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Pros And Cons Of The Charter Of Rights And Freedoms

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There are two key aspects in which the Charter increases equality in a society; giving the oppressed and marginalized a voice and confining the elite's agency over the population. This essay will be examining the extent to which the Charter succeeds in fulfilling these aspects, and ultimately if the charter has balanced power throughout different socio-economic classes in Canada. Having said that, the creation of the Charter of Rights and Freedoms offers to some degree protection of marginalized individuals. Although, only to an extent and this essay will clearly outline these limitations. In addition, this essay will also explore how the Charter forces affirmative action even in controversial contexts. Normally in these contexts, politicians …show more content…

Thus, with such complexity, there can be no simple legislation that could amend the generations of damage done. The diverse range problems include racism, poverty, homelessness, prostitution, addictions, corruption, and forced assimilation. In continuing off of the forced assimilation of aboriginals into western society, they made to surrender their form of governance. Although the Charter includes aboriginal self-government, there have been skeptics against its effectiveness. It has been claimed that the Charter does not apply to all forms of aboriginal self-government because of its vague characteristics, "The Aboriginal peoples have the inherent right of self-government within Canada, however, the Charter does not apply to immediate governments of Aboriginal people." (McNeil 64). As result, "… this contentious issue has been thrown back into the legal and political arenas, where it now must be addressed." (McNeil 62). Admittedly court cases are lengthy and expensive, however, it is the most advantageous answer at this point in time. Then further along in McNeil's argument presented in "Aboriginal Government and the Canadian Charter of Rights and Freedoms", he asserts that the ratification of The Charlottetown Accord would have solved this contingency. The author fails to acknowledge the fact that the accord failed because of the difficulty to pass constitutional amendments. Specifically, throughout history constitutional amendments are very difficult to legitimize. For this reason, having a vague Charter that is interpreted by courts is the most feasible option. In summary, the Charter has not solved the many problems suffered by the aboriginal community to the extent that many have hoped for. However, it has progressed a long way, and more importantly, it has initiated a movement full of potential. Though there has been an improvement, it is

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938 Words | 4 Pages

The government eventually passed the native title in which stated that the laws and regulation for the courts follows in future claims. This had all happened in 1993. Many non- indigenous people did not understand why Mabo had put so much effort into all this when it was just land. They did not realize the issue that Mabo was stating, butF why would the non-indigenous people see a problem.

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935 Words | 4 Pages

The Indigenous groups involved in previous treaties found that the government of Canada and Ontario were not living up to their promises and that settlers were encroaching on non-negotiated land in their northern hunting territories. The government then assigned a commission in 1923 that was comprised of Sinclair, McFadden and Williams (Hall, 2011). The treaties were then negotiated as people had already settled on the territory of the eight communities of Indigenous people that were involved. The Williams treaties were comprised of two separate treaties each looking at different land masses, the one directly related to our geographical location being the second signed between the commission and the Mississauga communities, this land stretched from lake Simcoe to the shore of Lake Ontario. The Williams treaty also included the land that was originally within the gunshot treaty, but unfortunately did not include the Mississaugas of New Credit First Nation whose ancestors who were a part of the original treaty.

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496 Words | 2 Pages

Perhaps the most unsettle period in Canadian political history, the Quebec Referendum of 1980 and a vote to the remain part of Canada, led Ottawa to initiate a balancing program to promote Charter Rights, while protecting Quebec’s language and culture. The Meech Lake and the Charlottetown Accord were developed to address this situation. However, through a compare and contrast it can be deduced that the Charlottetown Accord provided the best balance for Charter Rights and Quebec’s need for a distinct society clause. During the 1960’s Quebec began to argue that it was a distinct society due to their language, culture and history.

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998 Words | 4 Pages

Pierre Elliott Trudeau is a significant person in the history of my theme, Canadian politics in relation to the legal system. As the 15th Prime Minister of Canada, he played a huge role in shaping Canada through his political career by upholding a philosophy of Canada united as one through a strong federal government. In the wake of the 1980 referendum win, Trudeau immediately wanted to fulfill the constitutional promise that he made during his campaign. It was he who had the vision of patriating the Constitution, and for the following 18 months this would become his top priority. Being the most reluctant to include an entrenched Canadian Charter of Rights and Freedoms in the Constitution, he immediately formed a commission to get ideas from

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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.

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552 Words | 3 Pages

Critical Summary #3: First Nations Perspectives In Chapter eight of Byron Williston’s Environmental Ethics for Canadians First Nation’s perspectives are explored. The case study titled “Language, Land and the Residential Schools” begins by speaking of a public apology from former Canadian Prime Minister Stephen Harper. He apologizes for the treatment of “Indians” in “Indian Residential Schools”. He highlights the initial agenda of these schools as he says that the “school system [was] to remove and isolate [Aboriginal] children from the influence of their homes, families, traditions and cultures, and to assimilate them[…]” (Williston 244).

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The section 33(notwithstanding clause) of the Charter of Rights and Freedoms is advantageous because it offers governments a just and reasonable tool to protect the rights of Canadians. Where notwithstanding clauses it allows people to continue to follow their identity and/or culture without the government’s restrictions. As section 33 allows the federal and provincial government to override some rules within the charter of rights. Section 33 has been used only a couple of times in Canadian history. Section 33 of the Chart of Rights and Freedoms is just and reasonable tool to protect the rights of Canadians because the government can exempt law for five years, protect or revive laws that violate specific charter provisions and lastly Firstly,

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764 Words | 4 Pages

“The American Dream comes from opportunity. The opportunity comes from our founding principles, our core values that's held together and protected by the Constitution. Those ideas are neither Republican, Democrat, conservative, liberal, white, or black. Those are American ideologies”. This quote by Ted Yoho asserts the importance of the United States Constitution in establishing our beliefs.

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Causes, issues, and groups involved The conflict with the aboriginal people of Canada is seen to have begun with the official Indian Act of 1875. However for decades prior to the Indian Act the population of Canada had been aiming to get the indigenous population to assimilate to the new, more modern European settler lifestyle and cultural ideals. Prior to the Indian Act, there was the Gradual Citizens act which was passed in 1857. These laws and acts became the basis of the modern Truth and Reconciliation Commission in Canada.

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1387 Words | 6 Pages

The Constitution, signed on September 17th, 1787, is a document that formulated the government, and gave basic rights to all U.S citizens. The U.S. Constitution is the solid foundation upon which this nation was built. It is a document that can be altered and among the first changes is a list of the rights of the people. This important document gives many rights to both citizens and noncitizens living in the United States. However, some rights are only for citizens.

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The positive effect that brought by the charter of right and freedom During the October crisis the privacy and properties were invaded by the government severely. The rights of the residents were ignored. But thanks to the Charter of Right and Freedom the government can do it no more. The charter stated specific list of residential rights which created positive effects on protecting civilian’s right in Canada The Charter of Right and Freedom protected and promoted the right if the civilians of Canada. The first section of the Charter of Right and Freedom stated “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified

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80 Words | 1 Pages

Political activism movements of aboriginal communities in Canada have been occurring since the late 19th century in an attempt to organize political associations to pursue equality and fairness throughout the nation. Throughout persistent criticism of the Canadian federal government (especially the “White Paper” policy from 1969), major aboriginal organizations – most commonly known is the Assembly of First Nations – that began gaining political recognition and was later joined in 2012 by the national advocacy movement of “Idle No More.”

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991 Words | 4 Pages

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.

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1219 Words | 5 Pages

The Canadian Charter of Rights and Freedoms first came into effect on April 17, 1982. The Canadian Charter of Rights and Freedoms is one part of the Canadian Constitution, created in 1867. The Constitution is a set of laws containing the basic rules about how a country operates. The Charter sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society. The Canadian Charter of Rights and Freedoms is an effective tool to ensure and maintain a just society as it protects the innocence of people, protects and ensures past laws and states fundamental freedoms, all of which work to create a thriving society.

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719 Words | 3 Pages

The improvement of the rights of the Canadian Immigrants Canada, as one of the biggest immigration countries, welcomes people from all over the the world and forms a representative multicultural atmosphere in today’s society. Over these few decays, the country has always been consummating the laws to provide immigrants equal rights and freedoms, and better treatments they could receive. However, Canadian immigration laws were not unprejudiced and it eventually caused a “legal discrimination” before 1976. The legal rights of the immigrant groups have improved significantly because of the demands of developing the country, the influences of the wars, and the globalization of the world. Since 1880s, more immigrants and foreigners came to Canada because of the railway construction project.

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