democratic society they are trying to build and protect. Of course, this is not to say any free speech or expression is allowed, as establish with s. 1 of the

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