Canadian Charter of Rights and Freedoms

as controversial art pieces dealing with obscene subject matter are questioned and criminally tried for the purpose of determining their constitutionality under Section 2(b) of the Canadian Carter of Rights and Freedoms; the Freedom of Expression. However, this raises the question: To what extent should the Canadian…

changes have resulted in many legal issues that violate the Charter of Rights and Freedoms, namely, those freedoms regarding section 2(b), the freedom of thought, belief, opinion and expression. This paper will discuss the background of Bill C-51, its legal issues regarding the violation of section 2(b) of the Charter of Rights and Freedoms, as well as applying each issue to the Oakes Test to determine if there are any justifications to the Charter violations. Background Bill C-51, or the…

between negative and freedom is how much of a role the state effects. Support for negative freedom usually means people want a limited role for the state/government in their lives. A good example and part of the Canadian charter for this freedom would be freedom of speech, thought, and belief. However, positive freedom is the opposite and supporters agree that the state should have a role in a person's life for the sake of the common good and purpose. A good example of positive freedom would be…

entrenching a charter by how it violates the principles of democracy. I would like to state that sections one and thirty-three are not sufficient enough to overcome this objection. More specifically, the discussion of my argument will mainly focus on how section one guarantees those rights; however there are reasonable limits in which we citizens cannot overpass. I will also focus my argument on how section thirty-three allows governments and legislatures to overtake the rights and freedoms that…

For instance, the Multiculturalism Policy is a policy to promote and secure diversity, recognize the rights of Aboriginal people and support bilingualism (Burnet). Trudeau once mentioned how “no single culture could define Canada” (Canadian Museum). Multiculturalism, which was not highly discernible before, is slowly starting to seep into others perceptive. The policy allows the right of all cultures to be prominent, dissipating the emotion of dislike of other cultures, proving Trudeau’s policy…

Canada Women’s right has been improved enormously. After WWII due to their participation in war, women were starting to be treated more fairly than before, but not equally as men. There were many factors that oppressed women in their daily life. Since the 1950s, many individuals and groups of women’s fought to improve women equal rights and attempt to involve in social, environmental and political roles equivalent to men. In the last 60 years, Canada has taken steps to improve women’s right;…

and application in Canadian law. International Labour Organization’s Convention Concerning Forced or Compulsory Labour Per Article 38(1) of the Statue of the International Court of Justice (the ICJ Statue), a declaratory document of sources of international law firmly established in state practice, treaties (or conventions) are one of the main sources of international law. Although international law is generally binding on Canada, treaties that affect the rights or duties of any…

The entrenchment of the Canadian Charter of Rights and its relation to democracy in Canada has been at the core of many debates throughout the years. A democratic government is one that allows the people to have a direct hand in what goes on in their country and some believe that entrenching the charter of rights in the constitution is a violation of the principles of this democracy. Although the charter of rights is entrenched, the charter of rights is very abstract in its rules and allows for…

fact appears to guarantee respect for the authority of the rights laid out in the Constitution. This is significant because constitutional law supposedly, in the words of Cheffins and Tucker (as cited in Boyd, 2015), is a “mirror reflecting the national soul” (p. 98). However, many reject the claim that the Canadian Charter of Rights and Freedoms [hereinafter, Charter] has brought about greater respect for fundamental rights and freedoms. This objection will be explored through analysis of the…

law school in Montreal. As a student he was conscripted to join the Canadian army, he was against conscription and supported an anti-conscription candidate in a local election. He then was expelled as a result of political activism. Trudeau became a liberal member of Parliament (MP) in 1965, a liberal party leader, and the Prime Minister of Canada in 1968. Soon after Trudeau was elected he was faced with many challenges Canadians needed taken care of. French and English citizens were in…