Essay about The Charter Of Rights And Freedoms

1879 Words Nov 28th, 2016 8 Pages
The Charter of Rights and Freedoms was established in 1982 and since its creation it has made a huge impact on the legal and political landscape of Canada. Some believe that the Charter has undermined democracy and put too much power into the hands of the courts that are not elected by the people. Some also contest that the Canadian courts are becoming lawmakers and are becoming activists. However, these claims have little truth when looking at what the Supreme Court has accomplished since the enactment of the Charter. The courts use and distribute their power conservatively because of how it effects the Canadian political landscape. The Charter of Rights and Freedoms and the Canadian courts work together to uphold rights and create checks and balances within federal system. As social and cultural structure of Canada changes, so will the laws created and the interpretation of the Charter. In this paper, I will examine different viewpoints on these issues and bring forward evidence to support that the charter has not made the courts more powerful and have not undermined democracy in Canada.
By looking at constitutional rights cases to grasp an understanding of dialogue between the legislatures and courts and the influence the legislatures has in the courtroom through third party interveners. Public perception on issues involving morality and by looking at the executive and legislative branches, there is a clear picture that shows the lack of power the courts really have and…

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