the-supreme-court-of-canada-and-the-charter-of-rights-and-freedoms

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The Supreme Court of Canada and the Charter of Rights and
Freedoms

In theCanadian
history, the Canadian Charter of Rights and Freedoms is a bill of rights
entrenched in the Constitution of Canada. It forms the first part of the
Constitution Act, 1982.Before the Charter, there often
was little that could be done about unfair laws passed by an elected
government. Sometimes there was no protection for minority rights or
fundamental freedoms. Think about the difference that the Charter would have
made to pre-Charter events in Canadian history such as…?. The Charter guarantees certain political and civil
rights of people in Canada from the policies and actions of all levels of
government. It is designed to unify Canadians around a set of principles that
embody those rights..docx#_ftn1″ title=””>[1]The Charter has brought changes
to laws that discriminate against people because of personal characteristics or
prejudices. With the Charter, Canadian society has a clearer recognition of
human rights and freedoms, and ways to enforce these rights. One of the most
important features of the Charter is the way it helps minorities and vulnerable
groups. Equality rights protect vulnerable groups from discrimination. The
freedom of self-expression allows people whose views are different from the
mainstream to express themselves freely. Could they not do so before
1982?
Democratic rights make sure minorities and vulnerable groups
are never again denied the right to vote. Arising from the specific historical
context of Canada, these collective rights, recognized in the Charter, confirm
or establish language rights, aboriginal rights, and the multicultural
character of Canada. The Supreme Court of Canada accords them great importance,
to the point that it places respect for minorities among the four fundamental
organizing constitutional principles of Canada, alongside federalism, democracy
and the rule of law. Footnote? This opening paragraph has no focus.There’s
context and lots of detail, but you’ve got too many competing ideas here.
What’s the main point? Your thesis statement should answer the question of why
the Charter makes Canada more democratic and egalitarian (or why not). Try to
do so in a single sentence. The rest of the paragraph should offer some context
(as you do)and indicate how you’ll prove your
argument.

It was preceded by the Canadian Bill of Rights
and also has a huge effect toonCanadian people’s.docx#_msocom_1″>[J1]life. Under the Charter, persons
physically present in Canada.docx#_msocom_2″>[J2]have numerous civil and
political rights. Most of the rights can be exercised by any legal person..docx#_msocom_3″>[J3].docx#_msocom_4″>[J4]

The
introduction of the Charter of Rights and Freedoms expanded judicial
interpretation to not only provincial-federal relations but the citizenry.docx#_msocom_5″>[J5].,
which it is believed that the involvement of the Supreme Courts allow a better
degree of scrutiny in Canadian Federalism. The benefit of the Chapter.docx#_msocom_6″>[J6]is that itallowed
a new way to balance the problem of citizens’ rights and public interests.
Thus, more and more Canadians are willing to word missing?The
Supreme Court and parliament to counter their rights and concerns’ balance unclear. The Supreme Court has becaome
a new way to acquire
their balance of citizens.docx#_msocom_7″>[J7]and go against policies of
government
such as…?
. The Chapter can give their citizen’s basic rights in
the nation
such as…?
. In a word, The Chapter plays an important role in the
country.
Unclear how. Explain, with specific examples.

TheSupreme
Court is
being the final arbiter of the constitution, as undergone a variety of changes
that has.docx#_msocom_8″>[J8]now transformed the way it
operates in Canadian political life.It is Canada’s final court of appeal. It serves Canadians by
deciding legal issues of public importance, thereby contributing to the
development of all branches of law applicable within Canada. The independence
of the Court, the quality of its work and the esteem in which it is held both
in Canada and abroad contribute significantly as foundations for a secure,
strong and democratic country founded on the Rule of Law..docx#_ftn2″ title=””>[2] You cannot cut-and-paste from
the website or any other source, copy verbatim, and stick a footnote on it.
Direct quotations must be indicated by quotation marks, and sources must be
identified precisely.
“Reference” does not tell me anything. Make sure you
are aware of the rules governing plagiarism and academic misconduct. If you’re
unsure about quotations and citations, check with the tutors at the Academic
Learning Centre or ask me.

According to the politics of Canada, the fact that the Supreme
Court is a separate institution allowing governments and citizens to come to
negotiate offers a wider range of possibilities for citizens to scrutinize
their governments now that they have a Charter to challenge. Canadian
federalism consisted of a high-order court that only questioned government upon
the issue of ultra vires of statutory authority before the implementation of
the Charter.The
Charter era has changed the perception of the Supreme Court because “it widens
the focus of judicial review from an occupation of within the powers of
government to a concern right for citizens”.docx#_ftn3″ title=””>[3](Russell & Morton, 1989). No
parenthetical citations when you use Chicago style
Now the court
is involved with issues of power jurisdiction between governments, and it also
concerns with issues of public policy acting as a third party umpire between
these two.

“Courts now have a personality distinct from the
government of the day, and they hold considerable power”(Savoie, 2010)..docx#_ftn4″ title=””>[4] With the implementation of the Charter, the Supreme
Court of Canada can be powerful in interpreting the legalities of the current
governmental affairs that have come to change in recent years. The Supreme
Court of Canada is an institution that is held with a greater degree of
scrutiny because it is independent and not concerned with the current
government.With
the implementation of the Charter, the Supreme Court has become the legal
arbiter within the concept of the rule of law and promotion of democracy between
both governments and the public.The
implementation of the Charter has enhanced scrutiny for governments because the
federal document can be used to decide matters of public policy that may be
undemocratic, where both the citizens and government can use this to their
advantage.

There is
always an opposing theory to such arrangements ?? unclearin
Canadian politics. Some people think that some believe the Supreme Court acting
as a political actor is undemocratic, which underlies our political principles.
While other people think that

Supreme Court is undemocratic because “when
they exercise the power to declare unconstitutional legislative, executive or
administrative action, they reject the product of the popular will by denying
policies formulated by the majority’s elected representatives”(Choper, 1974)..docx#_ftn5″ title=””>[5] In my point of view, Canadian Supreme
Court judges are appointed under the recommendation of the federal cabinet or
the Prime Minister whom are both elected representatives that have seats in the
House of Commons. Therefore, the debate to whether the Supreme Court is better in
regards to democratic values.docx#_msocom_9″>[J9]depends upon how you view your terms of
democracy.
The Charter itself has become a crucial aspect
of the Supreme Court of Canada because it enhanced the courts means of
promoting democracy within the concept of the Rule of Law. Both the terms of
federalism and the constitution are made to promote democracy, where the
Supreme Court has become the peak interpreter and litigator of the written
constitution and therefore federalism itself, along with public issues raised
in the constitutional document of the Charter. The Supreme Court acts as a
separate forum that is legitimized by operating under the rule of law, where
the implementation of the Charter has made promotion of democratic values a lot
easier now that it is entrenched into the constitution itself.

In the role of parliaments, law-making is one
of the primary roles which can branch off to three distinct bodies, the
legislature, executives, and the judiciaries. The most significant role of
parliaments all over the world is however to represent the people.
Nevertheless, it is very vital to remember that in parliamentary polity, the
legislature has to provide from within itself a representative, accountable and
approachable government to the people.The Role of the Supreme Court is to be a separate non-political
(for good reason) interpreter of constitutional documents, where government and
politics of the day will not necessarily conform to these legal principles in
their policies and negotiations.The Governor General has several
duties related to Parliament. He
or she officially appoints the Prime Minister as Head of Government,
and opens a new session of
Parliament with the Speech from the
Throne in the Senate Chamber.
This is a ceremonial speech, written by the Privy Council Office, in which the
Governor General describes the goals of the new government. He or she also officially dissolves Parliament, and
gives Royal Assent to bills passed in Parliament. How is this
relevant to the topic of the essay?

Legislature
in parliaments is one of the most prominent branches of government. It lays
down the foundation in which the executive branch has to utilize in the
completion of laws and which the judiciary has to apply its frame of reference
in arbitrating cases linking to these laws. The four main roles of legislation
of the parliament are to regulate, issue directives, take decisions, and make
recommendations or to deliver opinions. In the Charters rights and freedom, it is said:Every
citizen of Canada has the right to vote in an election of members of the House
of Commons or of a legislative assembly and to be qualified for membership
therein. There shall be a sitting of Parliament and of each legislature at
least once every twelve months..docx#_ftn6″ title=””>[6] The Charters of rights and freedom also
appliesto the Parliament and
government of Canada in respect of all matters within the authority of
Parliament including all matters relating to the Yukon Territory and Northwest
Territories; and to the legislature and government of each province in
respect of all matters within the authority of the legislature of each
province.

This
paper lacks a clear argument, as noted on p.3, and it also lacks a coherent
structure. There is no focus. Instead there is a varied collection of
information that does not always relate to the essay topic. Writing mechanics
need work (ie. grammar, punctuation, etc.) References are not written according
to the accepted format, and citations are not clearly identified and
acknowledged. Have you watched the essay tutorial videos posted to the course
home page on D2L? If you have not, I would recommend starting there. A visit to
the writing tutors at the Academic Learning Centre would be the next step. Feel
free to contact me for help or to discuss the paper.

F

7 / 20

RESOURCES:

.wikipedia.org/wiki/Canadian_Charter_of_Rights_and_Freedoms”>http://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and_Freedoms

.scc-csc.gc.ca/court-cour/role/index-eng.asp”>http://www.scc-csc.gc.ca/court-cour/role/index-eng.asp

http://laws-lois.justice.gc.ca/eng/Const/page-15.html


.docx#_ftnref1″ title=””>[1] Reference this is not
an acceptable footnote. What is the source?

.docx#_ftnref2″ title=””>[2] Reference

.docx#_ftnref3″ title=””>[3] Russell, Peter
& Morton, Ted. (1989). Federalism and the Charter. Ottawa Canada: Carleton
University Press.

.docx#_ftnref4″ title=””>[4] Savoie, Donald.
(2010). “Power? Where is it? Canada: Mc Gill-Queen’s University Press

.docx#_ftnref5″ title=””>[5] Choper,
Jesse. (1974). The Supreme Court and the Political Branches: Democratic Theory

and
Practice. (Vol. 122. No.4): University of Pennsylvania Law Review.

.docx#_ftnref6″ title=””>[6] Reference


.docx#_msoanchor_1″>[J1]P

.docx#_msoanchor_2″>[J2]As
distinct from citizens? What exactly do you mean?

.docx#_msoanchor_3″>[J3]Who
would not be considered a “legal person”?

.docx#_msoanchor_4″>[J4]

.docx#_msoanchor_5″>[J5]unclear

.docx#_msoanchor_6″>[J6]SP

.docx#_msoanchor_7″>[J7]syntax

.docx#_msoanchor_8″>[J8]syntax

.docx#_msoanchor_9″>[J9]vague

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