The Magna Carta is the most significant historical document in Commonwealth history that is still extremely relevant today in many aspects of Canadian everyday life in the 21st Century.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.
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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
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