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  • Essay / The Canadian Charter of Rights and Freedoms - 2464

    The Canadian Charter of Rights and Freedoms was proclaimed by Queen Elizabeth II on April 17, 1982. Often called the Charter, it affirms the rights and freedoms of Canadians in the Constitution of Canada. The Charter encompasses fundamental freedoms, democratic rights, mobility rights, legal rights, linguistic rights and equality rights. The primary function of the Charter is to act as a regulatory check between the federal, provincial and territorial governments and the Canadian public. Successor to the Canadian Bill of Rights which was a federal law, amendable by Parliament, the Charter is a more detailed and explicit constitutional document which empowered the judiciary to make regulations and laws of the federal and provincial levels of government unconstitutional. Although the rights and freedoms of Canadians are guaranteed, sections one and seven of the Charter allow the federal and provincial governments to limit the rights and freedoms enjoyed by Canadians. Section 1 of the Charter entitled “Rights and Freedoms in Canada” states that “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out therein subject only to reasonable limits prescribed by law and for which justification may be provided. demonstrated in a free and democratic context. society." This section is frequently referred to and better known as the reasonable limits clause. The second section limiting the rights and freedoms of the Charter, known as the "notwithstanding clause", is section thirty-three entitled “Exception in which an express declaration” states (1) that Parliament or the legislature of a province may expressly declare in an act of Parliament or of the legislature, as the case may be, that the law or a provision thereof shall. ..... middle of paper ......tion to override the rights and freedoms of individuals who abuse the system.The federal government and the real capacity of the provincial government to impose limits on the rights and freedoms enjoyed by citizens of this great nation is an absolute necessity. The limits authorized by the "reasonable limits clause", the "notwithstanding clause" and the need for increased powers in extreme circumstances demonstrate society's inherent need for limits to prevent disorder and chaos. If governments were unable to exercise restraint, chaos and anarchy would reign. However, it is equally important to ensure that limitations do not unreasonably infringe on the rights and freedoms of Canadians. If governments began to continually and unreasonably violate rights and freedoms, Canadians would become a communist state like North Korea..