The Charter Of Rights And Freedoms Law Constitutional Administrative Essay

Published Date: 02 Nov 2017

Summited by:

Hasnat Hanif

Student id# 201-520-158

Summited to:

Roland Ha

CRJS: 1002-002

Mount Royal University

Summited on:

Feb, 06, 2013

Abstract:

information about an important piece about Canadian history and start of diversity in Canada and values that has provided to Canadian society. Charter of Rights and freedom has given whole, new independence to Canadians, and making a great nation, To make a great nation, nation needs great leadership and laws that make individuals living in nation with different background equal, regardless of race and color. History has it, a nation that has not provided equality towards minority or considers differences of race and colour. That nation has not survived a first round of independence. The definition of independence does not mean freedom from external hindrances but also freedom with in nation. The main purpose about, writing this paper to convey audiences that equality equals unity in nation and Charter of Rights and Freedom has provided equality and unity to citizen, permanent residents and new comers.

Generally, information in this paper will contain history of Charter of Rights and freedom, responsibility of main characters of Canadian leadership, who made Charter a reality, its effects on diversity in Canada and most importantly, sections about this charter and their functions.

"Mostly, Charter has provided those sets of rights and freedom that are necessary in a free and democratic country. For example:

Freedom of religious, expression, conscience, beliefs, opinion.

Democratic rights,

Rights to live and employment in Canada

Equality rights (Native Rights, Mobile Rights, Gender Rights) etc.

Multiculturalism, Practice of Tradition Rights and many more" (An Overview of the Canadian Charter of Rights and Freedoms, 2009, Para. 2)

Introduction:

Canadian charter of rights and freedoms is a historic piece of written law in Canadian constitution, where, every individual in Canada became free in choosing the life, individuals’ desired (freedom) under the law. It provided entire new identity to the Canadians and became the symbol of freedom and equality under the Canadian law, as well as, among nations around the world. Along with charter, came more freedom and improved laws about multiculturalism. Cultures and religious group were permitted to practice their traditions and values in the society without fear of hindrance.

The history of charter of rights and freedom goes back too, Canadian bills of rights, an older version of Charter of rights and freedom; it was constituted in 1958 by Sir, John A Diefenbaker and was first bills of rights that provided rights of life, religious freedom, equality between different racial groups, press and media, speech and other sections. Bill of rights was first regarded as, charter of rights and freedom. Thereafter, bill of rights superseded into new and improved charter of rights and freedom.

C.R.F came into Canadian constitution in 1982 from liberal government by Pierre Trudeau. The main purpose, of charter, is to provide equality in every possible way, whereas an individual living in the society doesn’t feel unequal oppressed between majorities in state. Charter has created unity and trust between Canadian individuals with different racial backgrounds, political views, democratic and other categories that took part in creating defects in dividing a nation and made it into a stronger nation.

Charter is divided into 12 divisions and contains 34 sections about political rights, fundamental rights, and Democratic rights, Guarantee of rights and freedom, Mobility rights, legal rights, Equality rights, official languages of Canada, Minority language Educational Rights, Enforcement, General and Application of Charter. Each sub-section is divided into defining the law in more convenient manner of understanding aims.

Guarantee of rights and Freedoms

Every citizen or resident living in the Canada has these rights and freedom. The government has guaranteed to provide these laws to individual but also, government has right to take away individuals rights and freedom away, if violated. (Department of Justice, 2012, n.p)

Fundamental Rights

Fundamental rights are divided into four sections. This includes:

Citizens living in Canada can enjoy freedom of practicing religion without fear of hindrance or reprisal in Canadian society and having no fear of conscience.

People can have Inner freedoms of, thoughts and beliefs.

Freedom of expressing opinion and expression. Individuals can express their, opinions freely in a group without any hindrance. This also includes freedom for press and media communications for expressing awareness and importing and exporting news.

Mostly importantly, individuals living in Canadians society have freedom of forming an assembly and different groups and associations. This can be used as, creating strikes, long march, groups of peace, as well as anti-groups.

(Department of Justice, 2012, n.p)

Democratic Rights:

Democratic rights are which; Citizens living in Canada have the right to vote or stand against or stand for election. But as indicated, these rights are not absolute. They can only be interrupted under the first section one of charter. Also charter indicates, in a democratic state, elections must be fair. An elected government can only stay in power for five years. Thereafter, a new government must be appointed in a fair manner. As well as, law has been made for government in, state of war, invasion or insurrection; with this an exception a parliament and legislative assembly can continue beyond five years. This can only be interrupted, if members of House of Commons and legislative assembly can vote more than one-third to change the government. (Department of Justice, 2012, n.p)

Mobility Rights:

These rights explain, every individual has right to live in, enter, remain in, and leave Canada, as well as, move to and take up residence in any provinces and have right to pursue towards gaining of a livelihood. Even as, there are limitation towards subsection two, individuals must provide prove of residency from other provinces they have reside in before. (Department of Justice, 2012, n.p)

Legal Rights:

Legal Rights, includes individuals have the right to live in security in the society with rights to life and freedom. They have the right to demand for a warrant to be searched or the property they own by police officers. Also, individual charged with an offence must be notified and have the right to have fair trial in juridical system. Offenders are proven innocent until proven guilty under the Canadian law. They must be treated properly in humane manner in the police custody as well as, offender has the right to be represented by lawyers and If found been guilty before or after, crown can release reasonable bail.

Equality Rights:

Every person in Canadian society is equal before the law and has the right be treated equality regardless of gender, colour, race, ethical origins, national, religion, age and mental disability and every person has the same rights in the juridical system as has criminal justice system.

Official languages in Canada:

Canada has two official languages English and French. Both have equal statue in provinces all of Canada, Individual can use either language in courts, federal government, parliament or being provided regular services as well as, English French are official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick, Manitoba and Quebec.

Minority Language Educational Rights:

Citizens living in Canada, have the rights to educate their children in English or French in the any province. They can choose to accept French or English educational standard in Primary or Secondary institutions. This provides the rights to people, living in Quebec can come to different province can still choose French to be taught in.

Enforcement:

Is these, rights are not being met for an individual. An Individual has the right to take this matter into justice system.

General:

Charter of Rights and Freedoms provides guarantee in rights and freedoms to aboriginal people, this shall not be disturbed in any manner. The sections in the charter can interrupted in matter of multiculturalism of preservation and enhancement in Canadian Heritage, as well as, General equality rights between male and female.

Application of Charter:

Charter’s the main focus of implanting these sections against government and its authorities only. This shall not be implanted against private individuals.

Case Law:

Relating these, charter of rights and freedoms government has faced lots of cases in providing equal justice. Majority of the cases, so far have passed by Supreme Court of Canada. Most of them have been in favor of Charter of rights and Freedom. So far, charter has survived every imposed action have been put in the court against it but the question raises can charter be an ultimate justice towards the problems of society. Even as, it has proven itself, people can have justice and freedom at the same time in democratic society like Canada.

There have been many famous cases like R. V. Andrews case of violation of Freedom of expression, R. v Latimer case of mercy killing as well as, cases of honor killing.

R. v Andrews:

A case law, related towards fundamental freedom. A hate group of nationalism party of Canada had discriminated and made wrongful claims against Jew and black minority in Canada. A battle between freedom of expression and was condemned by section one of charter, which indicted charter can used towards limited extend if government permits. The case actually resulted into "hate propaganda" (Supreme court of Canada R. v. Andrews, 1990) and wrong use of power of freedom of expression against hate. Case answer was result came out neutral against violation of charter but also saved by charter’s section one.

R. v Latimer:

Latimer case, created, the biggest buzz in Canada, due to mercy killing his own disable child. This issue was also a blow against charter. Robert Latimer was accused of first-degree murder, than outcry from public switched around towards second-degree murder took other unacceptable steps were taken. Few questions were raised from the justice system.

If justice system, were to declare Latimer innocent. It would be violation of charter

Second, if Latimer is declare innocent, the rights of disable minority will be at risk

Human beings are adaptable beings, if Latimer is free, other father might adapt mercy killing.

Justice system keeping an eyes of majority of things, had made answer towards sentencing. The result, even as the outcome of this case resulted in violation of charter. Afterwards, Latimer was sentenced for a little while. Some individual have considered, Latimer was innocent from a father’s prospective. But minority of disable was left without an answer.

"A recent case, of nurses has made center point of gender biased. Walden complained that nurses were listed as administrative and clerical staff while working for the federal public service, instead of being classified as health professionals. Women in the hospital were not being treated equally under the Canadian law. They had made appeal from the help of human rights and case took point against government. The compliant was written in 2004 and recently, it was solved. Won by group of women, they have received 150-million dollars after the human’s right settlement and this was the case of gender biased". (Gender equality case nets nurses $150M, 2012, n.p)

Charter and Benefits:

After thirty years of written charter, some sections of Charter have generated beneficial outcomes of being one of democratic state in the world. Charter has, limited police powers, as well as focused on providing gender equality and strengthens aboriginal rights. The major concept of charter has influenced Multiculturalism and took involvement of diversity in Canada.

Limited Police Power:

The facts have shown that, if legal sections within charter haven’t been written, Police forces might have used its power for wrong proposes, for disturbing the peace and freedom of individuals in the Canadian society. Sections limited police powers into treating people in humane matter as well as, offender with careful treatment.

"In Oakes case 1986, David E, Oakes was accused possession of drugs for pain relief but under the Narcotic Control Act, drug possession equals to the punishment trafficking drugs but crown had overruled the (section 8) of Narcotic control Act and defended the victim under the (section 1) of charter of Rights and Freedom. Therefore, Charter had defended the individual’s rights and freedoms". (Beaudoin, G. (2012)

Gender Equality:

Gender equality never existed in Canada before, women weren’t meant too own personal property. They didn’t have the equal hand to hand with male. Male were the dominances from in consideration of physical attributes towards high level jobs. Until Bill of rights and Charter of rights and freedoms came into power, under the equality rights male and females were brought equal under the Canadian Law. Thereafter, male and female were provided equal status in the society for freedom of equality, right to own property and have same work as male.

Aboriginal Rights:

Aboriginal Rights are one of major factors of equality from charter. Native people have received majority of the rights from this constitution. Charter had imposed restrictions on the government and gave rights of land towards native people. Charter has also imposing restrictions towards discrimination against aboriginal people. The voice of aboriginal minority became a written law.

Value of Diversity:

The greatest value of diversity comes, from charter of rights and freedom, attraction between different individuals background. The basics of attaining diversity in a country, is simply providing equality and generated output can be unity among citizens. Different types of groups of people attracting with each other, freely without any fear of minority or majority alterations. The unique identity of charter has made Canada, diverse society along with United Kingdom and United States of America.

Diversity has also provided benefits to Canada, such as, different mind sets and educated individuals have immigrated, and each person has different idea and knowledge to express. On the other hand different cultural and religious values, each of these must have different ways in shaping the society in good and convenient manner and morally excellent information extracted from these cultures and religious, It can be implant in society. For example: Diversity has many beneficial factors

"Increased Productivity: Diversity brings in diverse talents/gifts together working towards a basic idea using various sets of skills and techniques that ignites their loyalty and increases productivity in group or workplace" (Andrade, S, 2010, Para. 2).

"Increased creativity and Problem solving: Since diversity contains different minds and brings together, this increases the chances of creating solutions to problems in a society, as well as, making powerful decisions towards positivity. Therefore, if charter of rights and freedom was no permitted, the average of different talents and problem would be different in some way" (Andrade, S, 2010, Para. 2).

Religious attributes: Different religions have different laws in controlling human behavior. A religion controls human’s inner behavior of desires and wants; mostly it controls human’s negative desires of wanting, something unacceptable in society. Therefore, ideas from the religious prospective can be implanted in a society into preventing crime.

Economic growth: Diversity has played an important part in creating Canadian economic, whereas, each industry in Canada has special talent to depend on different groups and ethical people in Canada. For example: The convenient stores are mostly owned by middle eastern and these small businesses; one of major sources in generating tax system and make customers spend money on little products. (Andrade, S, 2010, Para. 2)

Diversity has many great aspects to be considered in making a society an excellent and safest place for society to live by.