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Pros And Cons Of The Charter Of Rights And Freedoms

1139 Words5 Pages

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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