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Parliamentary Supremacy vs. Charter of Rights The Canadian Charter of Rights and Freedoms is certainly one of the most important documents in Canadian history, as well as one of the most interesting components of the Canadian Constitution. The Charter of Rights is an add on to the Constitution that limits parliamentary supremacy, it is intended to constrain every level of government in order to make it function with regard to the needs of Canadians. The Canadian Charter of Rights and Freedoms has tremendously changed the Canadian political system, it has ensured that no persons rights are infringed without proper justification. As already mentioned, the Charter of Rights and Freedom represents a substantial limitation to the parliamentary supremacy principle, and within the course of this report we will closely analyze how it is able to do so. According to the Charter of Rights and Freedoms, every individual citizen that lives in Canada has certain inalienable rights and freedoms that are not to be violated by any government entity as well as any individual.
These freedoms are set out in the Charter to ensure that Canadians are free to create and to express their ideas, gather to discuss them and communicate them widely to other people. (Minister of Public Works and Government Services Canada, p. 6) Although Canadians enjoy these fundamental freedoms they are not absolute, they are often qualified or limited to protect the rights of others. (Minister of Supply and Services Canada, p. 5) No individual citizen has the rights to infringe on the rights of other citizens. Although the concept seems simple enough, it has triggered a heated debate within the last decade. The question arises what is more important: individual rights or collective rights? There is no easy answer to this question, but the Charter makes an attempt to reconcile this debate by making everyone under its jurisdiction equal under the eyes of the law. By making everyone equal the Charter has basically released the tension between different classes. Theoretically speaking, no-one province has more power than another; there is an attempt on the behalf of the charter to solve disputes among provinces.
Treating all the same regardless of wealth and status is a fundamental ingredient for national unity. The Democratic rights stated in the Charter of rights and Freedoms guarantee that Canadians have a free democratic government. The Charter allows all citizens the right to be involved in an election of their government. It gives them the right to vote in Federal, Provincial or Territorial elections, along with the right to run for public office themselves. (Minister of Public Works and Government Services Canada, p. 6) The Charter is said to serve as a check between the people and the government, and that is why it limits the parliamentary supremacy to such a great extent.
It gives accountability to the government for their actions. If the government does something that Canadian people as a whole find undemocratic, they have the right to take the government to the Supreme Court. Therefore in a sense the Charter enhances freedoms and secures liberty. (Bryden, p. 39) The Charter of Rights and Freedoms is aimed at maintaining equality among all individuals. It ensures that those that have power act in the best possible manner in order to maintain orderly and peaceful society.
The Charter provides a general framework for legal enforcement. (Minister of Supply and Services Canada, p. 5) There are strict steps that must be taken prior and during any legal proceeding. If even one step is overlooked, then the proceeding may be deemed unconstitutional. It has often been said that the Charter gives those who come under police surveillance or are charged with a criminal offence an extra line of defense. (Bryden, p. 39) In a broad sense this statement can be justified, but we must not forget that the police themselves must be policed. Without the Charter there would be no real method of investigating those who would normally be investigating regular citizens.
The Charter makes it relatively clear that every individual in Canada is considered equal in all rights, regardless of race, religion, color, national or ethnic origin, sex, age or mental disability. (Canadian Council on Social Development, p. 12) Simply put no one person or group of people may be discriminated against. Not only does the Charter prevent discrimination but it also gives special rights that favor those who are disadvantaged in some way or another. It has bee argued that by favoring those that are disadvantaged the government itself is acting in a discriminatory manor. There are two viewpoints on this subject; first the government is discriminating against the rest of society by giving special privileges to certain individuals. The second viewpoint follows the same train of thought as the first just that it takes into consideration that if the government did not help these people no one would. Since Canada was founded by both the French and the British it only makes sense that it would have two official languages.
The charter affirms that both the French and English languages are spoken in all federal institutions. Every citizen has the right to walk into any Federal building and be spoken to in both French and English. Furthermore all Federal documents must be printed in both French and English. Every one has the right to use both French and English in any court established by Parliament. (Minister of Public Works and Government Services Canada, p. 13) By maintaining both French and English as the two official languages the Charter is making an attempt in reconciling the differences between Quebec and the rest of Canada.
Everyone in Canada has the right to be educated in either of the two official languages. If the parent of a child wishes to educate his / her child in French, he / she must be accommodated. By making both French and English accessible to all, the bridges of communication have been drastically reduced. If an individual feels that his / her right have been violated in any manor they have the right to go to court and ask for an immediate remedy. It is up to the individual to demonstrate that his / her rights have been violated. If the court decides in favor of the citizen then it is up to the government to demonstrate that the violation of his / her rights is justified. (Hiebert p. 31) The Constitution recognizes the rights of the Aboriginal people.
This recognition is to protect their culture, customs and traditions. Section 25 of the Charter makes it clear that no part of the Charter is to interfere with the rights of the Native People. (Minister of Public Works and Government Services Canada, p. 15 - 16) The Charter of Rights and Freedoms is applicable only to governments, it is not applicable to private individuals and other business organizations. The charter is simply a method of resolving disputes between the people and the government, and thus it is completely opposite to the principle of parliamentary supremacy. (Hiebert pg. 36) Although the Charter of Rights and Freedoms advocates the protection of rights, it also advocates the infringement of others. If an individual is involved in activities that can be viewed as hurtful to others the government has the right to prevent that individual from continuing his / her actions. An example would be hate literature, you have the right to read and write what you please, so long as it does not interfere with the right of others.
The Charter has had a tremendous impact on Canadian political system. The government can not make a move without being closely monitored. This has led to many changes in the public policy. The Charter's impact on civic consciousness is probably more significant than any of its more direct effects on public policy. (Bryden, p 34) The Charter has managed to unite the country, and to make everyone the same. The Charter has removed the animosity that once existed between different people, making Canada a strong united country, and limiting substantially the principle of parliamentary supremacy.
The purpose of the Charter is to acknowledge the personal freedoms of a Canadian citizen, as said in Section 1. The Charter of Rights and Freedoms guarantees that any person living in Canada can live without persecution. Any law that contradicts the freedoms stated can be challenged in the Supreme Court of Canada. Although the Charter gives Canadians guaranteed freedoms, it is important to remember that there are reasonable limits to every freedom. Words Count: 1, 398. Bibliography: 1.
Bryden, P. , Davis, S. , Russell, J. Protecting Rights & Freedoms. Toronto: University of Toronto Press, 1994. 2. Canadian Council on Social Development.
A Guide to the Charter. Ottawa: Canadian Council on Social Development, 1988. 3. Hiebert, J. Limiting Rights. London: McGill-Queen's University Press, 1996. 4. Minister of Public Works and Government Services Canada.
Your Guide to The Canadian Charter Of Rights and Freedoms. Ottawa: Minister of Public Works and Government Services Canada, 1997. 5. Minister of Supply and Services Canada. The Charter of Rights and Freedoms. Ottawa: Minister of Supply and Services Canada, 1987.
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Research essay sample on Parliamentary Supremacy Vs Charter Of Rights
