Canadian Human Rights
Society, human rights and the justice system: The Canadian experience
The inclusion of human rights within a criminal justice system is the natural evolution of a criminal justice system that reflects societal expectations within a just society as to how we treat one another. These rights in Canada exists in two ways, human rights acts that protect citizens from each other and those that protect the rights of citizens from the state. This paper will explore, from a Canadian context, the development of human rights and constitutional rights, the purpose of these rights and how they operate within the current criminal justice structure. The paper will also address whether the current approach is reflective of Canadian society and the principles
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With continued calls for the formalization of human rights in Canada, then Prime Minister John Diefenbaker enacted the Canadian Bill of Rights. The creation of this act was catalyst in the development of provincial human rights acts as, “other provinces followed Ontario’s example, implementing human rights acts throughout the 1960s and 1970s, in many cases establishing human rights commissions to administer these laws” (p.808). While formal legislation of human rights had been created, there was still no nexus to the criminal justice system in Canada. Subsequently, there was a desire to expand human rights, through a constitutional solution into Canadian …show more content…
Up to the 1970’s, human rights acts, either federal or provincial had a significant impact on developing the Canadian identity, creating a country known for its tolerance of others, protection of minorities and belief in equality. This was not the case within the Canadian criminal justice system.
Justice to Maintain Authority. Historically, “dominant groups used the state and its legal system as a tool of oppression and exploitation in order to maintain their own hegemony” (p.809). The criminal justice and legislative systems had been used to maintain control over non-white citizens, with legislation such as the Chinese Immigration Act and the Indian Act. Even, “… racialized minorities tried to assert their rights in the Supreme Court of Canada, only to be denied by a justice system that was reluctant to undermine racist legislation or penalize racist actions” (p.809). The response of the criminal justice system to human and fundamental rights would not change until 1982 and the introduction of the Charter of
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1693 Words | 7 PagesWith the example of the minor, in comparison, power imbalance between police and citizens, it is a valid point of concern that this inequality between individuals and the state could end very poorly. A group of respected, and notable Canadian Officials consisting of 22 significant political figures released a statement via the Globe and Mail and La Presse newspapers, expressing their concerns with the bill. Their main concern with the proposed ac was the fact it may lead to significant human rights violations: “… experience has shown that serious human rights abuses can occur in the name of maintaining national security.” Historical events, which have occurred in Canada, such as the War
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Assess The Reasons Why The Conservatives Lose Power
876 Words | 4 Pages“Trudeaumania swept across Canada…for a few warm spring months in 1968 Pierre Elliot Trudeau synthesized the dreams, achievements, and illusions of the liberation era.” (Fellows and Wells, 2013). Trudeau ran under the slogan of creating “the Just Society” (Fellows and Wells, 2013) in Canada, and unlike Diefenbaker, Trudeau would manage to achieve what he promised the public. While Trudeau was in office he managed to implement reforms that expanded welfare, enabled parliament to be more efficient, and established true universal healthcare in Canada (Fellows and Wells, 2013) . All of these changes and reform were things that others had promised previous to Trudeau but constantly failed to
October Crisis Analysis
1774 Words | 8 PagesGreatly valued in the west, Canada is proud to have a set of rights and freedoms granted to every one of its citizens. Under the Canadian Charter Rights and Freedoms, it dictates what the state’s citizens are entitled to, which can involve the right to expression and the right to equality. Of course, there are reasonable limitations to these rights, such as restricting what sort of speech is free, but since the September 9, 2011 attack in New York City (hereby referenced as 9/11), the Canadian government has been passing legislature that has been cracking down hard on these rights. These legislatures, such as Bill C-36, has been created specifically to fight off terrorism, but this fight has been done almost blindly and in a rash manner. Cases
Reflection On Canadian Charter Of Rights And Freedoms
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How Has The Criminal Code Changed Throughout The 1960's
1155 Words | 5 PagesThroughout the 1960’s, Pierre Trudeau made many significant changes regarding Canada’s Criminal Code through Bill C-150, after earning a seat in parliament for the Liberals in 1965. This bill took major steps towards the acceptance of homosexuality, made abortion possible for some women, put restrictions on firearms, made small scale gambling okay and put a limit on Blood Alcohol Concentration when driving. Before the late 1960's, there was a strong stigma around abortion and homosexuality, he started to change our country’s opinion on this as well as some other topics. Pierre was one of the people who began proving everyone was equal and began giving rights to those who otherwise had none. He created the basis of what our criminal code
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1085 Words | 5 PagesNclive, doi:http://dx.doi.org/10.1007/s10892-010-9091-x. Paul Bou-Habib of the Department of Government at the University of Essex in the United Kingdom, presents this paper as a discussion of what he terms “background injustice” and racial profiling. He basically defines “background injustices”as social injustices over which the individual has no control within his profiled group. Bou-Habib suggests two accounts of background injustice. First is “responsible injustice”wherein the group proposing racial profiling is responsible for the injustice.
How Did Pierre Trudeau Changed Canada?
1421 Words | 6 PagesCanada is now known to be a diverse, multicultural, bilingual and inclusive nation largely as a result of his work. Pierre Elliott Trudeau also believed in an equal Canada for all, he is primarily the one to introduce rights and freedoms to the citizens of Canada. While some view Pierre Trudeau as impulsive, for enforcing the War Measures Act, Trudeau enacted this for the protection of Canadian citizens against radical extremist and his actions were more rational than impulsive for the situation that had suddenly occurred. Pierre Trudeau was one of Canada’s greatest Prime Minister’s, who’s impact fundamentally changed the course of the nation by introducing multiculturalism, for introducing the Canadian Charter of Rights and Freedoms and for paradoxically upholding democracy by strong action during the October Crisis.
Overrepresentation Of Indigenous People Essay
1076 Words | 5 PagesThe overrepresentation of Indigenous peoples in the Canadian criminal justice system is a deeply concerning issue that has garnered significant attention from academics, policymakers, and the wider public. The notion that Indigenous peoples account for more than 30% of the federal prison population, despite comprising just 5% of the Canadian population, highlights the extent to which they are disproportionately impacted by the legal system. The overrepresent of indigenous peoples in the justice system in Canada needs to be addressed through a review of the fairness, equity and effectiveness of the legislation that is currently in force, due to its lasting impacts on indigenous communities. Through examining the failures of Canada's
Analysis Of Emily Murphy's Case: A Defining Moment For Canada
1526 Words | 7 Pages4)Robert J. Sharpe, Patricia I. McMahon Persons Case: The Origins and Legacy of the Fight for Legal Personhood. Toronto: Univ of Toronto Press, 2007, 1-206 5) Michael Dorland and Maurice René. Charland, Law, rhetoric and irony in the formation of Canadian civil culture (Toronto: University of Toronto Press, 2002), 218. 6) Vivien Hughes.
Pierre Trudeau Federalism
1515 Words | 7 PagesInstitutional and historical analysis often portray the motives of governments, especially in the cases of Quebec separatism and Aboriginal mistreatment. History describes attempts at compromise to rectify the problems by altering political institutions to provide more autonomy to the provinces, witness in various accords and the methods described previously. However, in regards to Aboriginals a historical relationship of exploitation and eradication sheds on the systemic issues that Aboriginals cope with and the institutions that caused them. As scholars of Canadian politics, it is important to consider historical and institutional analyses when looking at any issue, as it reveals the underlying motives of actors in regards to the cleavages that comprise a state.
How Did Ww2 Affect Canada
547 Words | 3 PagesBefore, a majority of Canadians only cared about their own problems and turned a blind eye to the Holocaust, after shifting their attitude Canada helped out by sending troops to Europe in WWII. It created a shift within civil society by making them promote their organizations even more to help establish strong bonds. As stated by Professor Dominique Clément “This ‘rights revolution’ represented an important shift not only in the relationship between citizens and the state but also within civil society.” WWII really promoted change in equality and human rights by helping Canadians realize the significance of their rights and values and then fixing their mistakes to gain
The Benefits Of The Canadian Charter Of Rights And Freedoms
1219 Words | 5 PagesBefore the Charter, many people may argue that Canada was a free and democratic country. Canadians had the freedom of expression, equality and the principles of fundamental justice. What changed with the creation of the Charter was that rights and freedoms were given constitutional status, and judges were given the power to strike down laws that infringed on them. In 1982, most Canadians agreed that the introduction of the Charter was going to monumental. But on the contrary, over 30 years later, numerous laws have been struck down by interpretation of the charter and remedial techniques that have been developed by courts.
Essay On Human Rights In Canada
1042 Words | 5 Pages“To deny people their human rights, is to challenge their very humanity.” -Nelson Mandela Canada is well known across the world for handling its national challenges well, yet has not been obeying the human rights. The human rights were made so everyone was equal and no one had higher power. According to Canada.ca, Canada is a founding member of the United Nation, (UN) and is a party to seven principal United Nations human rights conventions and covenants.
The Pros And Cons Of The Human Rights Act 1998
1171 Words | 5 PagesHuman rights were initiated for the protection of the basic civil and political liberties in the general public. In the United Kingdom the Human Rights Act of 1998 came into force in October 2000. The aim of the HRA in the UK was to provide further legal effect to the basic rights and freedoms contained in the European Convention of Human Rights. The rights contained in the HRA not only affect essential matters of life and death, but also issues that occur in people 's daily life. Considering the broad range of basic rights covered, it is not astonishing that the HRA is viewed as one of the most significant segments of legislation ever passed in the UK.
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