It is independent of the legislative and executive branches. Judges are public officers appointed to preside in a court of justice, to interpret and apply the laws of Canada (The Canadian Encyclopedia, n.d.). Talking about the qualities required by a judge, they are required to have the highest standards of integrity in both their professional and personal lives. They should be highly knowledgeable about the law, willing to undertake in-depth legal research, and able to write decisions that are fair and convincing. Their judgment should be clear, and they should be able to make informed decisions that will stand up to close scrutiny and issues arising from the disputes.
The Queen, the POGG provision was applied solely because Canadian survival was at risk. This proves that the rules were so vague and ever-changing over the application of POGG powers that even the Supreme Court of Canada and JCPC disagree on the usage and interpretation. When both branches of the judiciary cannot come to an agreement about a power that is expansive and impactful as POGG, it only makes the case stronger for abolition of the POGG clause. Instead the judicial branch continued to enforce laws through the perspective of 1867 onto the Canadian
The legal system in Canada is recognized as a neutral, predictable and impartial system in maintaining social order. Each citizen is guaranteed a fair and equal treatment from the legal system. The law thereby acts like an equal, predictable and calculable system. However, the jury system has questionable actions, unclear purpose and undermines the entire legal system of equality. This paper will demonstrate how the jury system fails and lacks the capacity to judge and indict the accused because of the jurors’ bias and flaws in problem solving.
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.
3) In my opinion, I think the Canadian government should not obligate to intervene in other countries when the rights and freedoms of Canadians are infringed because they cannot interfere in current legal proceedings in other countries unless it is requested to do so by local authorities. The legal procedures may be different from the procedures in the Canadian legal system. If the person is involved in these proceedings, the person may face long delays in the effort to resolve their case. If the person’s international human rights are known to have been violated, the Government of Canada can try to put pressure on the foreign authorities to stand for their international human rights obligations and provide the person some protection.
“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.
Dissimilar to the Majoritarian Model, judicial review is present in Consensus models of government. Its component of judicial review is an essential part of the system in maintaining order and fairness amongst all groups in terms of
(Kugelmann, 250) It should be noted that there is a slight difference in the wording of the English and French versions of the Convention, both of which are equally authentic. Whereas, according to Article 14, "the enjoyment of rights and freedoms [...] must be ensured without distinction of any kind ...", the English text uses the words "without discrimination". (UN Portal) There are distinctions that are not discriminations. The European Court of Human Rights has rightly pointed out that "certain inequalities of law tend to correct de facto inequalities".
The protest led to awareness and acknowledgment of the initial treaties and agreements. To what extent has the federal government affirmed collective rights in the legislation over time? Canada is different than any other country, including the United States, because of our collective rights. The purpose of them is so different groups of people can have an identity. Which overall, would create a diverse society with many identities which people can be a part of.
Multiculturalism is citizens having equal rights and responsibilities, as I can see some ethnic cultures has still obligations that are not equal towards their culture. For examples, women, LGBT’s and other faiths are not giving respect. It takes time and effort to be multiculturalism in Canada because of the various cultures, faith and race. In some way, Canada should work on multiculturalism were everyone should deserve more rights and acceptance for who they
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
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
The 1960 Bill of Rights, by Prime Minister John Diefenbaker, was the previous attempt at introducing basic freedoms and protecting human rights to Canadians. Though the Bill of Rights had federal authority, it was not part of the Constitution and did not apply to provincial legislation. Trudeau’s plan was to include the Charter of Rights and Freedoms into the Constitution in order to make it virtually unchangeable by future governments. The Charter would give the Supreme Court ultimate authority over interpreting the Constitution and its amendments. This was a concern for the provinces as it was another way they felt a loss of control.
A freedom is the right to live your life without interruptions of the government unless actually committed or interfering with someone else’s rights. Legal guilt is mostly focused in the judicial system. It supports the rights guaranteed in sections of the Canadian Charter of Rights and Freedoms. The system’s main focus is ensuring that the accused is treated fairly by not infringing with their rights. Section one states that whoever the accused is being charged with has to be done with a reasonable limit.