ipl-logo

Pros And Cons Of The Charter Of Rights And Freedoms

1139 Words5 Pages

There are two key aspects in which the Charter increases equality in a society; giving the oppressed and marginalized a voice and confining the elite's agency over the population. This essay will be examining the extent to which the Charter succeeds in fulfilling these aspects, and ultimately if the charter has balanced power throughout different socio-economic classes in Canada. Having said that, the creation of the Charter of Rights and Freedoms offers to some degree protection of marginalized individuals. Although, only to an extent and this essay will clearly outline these limitations. In addition, this essay will also explore how the Charter forces affirmative action even in controversial contexts. Normally in these contexts, politicians …show more content…

Thus, with such complexity, there can be no simple legislation that could amend the generations of damage done. The diverse range problems include racism, poverty, homelessness, prostitution, addictions, corruption, and forced assimilation. In continuing off of the forced assimilation of aboriginals into western society, they made to surrender their form of governance. Although the Charter includes aboriginal self-government, there have been skeptics against its effectiveness. It has been claimed that the Charter does not apply to all forms of aboriginal self-government because of its vague characteristics, "The Aboriginal peoples have the inherent right of self-government within Canada, however, the Charter does not apply to immediate governments of Aboriginal people." (McNeil 64). As result, "… this contentious issue has been thrown back into the legal and political arenas, where it now must be addressed." (McNeil 62). Admittedly court cases are lengthy and expensive, however, it is the most advantageous answer at this point in time. Then further along in McNeil's argument presented in "Aboriginal Government and the Canadian Charter of Rights and Freedoms", he asserts that the ratification of The Charlottetown Accord would have solved this contingency. The author fails to acknowledge the fact that the accord failed because of the difficulty to pass constitutional amendments. Specifically, throughout history constitutional amendments are very difficult to legitimize. For this reason, having a vague Charter that is interpreted by courts is the most feasible option. In summary, the Charter has not solved the many problems suffered by the aboriginal community to the extent that many have hoped for. However, it has progressed a long way, and more importantly, it has initiated a movement full of potential. Though there has been an improvement, it is

Show More
Related

  • Why Is Eddie Mabo Important

    938 Words  | 4 Pages

    The government eventually passed the native title in which stated that the laws and regulation for the courts follows in future claims. This had all happened in 1993. Many non- indigenous people did not understand why Mabo had put so much effort into all this when it was just land. They did not realize the issue that Mabo was stating, butF why would the non-indigenous people see a problem.

    Read More

  • Research Paper On The Williams Treaty Of 1923

    935 Words  | 4 Pages

    The Indigenous groups involved in previous treaties found that the government of Canada and Ontario were not living up to their promises and that settlers were encroaching on non-negotiated land in their northern hunting territories. The government then assigned a commission in 1923 that was comprised of Sinclair, McFadden and Williams (Hall, 2011). The treaties were then negotiated as people had already settled on the territory of the eight communities of Indigenous people that were involved. The Williams treaties were comprised of two separate treaties each looking at different land masses, the one directly related to our geographical location being the second signed between the commission and the Mississauga communities, this land stretched from lake Simcoe to the shore of Lake Ontario. The Williams treaty also included the land that was originally within the gunshot treaty, but unfortunately did not include the Mississaugas of New Credit First Nation whose ancestors who were a part of the original treaty.

    Read More

  • Analysis Of Verna St. Denis Article On Aboriginal Injustice

    1393 Words  | 6 Pages

    Denis, 2011, p. 306-307). To further explain her thesis, she claims that multiculturalism is used by the government of Canada as a method of colonizing Aboriginal people and diverting the issue of recognition and retribution for the Aboriginal people (St. Denis, 2011). St. Denis proposed at a provincial social science curriculum discussion that Aboriginal studies should be considered a separate course in the Canadian curriculum as opposed to being combined with social studies and history (St. Denis, 2011). The suggestion that was made was interjected by the comment, “Aboriginal people are not the only people here” (St. Denis, 2011, p.306). Although the comment may hold truth, the author uses that remark to further provide evidence that multiculturalism is used as a form of colonialism (St. Denis,

    Read More

  • Similarities Between Charter Rights And Quebec's Need For A Distinct Culture

    496 Words  | 2 Pages

    The reformed constitution is organized around three principles that oppose the recognition of Quebec as a distinct society (textbook Pp.457). The first principle indicates that the equality of all Canadians citizens, second indicates the equality of all cultures and cultural origins in Canada and third the equality of the 10 provinces of

    Read More

  • How Did Pierre Trudeau Shaped Canada

    998 Words  | 4 Pages

    Pierre Elliott Trudeau is a significant person in the history of my theme, Canadian politics in relation to the legal system. As the 15th Prime Minister of Canada, he played a huge role in shaping Canada through his political career by upholding a philosophy of Canada united as one through a strong federal government. In the wake of the 1980 referendum win, Trudeau immediately wanted to fulfill the constitutional promise that he made during his campaign. It was he who had the vision of patriating the Constitution, and for the following 18 months this would become his top priority. Being the most reluctant to include an entrenched Canadian Charter of Rights and Freedoms in the Constitution, he immediately formed a commission to get ideas from

    Read More

  • Advantages And Disadvantages Of Section 33 Of The Charter Of Rights And Freedoms

    404 Words  | 2 Pages

    The section 33(notwithstanding clause) of the Charter of Rights and Freedoms is advantageous because it offers governments a just and reasonable tool to protect the rights of Canadians. Where notwithstanding clauses it allows people to continue to follow their identity and/or culture without the government’s restrictions. As section 33 allows the federal and provincial government to override some rules within the charter of rights. Section 33 has been used only a couple of times in Canadian history. Section 33 of the Chart of Rights and Freedoms is just and reasonable tool to protect the rights of Canadians because the government can exempt law for five years, protect or revive laws that violate specific charter provisions and lastly Firstly,

    Read More

  • How Did The Indian Act Affect Canada

    876 Words  | 4 Pages

    For the white paper, Pierre Trudeau’s idea was to: “... assimilate Aboriginal peoples into Canadian society, thereby eliminating any special status and treatment they received up to that point” (Henderson). Assimilating people into the Canadian culture prevents the child from seeing their traditions, and listening to their language. Their identity eventually disappears and they are now used to the Canadian lifestyle. The 1951 amendments is also another part of the Act. Although, the Indian Act was revised and that the Indigenous people were now allowed to practise their traditions, they still were not allowed to do some other things.

    Read More

  • Pros And Cons Of Charter Of Rights And Freedom

    834 Words  | 4 Pages

    The positive effect that brought by the charter of right and freedom During the October crisis the privacy and properties were invaded by the government severely. The rights of the residents were ignored. But thanks to the Charter of Right and Freedom the government can do it no more. The charter stated specific list of residential rights which created positive effects on protecting civilian’s right in Canada The Charter of Right and Freedom protected and promoted the right if the civilians of Canada. The first section of the Charter of Right and Freedom stated “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified

    Read More

  • Reflection On Canadian Charter Of Rights And Freedoms

    991 Words  | 4 Pages

    Civic Reflection Issue 1- Change in Point of View The Canadian Charter of Rights and Freedoms is a bill of rights which outlines and protects the basic rights and fundamental freedoms that all Canadians have. These include the fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, language rights, and Aboriginal and treaty rights. The Canadian Charter of Rights is extremely important to the citizens of Canada as it has given important meaning to the protection of our rights. It makes sure that minorities and vulnerable groups are protected through equality rights.

    Read More

  • The Pros And Cons Of Ratifying The Constitution

    764 Words  | 4 Pages

    “The American Dream comes from opportunity. The opportunity comes from our founding principles, our core values that's held together and protected by the Constitution. Those ideas are neither Republican, Democrat, conservative, liberal, white, or black. Those are American ideologies”. This quote by Ted Yoho asserts the importance of the United States Constitution in establishing our beliefs.

    Read More

  • Pierre Trudeau Federalism

    1515 Words  | 7 Pages

    In the essay, “Federalism, Nationalism, and Reason”, Pierre Trudeau addresses the history and origins of self-determination and nationalism and its central role in federal statehood, he then discusses the interactions of federalism and nationalism in a Canadian context. Trudeau posits major arguments that will be assessed in this review. First, he postures that that the federal state is driven by self-determination and nationalism, which ultimately makes it unstable due to its foundation in emotionalism rather than reason. Second, Trudeau outlines the historical factors that resulted in the separatist narrative in Quebec and claims that Canadian nationalism cannot combat Quebec’s regional nationalism. Trudeau begins the essay with a historical

    Read More

  • Rights Of Canadian Immigrants Essay

    719 Words  | 3 Pages

    The improvement of the rights of the Canadian Immigrants Canada, as one of the biggest immigration countries, welcomes people from all over the the world and forms a representative multicultural atmosphere in today’s society. Over these few decays, the country has always been consummating the laws to provide immigrants equal rights and freedoms, and better treatments they could receive. However, Canadian immigration laws were not unprejudiced and it eventually caused a “legal discrimination” before 1976. The legal rights of the immigrant groups have improved significantly because of the demands of developing the country, the influences of the wars, and the globalization of the world. Since 1880s, more immigrants and foreigners came to Canada because of the railway construction project.

    Read More

  • The Benefits Of The Canadian Charter Of Rights And Freedoms

    1219 Words  | 5 Pages

    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.

    Read More

  • First Nations Perspectives Case Study

    552 Words  | 3 Pages

    Critical Summary #3: First Nations Perspectives In Chapter eight of Byron Williston’s Environmental Ethics for Canadians First Nation’s perspectives are explored. The case study titled “Language, Land and the Residential Schools” begins by speaking of a public apology from former Canadian Prime Minister Stephen Harper. He apologizes for the treatment of “Indians” in “Indian Residential Schools”. He highlights the initial agenda of these schools as he says that the “school system [was] to remove and isolate [Aboriginal] children from the influence of their homes, families, traditions and cultures, and to assimilate them[…]” (Williston 244).

    Read More

  • The Pros And Cons Of The US Constitution

    1387 Words  | 6 Pages

    The Constitution, signed on September 17th, 1787, is a document that formulated the government, and gave basic rights to all U.S citizens. The U.S. Constitution is the solid foundation upon which this nation was built. It is a document that can be altered and among the first changes is a list of the rights of the people. This important document gives many rights to both citizens and noncitizens living in the United States. However, some rights are only for citizens.

    Read More

More about Pros And Cons Of The Charter Of Rights And Freedoms

Open Document