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Defining Moment in Canadian History Essay Assignment (Essay Sample)
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Defining Moment in Canadian History
Defining Moment in Canadian History
The 1982 Canadian Charter of Rights and Freedoms helped in establishing an official and social insurgency in the country besides escalating the civil rights of minority groups and advancing the resolve of the administration to judicial examination .This part of the constitution sought to assure persons civil rights by protecting the autonomy and restrictions on them. Prior to the ratification of the charter, human rights and freedoms were defined by different laws though not even a single law made part of the constitution. By extension, the laws of longevity and supremacy, which the requisite charter holds. In addition, the existing bill of rights only applied to the federal laws and did not cover provincial laws.
The government under Pierre Trudeau’s administration started the patriation process of the nation’s constitution in 1980s .This process also involved including the Charter of Rights and Freedoms within the constitution. A number of disquiets regarding the Charter were raised at the time among them its capacity to grant the judiciary excess power in connection to its analysis and the manner in which it would be revised once it was enshrined in the constitution .In addition, there were also concerns amid provincial leaders in regard to the ability of the charter to put limits to the rights of provinces in connection to drafting independent laws. In the long run, a concession was arrived at with a number of provinces supporting the Charter on the proviso that provincial legislature could exempt their laws from various parts of the Charter .While there were challenges in enacting the Charter; it helped protect citizens from the state and to protect minority groups against the majorities who held political power.
Despite the fact that the Charter’s impact is broad, it helped revolutionize various facets of the lives of Canadians, including but not limited to the work of the law enforcement officers. More specifically, it reinforced the civil liberties of defendants and tightened the rules governing surveillance. Notably however, this augmented impediments and running cost of criminal justice. Nevertheless, it helped empower the citizens against coercion or privacy invasion by the government by providing personal liberties in matters such as those surrounding abortion.
Section 15 of the Charter provided an antidiscrimination clause which would eventually change the legal landscape for minority groups including LGBT. This clause banned discrimination on the basis of various aspects including sexual orientation, race, gender and ethnicity. In essence, the clause paves way for the legalization of same sex-marriage which was made in 2005. The clause also created a way for the development of language training rights for minority groups which gave rise to a new generation that would later be educated in different languages.
In conclusion, the Charter transformed the social and political landscape of the country particularly in regard to minority groups. The Charter facilitated the balancing of opposing legal interests thereby establishing a diverse, contemporary society in which citizens are protected from the nation and where minority groups enjoy the same rights as those enjoyed by the majorities. Further, the Charter protects citizens especially those who hail from minority groups from any form of discrimination. More importantly, the Charter encourages dialogue between the judicially and the legislature a practice that is essential in any democratic society. For once, minorities were allowed to be educated in other languages including but not limited to French. In essence, the Charter paved way for rights and freedoms, which were otherwise not included ...
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