Canadian Charter of Rights and Freedoms

Stephen Harper’s tenure as Prime Minister was the adversarial relationship between Parliament and the courts. His government was “openly hostile towards the judicial branch” and often failed to take its Charter duties seriously. Harper’s lack of deference for the right and freedoms entrenched in the Charter led to several of his government’s laws being struck down by the Supreme Court of Canada. Conversely, the appeal of Frank v. Canada was a victory for the Conservative government – although…

Freedom of speech is an issue that transcends time. In a recent and controversial case, Maclean’s magazine was accused of publishing hateful and Islamophobic content that, (from the complainant’s point of view) allowed for no opportunity to be countered. There are parallels between John Stuart Mill’s work On liberty and the Canadian Charter of Rights and Freedoms enacted by Prime Minister Pierre Trudeau on what boundaries to place on such a precious liberty. Both generally conclude that a…

compromise of conflicting rights which need to be achieved through a constitutional justification. The Court's decision makes the important declaration that safety and other concerns must be clearly established before an infringement of freedom of religion is justified. Similarly the Multani decision also provides insight to the proper relationship between administrative decisions and the protection of fundamental rights and freedoms in Canada. Given the Charter the charter has existed for over…

compassionate and non-discriminatory as many might assume at first glance. Hidden from plain view, there are violations of human rights that are happening and have happened in Canada. Beyond the mask of innocence and purity that the Canadian government has donned, there exists a slew of examples of discrimination, leading to the infringement of the rights of many people, rights…

Former Canadian Minister of Trade, Richard John Cartwright, once said: “every real friend of liberty, will agree with me in saying that if we must erect safeguards, they should be rather for the security of the individual than of the mass”. It was in this spirit that the Canadian Charter of Rights and Freedoms were established over a century later, entrenched in Canadian law. However, in our modern society, there still persists a struggle between two major groups: those who wish to enforce…

Introduction Within the Canadian criminal justice system, the concept of due process maintains fairness and equality for everyone involved. All accused parties are given the ability to be presumed innocent until proven guilty, therefore, the onus is placed upon the prosecution to prove that the defendant is indeed guilty beyond reasonable doubt. Since the introduction of the Charter of Rights and Freedoms as part of the Constitution Act, 1982, the rights for the accused have increased…

that will benefit the government of Canada. Provincial Legislatures has power as well and they are very important for Canada’s Constitution. In each province, the council, can make distinct laws for their province. Some of the laws property and civil rights, hospitals, local undertakings and works, the management and sale of provincially owned public lands, municipal institutions, administration of justice, the incorporation of companies with provincial objectives, marriage . Provinces can also…

I can’t speak for other people, however since I am considering employment as a police officer, I would like to ensure a few things. Firstly, In terms of the Charter or Rights and Freedoms, It is nice to know that a) everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. To me, this can come into play when addressing things such as quality of life. Such as knowing…

There are many extraordinary Canadians that made Canada the great country it is today. As the 15th Prime Minister of Canada, Pierre Trudeau was one of those people. Pierre Trudeau’s beliefs in a strong, united Canada, his contributions in creating a culturally diverse society, created his legacy of creating a new sense of Canadian nationalism, which is what makes him the greatest Canadian. Pierre Trudeau always believed in a Canada that is strong and united, and this was a tricky thing to do,…

Part B: Article Selected: "The Truth about Canadian Judicial Activism" To begin the article, Anand states that the topic of judicial activism over the years has generated great debate. In recent years, many have denied that there is such a thing called judicial activism, for example retired Supreme Court Justice John Minister John Mayor once said: “there is no such thing as judicial activism in Canada”. As a result, many feel that the debate has allowed excessive judicial defense, resulting…