Constitution of Canada Essays

“Canada is the homeland of equality, justice and tolerance” said Kim Campbell, former Prime Minster of Canada. Canada’s current constitution, the Proclamation, took over 100 years to develop since 1867 to 1982. It started with the signing of the British North American Act in 1867 and ended with the signing of the Proclamation in 1982. Canada’s constitution has some similarities and differences comparing to the United States’ constitution such as the head of government, Legislative branch, and the

The judicial branch in Canada is a key element to the division of power. The judiciary branch is an uninfluenced and independent from the legislative and executive branch, the judges are appointed by the Prime Minister and their role is to interpret and apply the laws of Canada as written in the Canadian Constitution. There are two essential principals in modern democracy; the rule of law (La primauté du droit) and the separation of powers (Lampron p. 218). The rule of law is the idea that no

Significance of Constitution Act of 1982 Canada has earned the title of being a peacemaking nation which is well deserved and known in the international community. It supports equality among everyone, protects and guarantees the rights of its citizens, and is considered a role model for protection of human rights around the world. However in Canada’s history, it’s society was once filled with prejudice and there were many discriminatory laws. This was evident in many historical events such as

construction is another important aspect of the major terms and conditions set in the constitution act (1867). Canada has a “living tree” approach when it refers to the legal system we have in Canada. The Judical Committee of the Privy Council once stated that “The British North America Act planted in Canada a living tree capable of growth and expansion within its natural limits” (McCormack & Bueckert, 2013). In Canada we have a very democratic way of seeing and applying our decisions on different political

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

What is the significance of the “Notwithstanding Clause” How does it limit the rights and freedoms of Canadians? Section .33 of Canadas Charter of Rights, and Freedoms allows the federal and provincial governments to overrule the fundamental freedom. This is commonly known as the notwithstanding clause. The significance of the notwithstanding clause is it allows the federal government to legislature the provincial legislation. Also to override sections of the charter which allows governments to create

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

The efforts to pass the 1987 Meech Lake Accord in the Canadian Constitution by Prime Minister Brian Mulroney and the ten premiers was defeated in 1990. It was designed to bring Quebec back under the constitutional fold. The Quebec government proceeded to make five major demands for their consent. The Accord would designate Quebec as a “distinct society,” allowing the province to preserve and promote its distinct identity (Saskatchewan Law Review, 116). It would grant Quebec power for provincial nomination

The tension between provincial and federal government is a continual struggle for power in Canadian politics. On April 16th, 1981, the highly debated April Accord was signed by the Gang of 8 and proposed to Trudeau as an amending formula for the Constitution. On the surface, it appeared to demonstrate a united front within the provinces in the Gang of 8. However, there is much controversy over whether the accord was an authentic solution to the amending formula or a way to stall negotiations since

Canadians. Within the Charter, Canadian citizens have many rights and freedoms, for example, the right to express their opinion, vote, move freely around Canada and to be free from discrimination. If the government enacts legislation to refute these rights and freedoms, as Canadians, we are able to take the issue to the Supreme Court of Canada to fight for our rights. Democratic rights give you the right to vote for members of the House of Commons and the provincial legislature. The only exception

In 1982 the Canadian Constitution was patriated in Canada, and with it came the Charter of Rights and Freedoms, a document that set out to create a just society with liberty and justice for all (3). This new constitutional document however, may not be the beacon for social justice that it has been trumped up to seem. In Joel Bakan’s book, “Just Words: Constitutional Rights and Social Wrong,” he argues that the document is inherently flawed because it is enforced through the means of conservative

In the protection of human rights, one of the most significant advancements in Canada is the Charter of Rights and Freedoms. The Charter was entrenched in the Canadian Constitution under the leadership of the Prime Minister, Pierre Elliot Trudeau and it was a part of a larger reform that patriated our Constitution in 1982. A constitution is a set of fundamental rules creating, regulating, and limiting the basic powers of the government and Canada’s charter guarantees the rights and freedoms that

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

How does the Canadian Charter Of Rights And Freedoms protect Canadians as individuals? Many Canadians know that the Canadian Charter of Rights and Freedoms is part of Canada’s Constitution. The Charter protects every Canadian’s right to be treated equally under the law. The Charter guarantees, for all Canadians, Fundamental Freedoms, Mobility Rights and Legal Rights. Under the Charter in the section entitled Fundamental Freedoms”, Canadians have the right and freedom to express their own opinions

Charter of Right, also known as the “Notwithstanding Clause” has many different pros and cons for Canadians and has been a hot topic for a long time among Canadians. Such a clause within the highest law of our land was bound to stir up controversy in Canada, and there are many people who are both for and against the clause for a variety of different reasons. There were several mitigating factors surrounding the clause as well as players behind it and several effects it had on Canadian people. There are

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

The constitution act of 1982 was a much-needed requirement for the Canadians. It exemplified the previous BNA(British North America Act)- which is closely associated with Britain, and turn into a provoking symbol for Canadian independence. At the time of Confederation, the Canadian constitution held Canadians back from amending their own rules by enforcing the BNA act that was previously mentioned. However, with the Validation of the Statute of Westminster, it was legally granted that Canada could

Quebec Sovereignty: A Legitimate Goal Seymour attempts to set out the legitimacy of a sovereignty movement. While Canada is not attacking the rights or physical security of Quebecers, this does not mean that there is no reason for complaints by Quebecers. Quebec has 25% of Canada’s population, and about 80% of them speak French as their first language. In comparison, the rest of Canada (ROC) there are only about a million people who speak French as their first language. The sovereignty movement has

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

creating democracy in Canada. The 15th Prime Minister of Canada, Pierre Elliot Trudeau, held this position for 15 years. Prime Minister Trudeau started his career as a lawyer in Montreal, and was an activist in Quebec’s political system. In the 1960s, he joined the Liberal Party of Canada, and took charge of the Liberal Party in 1968. There were many political challenges he had to face while he was Prime Minister, a famous one was stopping Quebec separatist from wanting to leave Canada. Aside from