Magna Carta Today

Good Essays
The Magna Carta is the most significant historical document in Commonwealth history that is still extremely relevant today in many aspects of Canadian everyday life in the 21st Century. The Magna Carta was the first document to challenge the authority of the monarchy and establish important democratic, human and civil rights and responsibilities (Howard, 1998). These rights and responsibilities that the Magna Carta introduced are still, to this date, entrenched in the Constitution of Canada and many other nations and have a profound effect on current day events. The Magna Carter is responsible for the creation of the rule of law, democratic right as well as essential human rights and freedoms that have had significant influence of Canada. …show more content…
The human rights and freedoms introduced in the Magna Carta have been the primary building block for every other human rights declaration and legislation in the world. The most well-known and authorities of these documents that was based of the Magna Carta is the Universal Declaration of Human Rights by the United Nations (Orend, 1971). The most important fundamental freedom and right that it created was the right against unlawful detainment and execution. The Magna Carta states “No free man shall be taken or imprisoned or dispossessed, or outlawed, or banished, or in any way destroyed, nor will we go upon him, nor send upon him, except by the legal judgement of his peers or by the law of the land.” This was revolutionary at the time where feudal leaders imprisoned and killed at their mere inclination and is today still a fundamental human right (Bloch, 1965). This is extremely significant in Canada as a legal right in Section 8 and 9 of the Charter. This right has had a huge effect on Police conduct by resulting in the creation of legal requirements and thresholds for search, seizure and arrest which have been reaffirmed in numerous landmark cases (Katz, 1980). Another important human right that originated in the Magna Carta was access to the judicial system, more specifically the introduction of habeas corpus. Habeas corpus is the right to be brought before the court in a reasonable time to determine whether your imprisonment is lawful. Habeas corpus is seen as the greatest safeguard to prevent the arbitrary detention of an individual (Wright, 1994). This right is an extremely important right that has been preserved and entrenched in the Charter of Rights and Freedoms and is exercised on a regular basis in the Canadian legal system. One significant case in the Canadian legal system where this right was disregarded by the

Related Documents

  • Decent Essays

    New Light Canada

    • 1067 Words
    • 5 Pages

    The best way to demonstrate a characteristic is to act on it. Only action will prove ideals true, because ideals constantly change. As W.L. Mackenzie King said “Experience has shown that the contribution of smaller powers is not a negligible one” (Canada and the United Nations, 1945, p.10). Now, Canada has a new resolve to project Canadian values, such as fairness, equal opportunity and respect for human rights.…

    • 1067 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    Not only was the overall global constitutional trend found to be one of increasing similarity to the Canadian constitution, but also the leading influence on Israel 's basic laws and the bill of rights of Hong Kong, South Africa and New Zealand (Daniel Schwartz,2012). This goes to prove that Canada’s constitution is having many effects on other countries. Consequently, the constitution and the charter of rights and freedoms resulted in a major impact on the promotion and protection of human rights. To conclude, the constitution and the charter of rights and freedoms was critical to show how involved Canada was. Ultimately, Canada has been successful in proving to the world, the worth of human and equality rights from the early 1900s to the…

    • 1012 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    However, over the years, the principle of self-incrimination became evident and more emphasised to raise awareness on the freedom of choice whether to confess or not before or during trial. Skinnider and Gordon state that the "principle aimed at protecting against the use of coercion by authorities in the conscription of the accused as a testimonial source" (10), which has been developed by the Canadian jurisprudence to protect Canadian citizens rights in court. Over the past couple of decades, the principle against self-incrimination and not having to be compelled to assist on one 's prosecution has been deeply rooted in Canada 's Legal system (Dufraimont 241). The Charter provides protection for the accused despite having to voluntarily testify against oneself at an earlier proceedings that has been mentioned in section 13. Ratushny in his article has indicated how the Canadian Bill of Rights has had an effect on creating a right for the accused persons for testifying against oneself (76).…

    • 2463 Words
    • 10 Pages
    Decent Essays
  • Decent Essays

    Upon its introduction, “some Canadian politicians opposed the Charter of Rights because it gave courts new power to review the decisions of legislatures” (Whyte). Yet, this was for Canada’s best interest as its influence led to many big changes including the limitation of police powers and LGBT community recognition. Numerous Charter cases led to police changes, including the Oakes case which changed Canadian law forever. The Oakes case had a great impact on the Charter’s evolution and interpretation as it proved how it was “the charter 's goal to maintain balance between legislatures and courts and between individuals rights and the demands of democratic society." (Schwartz).…

    • 1378 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    The Charter of Rights and Freedoms is a charter that would be enforced anywhere in Canada. It included basic rights such as freedom of expression, the right to vote, and the right to life, but most importantly, it prevented discrimination of any sort under the law. This is important to Canada because it provided us with the basic human rights, that we can live our life the way we want to, not the way we have to, without having to face discrimination and hostility, no matter of what race or what religion. It also gained Canada the reputation of being an international leader in human rights. It is because of his vision for a just society, that we, as Canadians, get to live in a welcoming country, a country that is equal for all races, gender, and religion,…

    • 1009 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    Roles Of Judicial Judges

    • 1093 Words
    • 5 Pages

    Richard, Federal Court of Canada, 2000, public education has itself become an important part of a judge's office. It includes: “First, the preservation of a free and democratic society necessitates that the role of the judiciary be the subject of a dynamic and ongoing discussion. “Second, as noted by Ronald Dworkin in his book entitled "Law's Empire", judicial decisions affect a great many people. The Court has the power to overrule even the most deliberate and popular decisions of governments if it believes they are contrary to the Constitution”. (John d Richard, 2000).…

    • 1093 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    Trudeau's Policy Analysis

    • 1250 Words
    • 5 Pages

    In 1988, the Canadian Multiculturalism Act provided a legal foundation for the “rights:” of the citizen to be protected under the law against racism or bigotry in the community. Trudeau’s vision for a multicultural Canada had no become realized, yet not without the long-term struggles and conformity issues that were demanded of these new laws at the federal level. In essence, the pioneering political leadership of Pierre Elliot Trudeau defines the…

    • 1250 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    These included the battle of Vimy Ridge, the D-Day landings, and the Suez Crisis. From a British colony, after World War one to it’s own nation after the second world war; Canada, today is its own nation. Throughout the major world war one battles, Canadians were gaining a positive reputation for themselves.The battle of Vimy Ridge was Canada's first significant step to…

    • 944 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    The Harper government’s foreign policy sharply differs from many previous government. However Harper’s foreign policy differs most from previous Liberal governments. Most notably the Harper government seems to have broken the “Pearsonian” tradition of liberal internationalist multilateral foreign policy tradition. Canada’s tradition has always been to find common ground to work with like minded countries. All of these traditions were an important part of Canada’s middle power.…

    • 1181 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    Many factors concerning the Canadian confederation like the grand trunk railway system, protecting factories from different colonies raiding them and the American civil war. But as we know it everything was well planned and was executed perfectly we are proud to live in a country where independence was gained by…

    • 850 Words
    • 4 Pages
    Decent Essays