If dialogue theory is nothing more than a thin cover for judicial supremacy, than how should Canada model the relationship between the legislature and the judiciary? The answer lies in coordinate interpretation. Coordinate interpretation envisions that every branch that interacts with the Charter (the judiciary, the executive, and the legislative) will have equal responsibilities in upholding and advancing the values in the Charter (Slattery, 1987, 707). Under coordinate interpretation, the executive and the legislative branches would have “first order” duties, which means they would be expected to scrutinize legislation that they intend to pass in order to ensure Charter compliance; likewise, they also have a duty to scrutinize legislation
The “living Tree” approach versus strict construction is another important aspect of the major terms and conditions set in the constitution act (1867). Canada has a “living tree” approach when it refers to the legal system we have in Canada. The Judical Committee of the Privy Council once stated that “The British North America Act planted in Canada a living tree capable of growth and expansion within its natural limits” (McCormack & Bueckert, 2013). In Canada we have a very democratic way of seeing and applying our decisions on different political views. Whether it’s voting in elections to elect new MP, elect a new Prime Minister or the voting between the political parties in the house of commons when deciding on important issues in our society, a decision is never made without the vote between many people.
How does the Canadian Charter Of Rights And Freedoms protect Canadians as individuals? Many Canadians know that the Canadian Charter of Rights and Freedoms is part of Canada’s Constitution. The Charter protects every Canadian’s right to be treated equally under the law. The Charter guarantees, for all Canadians, Fundamental Freedoms, Mobility Rights and Legal Rights. Under the Charter in the section entitled Fundamental Freedoms”, Canadians have the right and freedom to express their own opinions, choose their own religion, to organize peaceful meetings and demonstrations and also the freedom to associate with any person or group.
The Canadian Charter of Rights and Freedoms first came into effect on April 17, 1982. The Canadian Charter of Rights and Freedoms is one part of the Canadian Constitution, created in 1867. The Constitution is a set of laws containing the basic rules about how a country operates. The Charter sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society. The Canadian Charter of Rights and Freedoms is an effective tool to ensure and maintain a just society as it protects the innocence of people, protects and ensures past laws and states fundamental freedoms, all of which work to create a thriving society.
Canada was transformed on April 17, 1982 when Queen Elizabeth II gave her royal acceptance of the Constitution Act. Prior to the signing of the Act, which included the Charter of Rights and Freedoms, Canada remained under the control of Britain and individual rights were not guaranteed. The Constitution Act established the Government of Canada, apart from Britain, and granted it the ability to amend its own Constitution. It also gave the Supreme Court more authority, provide the provinces political and economic controls and gave new guarantees of equality and individual rights not provided for in the British North American (BNA) Act. The new Constitution and Charter were controversial in the provinces, but Pierre Trudeau’s determination
The U.S. culture is very similar to Canadians as we are exposed to it all the time in media sources. The events in American history have also affected Canada from a political perspective, which lead to the Democracy that is present today. Another way the U.S. has affected Canada is from a military perspective because Americans are quick to jump to war and Canada has had to help control them which lead to them being peacekeepers. The United States helped mold the Canadian identity by being both a threat and support to the nation; this will continue into the 21st century but Canada will keep it’s unique identity. A country 's culture can be seen as interchangeable with identity; in Canada there is evidence of American culture everywhere.
The statue of Westminster granted full legal freedom and established Canada as an independent nation. Events were also branching out towards Quebec, such as the FLQ as well as the quiet revolution who wanted the french influence to be national. Not all conditions were met and if they were, then it would’ve been possible that english would not be considered as a national language. Likewise there would not have been much diversity in a cultural aspect. Despite everything that the country had gone through we would have been robbed of our social freedom and
The judicial branch of Canada has played one of the most unique roles in history due to their shaping of Canada. The decisions rendered by the Judicial Committee of the Privy Council (hereby referred to as the JCPC) and the Supreme Court of Canada impacted the values of Canadian citizens. These decisions were often contradictory and exposed the legal system as flawed, inflexible and stubborn. Throughout the decades the judiciary sought to maintain rules crafted by the Fathers of Confederation in 1867, rather than adopt more effective standards for judgement. The Canadian federal and provincial powers were broken into sections 91 and 92 in the British North America Act of 1867.
“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. Principal United Nations human rights conventions and covenants are treaties, and covenants are agreements, while parties are A group of voters organized for the purpose of influencing governmental policy. The human rights also required an agreement to the 30 rules which Canada agreed
On August 29 2015, Liberal Party leader Justin Trudeau promised to fight for equality and bill C-24 if his government is elected, and I completely agree with his stance. To summarize C-24, it is a bill presented by the Conservative Party that grants the government the power to revoke dual citizenship from “second-class citizens”. Trudeau essentially stated that Canada’s strength is in its diversity and it is critical that everybody is treated equally regardless of where they were born. In addition, he states that his Liberal Party will ensure citizens will receive all rights listed under the Canadian Charter. While Justin Trudeau has made some questionable actions, I completely support his decision to repeal this bill.
Canada is a democracy so the belief is in being equal and fair, thus Canada put these beliefs into effect by creating the Canadian Charter of Rights and Freedoms using the Equality Rights section. So if the Canadian population was asked if it is reasonable for its politicians to prohibit citizens from wearing certain religious symbols, the answer would be no. On the other hand, if another country were to be asked this question the answer may
In the journal article, “Placing future senate reform in context”, Bruce Hicks created what some have called “The Tim Hicks Amendment”, in where he promotes the idea of giving every province six senators. Another proposal was to take all the reserve territory and create a single province. This would ultimately give Aboriginals the privilege of having a financial and economic unit, allow them to make negotiations with other provinces, to be able to sit at federal meetings, and to have primary control over their own resources. These three proposed forms of reform are feasible, and each one offers its own viable solution to go about successfully reforming the senate. Initiative should be taken by the provinces and the Canadian government to come up with a solution to the problems that the senate constantly faces.
Aucoin would agree with this plan because Justin is not over using his authority and is spreading the power into his parliament to make a real change in Canada while still staying within the rules and is keeping his word to Canadians. Mr. Trudeau plans or improving partnerships with provincial, territorially, and municipal governments are crucial in brining real change to Canada and the biggest relationship to fix is with Indigenous People in regards to rights, respect, co operations, and most importantly partnership. Also Justin Trudeau has committed bringing new leadership to Canada and one way he plans on doing this is by allowing more openness and transparency in government to shine the light on the government to show the people that they are there to serve the people and not themselves. Aucoin would agree with these set commitments because there is a clear objective of fixing relationships with no loopholes and he is serving for the population and not the