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The Charter of Rights and Freedoms
Transcript of The Charter of Rights and Freedoms
Known as "The Charter", the charter of rights and freedoms is a part of the constitution of Canada. It lays out all the rights and freedoms that are entitled to a Canadian by law. Its purpose is to unify canadians under rights that are entitled to each of them.
The charter came into legal existence on the 17th of april, 1982, along with the rest of the act. The charter was a precedent of the Canadian bill of rights. In other words, the rights of Canadians stated in the charter already existed before the charter, but in another document known as the bill of rights.
Who was responsible?
The Parliament of Canada requested that the charter formally be part of the Canada act 1982 and thus, the british parliament did so. The queen Elizabeth 2 herself signed the Canada act, along with the charter, into law. The credit and thanks is offered to the prime minister at the time, Pierre Trudeau.
What does it do?
The charter of rights and freedom's purpose is to give every Candian the fundamental rights and freedoms they have clear and concise in a single document.
The charter of rights
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Did you know?
The bill of rights existed from the early 1960's, but it only affected the federal government. Even so, the government didn't give much attention to it and gave it relatively low importance in courts and legislation itself. simply put, it was ineffective. That was the main reason why the charter of rights and freedoms was made law. it affected all levels of government and defying it in most cases, is not an option.
What does the charter cover?
The right to Equality
Every Canadian is equal under the law. Whether it be a lawyer, a policeman, a homeless person, a teenager, an old man, a female, a visible minority, the prime minister, a disabled person or anyone else, everyone is 100% equal under the law. No one is above it, and no one can be above it. This applies to everyday life situations. Simply being equal doesn't cut it. We need it to imply in our daily life. A good example is when looking for work, people should be taken according to their skills and not be discriminated.
Every Canadian is entitled to freedoms that are fundamental to the democratic society of Canada. Some of these freedoms include
Freedom of conscience
Freedom of expression
Freedom of peaceful assembly
Freedom of religion
These rights simply sum up the rights that everyone has upon another. In other words, one has the right to live a safe life in which he won't fear being killed. He also has the right to live in security and not fear for theft or murder of him and his family. the person cannot be deprived of fundamental justice if it (murder or injustice) occurs.
In Canada, to prevent racial, ethnic, gender and many other discriminations, many jobs have what is called a quota system. That is something that is required for many jobs to use. It
makes sure the company has hired a specific percentage of the four most discriminated against groups; Women, Aboriginals, Disabled people and visible minorities.
Freedom of expression means that the canadian has all the right to express themselves. Expression is a broad word, but it mainly covers other freedoms as well. Some of the ways people are able to express themselves is to do so spritually, mentally, physically and so on. It also lets the person express themselves through speeches, poetry and all forms of communication, as long as it does not harm, threaten, void or dismantle someone else's rights and freedoms or the law.
Freedom of conscience means that everyone is completely free to believe and think of whatever they want. people have all the freedom to spiritually and mentally believe in their beliefs, values and morals, or what they see and right and wrong. However, as long as it does not contraditc any law, or threatens to harm or trouble another citizen, or is ethically wrong, then anything is perfectly fine. An example is someone who thinks killing is right. This is wrong. Not only is this wrong in the law, but it is also ethically incorrect so this can't fall under the freedoms. No one has the freedom to kill someone else.
Democratic rights are rights that should be available in any
democratic country. A democratic right can include the following :
The right to vote
The right to have a person of authority removed in some cases
The right to free elections
These rights also includes the right that no one should be punished inhumanely, or tortured. Also, a suspect is innocent until proven guilty. A suspect may not be detained unless with clear evidence, and the sentence must be reasonable
Every Canadian, as well as permanent residents has the right to move wherever they want.
Not only are they allowed to move to other coutries, but also in Canada as well. They have the right to pursue a living in other
countries, as well as live and reside in them. However, in terms of
living in International countries, the countries have laws that
might be different than that of Canada's therefore one must
know that law. Ignorance is not a excuse, in that case.
Pros of the Charter
The charter has many pros. It provided the people with many many benefits in terms of solving injustice in Canada. Keeping all people equal and giving them right and freedoms as individuals, it has built a country with free people and equality is a law, not an option. It has allowed everyone to join society without discrimination. it has allowed people of completely different origins and backrounds to live together peacefully. In short, it has accomplished amazing goals
Cons of the Charter
The disadvantages of the charter is that everyone has their own interpretation of many of the key words in the charter. Freedom, expression, equality and many other words can be expressed differently by different people, and with having a multicultural group as the nation's people, everyone can interpret things differently and thus great misunderstandings and problems will arise.
The bottom line
The charter has many pros compared to the cons. The changes anything makes in the world must have a negative effect, but when balanced, the positive outweighs the negative many times and thus concluding it based on the weighs of the pros and cons, the charter of rights and freedoms has certainly been beneficial to the Canadian people.
The main question that this presentation had to answer was whether the charter is a good thing or bad thing. Has it done more harm than good? Was it
a success or a failure?
It is very good!
A small farewell gift :)
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Pch.gc.ca, (2013). Part I - An Overview of the Canadian Charter of Rights and Freedoms - Cultural Diversity and Rights - Canadian Identity. [online] Available at: http://www.pch.gc.ca/eng/1355760105725/1355760725223 [Accessed 6 Dec. 2014].
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