Thursday, November 29, 2012

History of the Canadian Charter or Rights and Freedoms

The Canadian Charter of Rights and Freedoms ( too known as The Charter of Rights and Freedoms or simply the Charter) is a bill of rights entrenched in the governing body of Canada. It forms the first part of the Constitution Act, 1982. The Charter guarantees certain governmental and civil rights of people in Canada from the policies and actions of all levels of government. It is designed to fuse Canadians around a set of principles that embody those rights. The Charter was preceded by the Canadian Bill of Rights, which was enacted in 1960. However, the Bill of Rights was only a federal statute, rather than a constitutional document. As a federal statute, it was limited in scope, was easily amendable by Parliament, and it had no application to provincial laws. The Supreme Court of Canada also narrowly interpreted the Bill of Rights and the Court was reluctant to book laws inoperative.[1] The relative ineffectiveness of the Canadian Bill of Rights motivated numerous to improve rights protections in Canada. The movement for human rights and freedoms that emerged after domain of a function War II also wanted to entrench the principles enunciated in the Universal Declaration of Human Rights.
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[2] The British Parliament officially enacted the Charter as a part of the Canada Act 1982 at the request of the Parliament of Canada in 1982, the result of the efforts of the Government of crown Minister Pierre Trudeau. One of the most notable do of the adoption of the Charter was to greatly expand the scope of discriminative review, because the Charter is more explicit with respect to the guarantee of rights and the single-valued function of judges in enforcing them than was the Bill of Rights. The courts, when confronted with violations of Charter rights, have taken with(p) down unconstitutional federal and provincial statutes and regulations or move of statutes and regulations, as they did when Canadian case law was primarily interested with resolving issues of federalism. However, the Charter granted new powers to the... If you want to buy the farm a full essay, order it on our website: Orderessay

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