The Canadian Charter Of Rights And Freedoms - 1531 Words

Basing the Basics on a Belief in Something Bigger The Canadian Charter of Rights and Freedoms, implemented in 1982 outlines the rights and freedoms that Canadians have as citizens of this country. In this paper I will ask whether we need such a charter, whether we can trust the interpretation of the Charter by the Supreme Court and how the Charter balances power in a democratic way. I will then contemplate the foundational place morality holds in the lawmaking process. In all of this I argue that to make a good law one must hold to a moral standard and one must act in the understanding that belief, and not objectivity, plays the main role in rational thought. Section 1, the ‘reasonable limits’ clause, of our Charter makes the whole†¦show more content†¦The Supreme Court is made up of legal experts, not moral experts. In order to properly answer a philosophical question, one must transcend self and go to a place of objective reasoning. But, objective reasoning is not possible. No matter how hard one tries to escape the biases of the mind, personal experiences and societal conditioning will always play a part in answering the questions. I find fault in the analogy of society as a man named Peter who is either drunk or sober. The flaw is that Peter can be one of only two things - he must be either entirely drunk, or entirely sober. I propose that Peter is not limited to these two states, but rather he is constantly sipping at the bottle of bias. Peter might get to a state where he is entirely intoxicated (Peter drunk), but he will never blow a 0.0 on the breathalyzer of objectivity. Society is never completely sober and a Supreme Court justice can never entirely remove bias from a decision. I have proposed in these first paragraphs that there are problems with having judges at the head of the legal and moral trajectory of our nation, but surely I am not the first to propose such a thing. The Canadian Charter of Rights and Freedoms addresses t his issue by having the threat of a legislature disregarding the Supreme Court. Sections 1 and 33 give parliament just such authority. At the beginning of this essay I made the statement that putting our rights under reasonable limitsShow MoreRelatedThe Canadian Charter Of Rights And Freedoms1617 Words   |  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 motivation 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 MoreThe Canadian Charter Of Rights And Freedoms1613 Words   |  7 Pages The Canadian Charter of Rights and Freedoms simply referred to as the â€Å"Charter†, is a significant document in regards to the Canadian constitution. Its primary aim is to uphold individual rights and freedoms and promote equality in administering justice. However, its passage in 1982 has led to increased controversies given that the Charter gives courts more power in interpreting its provisions while sidelining the legislature (Boyd 118). This means that the advent of this Charter was the end ofRead MoreThe Canadian Charter Of Rights And Freedoms840 Words   |  4 PagesThe Canadian Charter of Rights and Freedoms is an important milestone in Canadian history. 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A fair trial is an intrinsic right of all members of society making it fundamental to our being, and is ergo ensured to us all under s.11 of the Canadian Charter of Rights Freedoms. Provided with other preemptive measures to guarantee justice is achieved in the criminal trial proceedings. Additionally, the courts help facilitate an understanding of theRead MoreThe Canadian Charter Of Right And Freedom1225 Words   |  5 Pagescriminal and family justice system has become very complicated, slow and extremely expensive for majority of Canadians. These issues are particularly glaring to low income earners, people with disabilities and other minorities. Canadian justice system have become incapable of providing solutions that can addressing problems brought to it. With the creation of the Canadian charter of right and freedom, access to justice became more of an equality issue. 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