Wednesday, January 1, 2020
The Constitutional Law Of The Canadian Charter Of Rights
1. Constitutional Law: The constitutional law defined in the textbook is ââ¬Å"all laws in Canada that come into force in a dispute between a private person and a branch of government ( whether legislative, executive, or administrative) fall under the constitution.The constitution has precedence over all of the other legal means.â⬠Unless the actual recruitment and selection practices are challenged in a Human Rights Tribunal or court, there is no actual direct effect on recruitment and selection as stated in the text. This means that the Canadian Human Rights Act states that all Canadians have the right to equality, equal opportunity, fair treatment, and an environment free of discrimination. However, if any of these were to be brought up it would be brought up in a Human Rights Tribunal, which is similar to court just not as formal. Section 15 of the Canadian Charter of Rights and Freedoms states that ââ¬Å" every individual is equal before and under the law and has the right t o equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age and mental or physical disabilityâ⬠. It is important when recruiting for any workplace you are not discriminating in recruitment and selection process in any way. 2. Human Rights Legislation: This legislation forbids discrimination in both employment and the ââ¬Å"provision of goods and servicesâ⬠across Canada. Section 8 of theShow MoreRelated Comparison of US Bill of Rights and The Canadian Charter of Rights1405 Words à |à 6 PagesBILL OF RIGHTS The United States Bill of Rights came into being as a result of a promise made by the Fathers of Confederation to the states during the struggle for ratification of the Constitution in 1787-88. A great number of the states made as a condition for their ratification, the addition of amendments, which would guarantee citizens protection of their rights against the central government. Thus, we have a rather interesting situation in which the entrenchment of a bill of rights in the AmericanRead MoreAn Ounce Of Cure For A Pound Of Preventive Detention : Security Certificates1276 Words à |à 6 PagesPreventive Detention: Security Certificates,â⬠published in Queenââ¬â¢s Law Journal in 2008, discusses the paradigm shift in Canadian foreign policy as it pertains to terrorism through a cogent discussion of Canadaââ¬â¢s Immigration and Refugee Protection Act (IRPA). The IRPA authorizes the government to detained suspected terrorists amidst deportation proceedings. However, the Su preme Court of Canada rendered a decision that the Charter was provisionally violated by certain provisions of the Act, whichRead MoreEssay on The Canadian Charter of Rights and Freedoms1628 Words à |à 7 PagesThe Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, ââ¬Å"With the entrenchment of the Charter into the Canadian Constitution, Canadians were not only given an explicit definition of their rights, but the courts were empowered to rule on the constitutionality of government legislationâ⬠(101). Prior to 1982, Canadaââ¬â¢s central constitutional document was the British North America Act of 1867. According to Kallen, ââ¬Å"TheRead MoreAnalysis Of Atif Rafay And Sebastian Burns1253 Words à |à 6 Pagesput behind American bars in 2003. Perhaps recognized as one of the most controversial yet defining cases in the history of Canadian law, United States vs. Burns, is noted for its i ntriguing story, its subsequent battle over extradition and its controversial use of evidence. Essentially, from a Canadian perspective, this benchmark case challenged the fundamental rights of Canadians embedded deep within our Constitution, and set a distinct precedent in handling extraditions. The brutal slayings ofRead MoreThe Canadian Charter Of Rights And Freedoms840 Words à |à 4 PagesThe Canadian Charter of Rights and Freedoms is an important milestone in Canadian history. An effort through rigorous debate and compromise gave birth to this document that defines our collective values and principles by guaranteeing and protecting the fundamental rights of its citizens. Prior to the Charter, there was no gurantee in Canada that rights and freedoms would not be taken away by legislation. The Charter also allows courts to render the constitutional duty so that any decisions made areRead MoreThe Canadian Charter Of Rights And Freedoms1617 Words à |à 7 Pages Since its inception in 1982 the Canadian Charter of Rights and Freedoms, very much like its primary architect Pierre Trudeau, has been one of the most celebrated yet controversial elements of Canadian politics and governance. Revealing how this dynamic emerged requires a nuanced understanding of the motivati on behind the Charter and the techniques it employed to succeed. The Canadian Charter of Rights and Freedoms, like the entire patriation process, was motivated by and mobilized support throughRead MoreIs The Canadian Charter Of Rights And Freedoms Perfect?1276 Words à |à 6 PagesIs the Canadian Charter of Rights and Freedoms Perfect? Introduction The Canadian Charter of Rights and Freedoms is without a doubt one of Canadaââ¬â¢s most important section entrenched in the Canadian Constitution. The Charter of Rights and Freedoms is a bill of rights enacted into the Canadian Constitution as part of the Canada Act in 1982. However, the Charter was Canadaââ¬â¢s second attempt to protect the rights and freedoms of its citizens all throughout the country and on every level of governmentRead MoreThe Inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms1299 Words à |à 6 PagesThe Inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms The inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms was an invaluable contribution in the evolution of the liberal democratic state. Not an endpoint, to be sure, but a significant progression in the rights protection dynamic. 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Many view it as a feature that disregards the fundamental right to democracy, an integral part of Canadaââ¬â¢s political system. A functioning democracy is an important factor in providing citizens with the utmost rights and freedoms deserved. Societyââ¬â¢s full potential is not being achieved if there are individuals who believe their principle of democracy
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