Charter Of Rights Analysis

Superior Essays
1. Power is distributed between the federal and provincial government due to Canada being a federal state. Both levels of government shares the obligation and jurisdiction over particular sectors of law and divisions such as; health care, corrections and many more.
The Queen of England is the head of the government and the Governor General acts as her representative in Canada and works alongside the Prime Minister, which leaves Canada as a constitutional monarchy. When Canada became a British colony, confederation, then came into play, forming a union between Ontario, Quebec, Nova Scotia and New Brunswick. The Constitution Act of 1867, also known as The British North America Act, was what united these provinces, this divided provincial
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The Statue of Westminster made it accessible that the parliament have privilege to form The Bill of Rights in 1960, which is Canada’s first legal document to outline the rights and freedoms and protection and interests of individuals. The Charter of Rights and Freedoms, forms the first part of Canada’s Constitution Act of 1982. The Charter guarantees individuals with rights and protections, such as freedom or religion. Freedom of expression, equality rights, language rights etc... Similarly, to the Bill of rights, the CCRF (Canadian Charter of Rights and Freedoms) offers fortification and additional privileges to citizens and non-citizens. Furthermore, the Charter is can be utilised to justify and remove laws which infringe upon individuals of societies’ rights and hinder their sense of safety and protection in society.

2. Liberalism is a legal theory uses utilitarianism to accentuate individual rights and freedoms. Brian Tamanha analyzes four main themes; “the individual is free to the extent that the laws are created democratically, “the
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In the case (Citizenship and Immigration) v. Harkat, Mohamed Harkat was denied entry to Canada in 2002 due to the belief that he was coming to engage in terrorist activities. A Security certificate issued against Mohamed Harkat stating that “he is inadmissible to Canada on grounds of security - Whether sections 77(2), 78, 83(1)(c) to (e), 83(1)(h), 83(1)(i), 85.4(2) and 85.5(b) of the Immigration and Refugee Protection Act breach section 7 of the Charter and if so, whether the provisions are justified under s. 1 of the

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