Canadian Charter Of Rights Essay Research Paper

Canadian Charter Of Rights Essay, Research Paper

Canadian Charter of Rights

Introduction:

The Canadian Charter of Rights and Freedoms is one

of the most important ingredients of the Canadian

Constitution. By having the Charter entrenched in the

Constitution there is an added sense of security, because

every level of government must act within its constraints.

The Charter of Rights and Freedoms has dynamically

transformed the face of Canada by ensuring that no-one

persons rights are infringed without justification.

Fundamental Freedoms:

The Charter of Rights and Freedoms guarantees

certain basic fundamental freedoms to every individual that

lives in Canada. As long as you reside in Canada you are

protected from persecution. These freedoms are set out in

the Charter to ensure that Canadians are free to create and

to express their ideas, gather to discuss them and

communicate them widely to other people. (Minister of

Public Works and Government Services Canada pg.6) Although

Canadians enjoy these fundamental freedoms they are not

absolute, they are often qualified or limited to protect

the rights of others. (Minister of Supply and Services

Canada pg.5)

No individual has the right to interfere with the

rights of another. This concept seems basic enough, but it

has been the center of debate for a significant amount of

time. The question arises what is more important individual

rights or collective rights. There is no easy answer to

this question, but the Charter makes an attempt to

reconcile this debate by making everyone under its

jurisdiction equal under the eyes of the law.

By making everyone equal the Charter has basically

released the tension between different classes.

Theoretically speaking no-one province has more power than

another, there is an attempt on the behalf of the charter

to solve disputes among provinces. Treating all the same

regardless of wealth and status is a fundamental ingredient

for national unity.

Democratic Rights:

The Democratic rights stated in the Charter of

rights and Freedoms guarantee that Canadians have a free

democratic government. The Charter allows all citizens the

right to be involved in an election of their government. It

gives them the right to vote in Federal, Provincial or

Territorial elections, along with the right to run for

public office themselves. (Minister of Public Works and

Government Services Canada pg.6)

The Charter is said to serve as a check between the

people and the government. It gives accountability to the

government for their actions. If the government does

something that we as a whole find undemocratic we have the

right to take the government to the Supreme Court.

Therefore in a sense the Charter enhances our freedoms and

secures our liberty. (Bryden and others pg 39)

Legal Rights:

The Charter of Rights and Freedoms is aimed at

maintaining equality among all individuals. It ensures that

those that have power act in the best possible manner in

order to maintain orderly and peaceful society. The Charter

provides a general framework (Minister of Supply and

Services Canada pg.5) for legal enforcement. There are

strict steps that must be taken prior and during any legal

proceeding. If even one step is overlooked, then the

proceeding may be deemed unconstitutional. It has often

been said that the Charter gives those who come under

police surveillance or are charged with a criminal offence

an extra line of defence. (Bryden and others pg 39) In a

broad sense this statement can be justified, but we must

not forget that the police themselves must be policed.

Without the Charter there would be no real method of

investigating those who would normally be investigating

us.

Equality Rights:

The Charter makes it relatively clear that every

individual in Canada is considered equal in all rights,

regardless of race, religion, colour, national or ethnic

origin, sex, age or mental disability. (Canadian Council On

Social Development pg. 12) Simply put, no one person or

group of people may be discriminated against. Not only does

the Charter prevent discrimination but it also gives

special rights that favour those who are disadvantaged in

some way or another.

It has bee argued that by favouring those that are

disadvantaged the government itself is acting in a

discriminatory manor. There are two viewpoints on this

subject, first the government is discriminating against the

rest of society by giving special privileges to certain

individuals. The second viewpoint follows the same train of

thought as the first just that it takes into consideration

that if the government did not help t

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