Entrenching A Charter Essay

In this paper, I will discuss the issue of entrenching a charter by how it violates the principles of democracy. I would like to state that sections one and thirty-three are not sufficient enough to overcome this objection. More specifically, the discussion of my argument will mainly focus on how section one guarantees those rights; however there are reasonable limits in which we citizens cannot overpass. I will also focus my argument on how section thirty-three allows governments and legislatures to overtake the rights and freedoms that are prescribed by the charter. Indeed, Canadian citizens are protected by their rights and they live in a democratic society where they are encouraged to express their needs. Firstly I will argue that section one is not considered …show more content…
Canadian citizens cannot rely on section one because it can easily be overruled by the government and this allows the government to have more power than the citizens. Section one states, “the Canadian charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by laws as can be demonstrably justified in a free and democratic society”(Section 1.1). Here, we have the limits for the citizens and it is difficult to make a change due to the higher level of authority that the government has. When the government has more authority in say than the citizens, it does not give the citizens to speak out on what they want. Citizens in society are always subject to change and if the government entrenches the charter, the citizens’ rights are limited and that is not democratic. In a democratic society, political authority should be balanced between the government and the people. If it is only the people who have limits and not the government, there is no