Over the years, our judicial system has changed quite dramatically. Our Supreme Court has gone from six judges (with two from Quebec) in 1875, to seven judges (1927), to a total of nine judges (with three from Quebec) in 1949 (Smith, 2015, p.130). That is quite a big change on its own. However, the Supreme Court of Canada’s role is one element of the judicial system that has had even more of a considerable development. The transformation of our Supreme Court all started in 1960 when Canada got introduced to the Bill of Rights (Stewart, 2015, Week Four). This lead the Supreme Court of Canada to become a sort-of individual rights guardian (Stewart, 2015, Week Four). Prior to this though, Canada acted in accordance with Britain and dumped the …show more content…
These new developments for Canada’s judicial system exhibited imperfections compared to the American system; specifically, the Bill of Rights (Stewart, 2015, Week Four). With this, our legislation got stronger and Canada shifted towards the American system and became more and more distant from the British system (Stewart, 2015, Week Four). The inclusion of Charter of Rights and Freedoms gave the Supreme Court of Canada more power; the judicial review. It gave the court the capability to both review and override any decisions that were made by the legislation; that is, if the court concludes that the act breaches any provisions in the Charter of Rights and Freedoms (Stewart, 2015, Week Four). This also brought about a provision under the Supreme Court Act that states that the Supreme Court of Canada has the power to declare judgment and instruct both the federal and provincial governments (questions of law and fact) (Remillard, 2006). Overall, in Canada, the role of the Supreme Court has be altered numerous times since 1982 (and a bit before that) in order to make our country the way it is today. In the end, through trying British tradition and American liberalism, Canada eventually found its own approach of managing our judicial
The Canadian Charter of Rights and Freedoms is located in the first part of the Canadian Constitution and came into effect on April 17, 1982. The Charter is a document that outlines a set of constitutional principles that assist in creating a free and democratic country and is the most important of the laws in Canada. Some of the laws include: Fundamental freedoms (e.g. freedom of expression); democratic rights (e.g. the right to vote); mobility rights (e.g. the right to live wherever one choses in Canada); legal rights (e.g. the right to life and security); equality rights; language rights; minority-language educational rights and aboriginal and treaty rights. These laws guarantee the basic values of fairness, respect and tolerance for every
I truly believe that The Supreme Court is currently effective at maintaining and upholding the rights and freedoms of Canadians. I think The Supreme Court is necessary and is vital to our society. The Supreme Court brings justice to not only individuals but considers the needs and betterment of society in the R.v. Jordan case, Irwin Toy Ltd. V. Quebec and Saskatchewan (Human Rights Commission) v. Whatcott.
With many losses to secure a stronghold in the provincial Congress the Patriot cause has been at a disadvantage. The Second Session of the Provincial Congress the petition to re-open the courts passed however it is under British rule. The very first act to not be in favor or help the patriot cause. Opening the courts under British rule will make passing laws and creating a new system more difficult. Americans wanting freedom from the British rule must take even more dangerous actions by way of mobs and a large amount of sacrifice the possibility of sending our men and sons to war to enable the Patriots a victory over his Majesty’s tyrannical ways.
Introduction A constitution provides the fundamental rules and principles that govern a country. It creates many of the institutions and branches of government, and defines their powers. The Canadian constitution is the basis on which Canada was founded on. It is the pillars upon which Canada’s government was built on, as it specifies what our government can and cannot do.
The Canadian political system is based entirely on democracy. As a democracy it has the duty “to protect itself against the forces of dissolution as soon as they [appear]” (Pierre Trudeau 133). Few people would disagree with the government’s decision to invoke the act. Surely because of the apprehension, almost everybody in the nation was feeling during the violent insurrection in Quebec. Resulting from “seven years of terrorist assaults in Montreal and Ottawa” (130) in which “resulted in six deaths” (Eric Kierans 181).
1. Aboriginals peoples should have their own court system because there would be no bias or over generalized stereotyping to skew decisions or sentencing. Aboriginals are overrepresented in our Canadian Court System. Alcoholism and crime go hand in hand. Alcoholism in Aboriginals unfortunately is a common problem because of colonization and social upheaval.
This draft is commonly referred to as the Victorian Charter and guaranteed and language rights to all ten provinces however, Saskatchewan and Quebec were not satisfied and asked for the document to be amended. Despite their obligations, Trudeau was intent constitutionally entrenching the charter of rights. With the Quebec referendum of 1980, Trudeau was able to introduce a resolution in parliament on October of 1980 which included a proposal for the charter of right which furthered the controversy. Government officials were concerned that this draft transferred undue power from elected politicians and into the hands of unelected and unaccountable judges as well as offering a limited protection of individual rights. Which eventually led to the incorporation of the notwithstanding clause within the charter, which ultimately allows the federal government or a provincial legislature to enact legislation to override several sections of the Charter that deal with fundamental freedoms, legal rights and equality rights.
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.
Canada 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.
So, the Supreme Court whose missions and its neutrality are ensured by the Queen play a major role in providing the balance within Canadian politics. The Queen also is the chief commander of the Canadian forces, and it assumes different other functions as the head of the state. While assuming all these responsibilities, the Queen does not and never receive any financial rewards for her work. The Queen does not own any properties in Canada that need to be maintained and guarded. So, the British Patriation in Canada does not cost anything, and even the visits of the Queen to Canada are just as costly as the visits of any other head of state to Canada (Salter & Hebert,
7)"The Judicial Committee of the Privy Council Decisions." Henrietta Muir Edwards and others (Appeal No. 121 of 1928) v The Attorney General of Canada (Canada) [1929] UKPC 86 (18 October 1929). Accessed May 25, 2017.
This has now turned into what we know as the Canadian Charter of Rights and Freedoms. Lastly, Tommy Douglas, although never a Prime Minister, he did bring lots of important changes. Inspired by what one doctor did for him as a child, he set out to make health care free for all Canadians and eventually, in 1966, succeeded. He also brought the start of social plans, pension plans, and two weeks of paid time off.
Before, 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
William Lyon Mackenzie King, a man of glory, forever changed Canada’s constitution during the tumultuous nineteenth century and resolved all difficulties Canada faced on its way to becoming a strong, independent, and autonomous nation. His contributions and sanctions targeted all factors at the time and had interrelated effects on the construction of Canada. Unlike other Canadian politicians, King handled every crisis with thorough planning and achieved promising outcomes from unsolvable problems. It is without a doubt that King was the most influential figure in Canada’s development. His role in the autonomy, economic development, and social stability stands as solid evidence of the pioneering impacts he had on Canada’s advancement.
Before 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.