The Impact Of The Charter Of Rights And Freedoms

1879 Words 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 …show more content…
When a law is struck down, parliament is able to appeal that law or change things before creating a new one. This ensures that the courts are protecting the rights of every Canadian citizen while giving parliament power to shape laws in a diplomatic way to ensure that all views are heard. In the case of abortion, while it was the court’s decision to strike down a ban on such, no legislative power had touched on or tried to regulate such a practice. This could be argued that the lack of action by parliament in such cases were what really causes intensified political feelings by society. The courts recently agreed that assisted dying was a right under the Charter of rights and freedoms. This is also a large morality issue in society where people have intensified political feelings. While the courts have sided with pro- assisted dying advocates, parliament is the one to decide the rules of regulation regarding these practices and it is their job too moderate and make compromises that will ensure both sides of the date are heard when creating legislation to …show more content…
Within these rulings on 23 occasions there was no response through legislation. Within these rulings on 23 occasions there was no response through legislation. While there was a positive response equaling a form of dialogue in 55 percent of the cases . These statistics are proof that the Canadian courts are not too powerful and only use their discretion when it is necessary and while in some cases dialogue can be seen as limited between the parliamentary branch and the Canadian courts more times than not there is a positive response from parliament opening up a place for discussion which can be used to help coordinate legislation to balance the rights of the individuals while also allowing the government to make laws for their mandate and uphold democracy. While there is room for improvement within the system it is still just and the Charter has not made the courts too

Related Documents