| 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 these people no one
would.
Official Languages of Canada:
Since Canada was founded by both the French and the
British it only makes sense that it would have two
official languages. The charter affirms that both the
French and English languages are spoken in all federal
institutions. Every citizen has the right to walk into any
Federal building and be spoken to in both French and
English. Furthermore all Federal documents must be printed
in both French and English. Every one has the right to used
both French or English in any court established by
Parliament. (Minister of Public Works and Government
Services Canada pg. 13) By maintaining both French and
English as the two official languages the Charter is making
an attempt in reconciling the differences between Quebec
and the rest of Canada.
Minority Language Educational Rights:
Everyone in Canada has the right to be educated in
either of the two official languages. If the parent of a
child wishes to educate his/her child in French, he/she
must be accommodated. By making both French and English
accessible to all the bridges of communication have been
drastically reduced.
Enforcement of the Charter:
If an individual feels that his/her right have been
violated in any manor they have the right to go to court
and ask for an immediate remedy. It is up to the individual
to demonstrate that his/her rights have been violated. If
the court decides in favor of the citizen then it is up to
the government to demonstrate that the violation of his/her
rights is justified. (Hiebert pg. 31)
General Rights and Application of the Charter:
The Constitution recognizes the rights of the
Aboriginal people. This recognition is to protect their
culture, customs and traditions. Section 25 of the Charter
makes it clear that no part of the Charter is to interfere
with the rights of the Native People. (Minister of Public
Works and Government Services Canada pg. 15-16) The
Charter of Rights and Freedoms is applicable only to
governments, it is not applicable to private individuals
and other business organizations. The charter is simply a
method of resolving disputes between the people and the
government. (Hiebert pg. 36)
Limiting Rights:
Although the Charter of Rights and Freedoms
advocates the protection of rights, it also advocates the
infringement of others. If an individual is involved in
activities that can be viewed as hurtful to others the
government has the right to prevent that individual from
continuing his/her actions. An example would be hate
literature, you have the right to read and write what you
please, so long as it does not interfere with the right of
others.
Impacts of the Charter:
The Charter has had a tremendous impact on our
political system. The government can not make a move
without being closely monitored. This has led to many
changes in our public policy. The Charter’s impact on civic
consciousness is probably more significant than any of its
more direct effects on public policy. (Bryden and others pg
34) The Charter has managed to unite the country, and to
make everyone the same. The Charter has removed the
animosity that once existed between different people,
Making Canada a strong United country.
Conclusion:
The purpose of the Charter is to acknowledge the
personal freedoms of a Canadian citizen, as said in Section
1. The Charter of Rights and Freedoms guarantees that any
person living in Canada can live without persecution. Any
law that contradicts the freedoms stated, can be challenged
in the Supreme Court of Canada. Although the Charter gives
us guaranteed freedoms, it is important to remember that
there are reasonable limits to every freedom.
Bibliography
Bryden, Philip., Davis, Steven., Russel, John.
Protecting Rights & Freedoms. Toronto: University of
Toronto Press, 1994.
Canadian Council On Social Development. A Guide To
The Charter. Ottawa: Canadian Council On Social
Development, 1988.
Hiebert, Janet L. Limiting Rights. London: McGill-Queen’s
University Press, 1996.
Minister of Public Works and Government Services
Canada. Your Guide To The Canadian Charter Of Rights
And Freedoms. Ottawa: Minister of Public Works and
Government Services Canada, 1997.
Minister of Supply and Services Canada. The Charter
of Rights and Freedoms. Ottawa: Minister of Supply and
Services Canada, 1987.
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