The Constitution Act Of 1982 - 1864 Words

The Constitution Act of 1982, or more commonly known as, â€Å"The Charter of Rights and Freedoms,† constitutionally entrenched fundamental civil liberties, which have protected Canadians from both federal and provincial legislative imposition. Since the Charter’s inception, however, Canada’s judiciary has been placed under great criticism and scrutiny due to the fact that the courts were believed to have been given legislative powers that rivaled both the federal and provincial legislatures. Through Judicial Review, the Supreme Court of Canada was given the task to interpret the charter since that wording of the legal document itself was vague enough to warrant interpretation, and hence, gave critics a reason to believe that supreme court justices have been the power to legislate without any political or public recourse. Unfortunately, as a result of these criticisms, various public notions, such as appointed and not duly elected Supreme Court justices with the ability to legislate, became the main focus in questioning whether the supreme court’s institutional functions were legitimate, and in tandem with the principles of a free and democratic society. Given, the misconceptions regarding the Canadian judiciary by both critics and the public alike, the purpose of this research is to investigate the functions, and criticisms surrounding the Canadian judiciary. The result of this investigation will provide a clear and informative argument that, Canada’s judiciary did not seizeShow MoreRelatedThe Canadian Constitution Act Of 19822150 Words   |  9 PagesTrudeau explained that the Constitution Act of 1982’s primary goal was to protect individual rights rather than collective rights. Furthermore, he thought territorially concentrated minorities should not be given special rights. Analyse the linguistic rights and the Aboriginal rights jurisprudence since 1982 and determine if Trudeau’s constitutional objective has materialized. Your answer should be no more than 1500 words. In examining the constitutional jurisprudence since 1982, it can be seen thatRead MoreCanadian Constitution Act of 19822240 Words   |  9 PagesI found myself thinking sociologically when I realized that equality in Canada is less practiced as what the Canadian Constitution Act of 1982 claims. In this constitution, it is stated that every individual should be treated equally regardless of their race, ethnicity, colour, religion, sex, age, and any disability; however, in reality, individuals experience inequality in the form of racism throughout the Canadian society. For instance, a few months ago, a black male was asked to leave the St.Read MoreThe Compact Theory And Its Impact On The Federal And Provincial Relations1426 Words   |  6 Pagesindeed, has been the impact on the federal and provincial relations. Prior to 1867 constitutions, there was not a central or federal government; it was only English and French speaking people in Canada. In other word, the 1867 was basically a n agreement between English and French people in Canada. Provincial rights and federal-provincial relations has also many conflicts which began very early after the 1867 Constitutions. The provincial rights and provincial independents are few conflicts between theRead MorePierre Trudeau Made Canada What it Is Today!764 Words   |  3 Pageseffective prime minister because he created the Constitution Act as well as the Charter of Rights and Freedoms, made the Official Languages Act and decided to use the War Measures Act during the October crisis. These made Canada what it is today because of Pierre Trudeau. Pierre Trudeau made Canada what it is today in a positive manner by creating the Constitutions Act as well as the Charter of Rights and Freedoms. The Constitutions Act started in 1982. The act allowed everyone to have fundamental freedomsRead MoreQuebec: Distinct Society Essay1486 Words   |  6 Pagesunder the Royal Proclamation of 1763. Special provisions were granted to Quebec. The Quebec Act of 1774 allowed Quebec the free exercise of the Roman Catholic religion, including the right of the Church to collect tithes; recognized the seigneurial system; and established that civil suits would be tried under French civil law and criminal cases would be tried under British common law. In Addition the act provided for an appointed legislative council that would include both French- and English-speakingRead MoreBritish Influence in Canadian Government960 Words   |  4 Pagesexpert on the Canadian Constitution, wrote in how Canadians govern themselves: it is necessary to understand tha t our written Constitution, unlike the American, is not a single document. It is a collection of 24 documents: 13 acts of the British Parliament, seven of the Canadian, and four British orders-in-council. Her Majesty Queen Elizabeth II published that booklet in conjunction with the signing of the Canada Act. In addition to providing the Charter of Rights, The Canada Act did several thingsRead MoreThe High Court of Australia1227 Words   |  5 PagesAustralia and can be found in the ACT. The High Court is split into three levels depending on the number of justices and what is being heard; the High Court (1 justice), The Full Court of the High Court (not less than two justices) and the Full Bench of the High Court (5-7 justices). The main role of the High Court is to interpret the Constitution. The Constitution is the most important legal and political document affecting the lives of Australians. The Constitution, founded in 1901, gives the HighRead MoreThe Greatest Pop Star : Pierr e Elliott Trudeau1722 Words   |  7 Pagesmost significant post-war Prime Minister because he unified Canada and reshaped the Canadian identity. He did this by establishing the Official Languages Act, stopped terrorism carried out by the Front de libà ©ration du Quà ©bec and enacted the Charter of Rights and Freedoms, all which are incredibly momentous for Canada. The Official Languages Act gave Canada its bilingual identity. The French Canadians did not wish to share the aspects of English-Canadian life and English Canada aimed to removeRead MoreThe Issue Of Land Rights Essay1226 Words   |  5 PagesArticle was published by The Tyee on the 26th of September 2016. Throughout the interview Curran goes into details about various topics such as why landscapes matter to our water form an ecological perspective to the recently updated Water Sustainability Act and what more can be done in terms of Indigenous Water Rights allocation (Wood). With the help of this article I will be taking a closer look at the cultural ideologies that surround water rights in British Columbia. To understand the nature andRead Moreï » ¿Tensions between the French and English speaking Canadians.1562 Words   |  7 PagesCanadians prove that Canada is an impossible nation. Foreign Policies, such as the Naval Services Bill, the Boer War and Conscription all contribute to why Canada is an impossible nation. Political Issues involving the Constitution Act, 1982, the Referendum Act Two, 1995 and the Clarity Act are three other indicators of why Canada should not remain as one nation. Furthermore, there is the factors of Language and Culture Issues, including Manitoba Schools Question, the Quiet Revolution and Bill 101, 1976