Canadian Constitutional Rights And Freedoms

Essay by EssaySwap ContributorHigh School, 12th grade February 2008

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Question #4: List and Discuss the rights and freedoms Canadians enjoy. What protections are missing our constitution and how could these omissions affect you as an individual? What inclusions would make the ideal constitution.

Canadian Rights and Freedoms: - Guarantee of Rights and Freedoms - Fundamental Freedoms - Democratic Rights - Mobility Rights - Legal Rights - Equality Rights - Official languages of Canada - Minority language education rights - Enforcement - General - Application of Charter Canada's Charter of rights and freedoms is for the most part a thorough document which spesfically outlines the rights and freedoms that citizens of Canada enjoy. Although there are a couple of areas of the Charter which could use some sections which secure the ones which have wholes in them. Section 1 of the Charter is one of these area's because on the surface it is some what misleading in such that it is simply rights are guaranteed in the Constitution but, it is possible for parliament and provincial legislatures.

Another section of the Canadian Charter is section 33, the constitution allows the enactment of bills that operate notwithstanding the charter, which in actual fact means laws that infringe on the rights of individuals may be passed, even though they contravene the spirit and letter of the charter. This basically shows that Canadians rights can be pre-empted by a "notwithstanding" clause. There are only a few additions which I personally would add to the constitution. First of all I would be sure to fix section 91(3) in a manner which would place more limitations on the federal governments nearly unlimited taxation powers. I do not feel as though it is necessary for the federal government to have such capabilties because it designates the ability to 'over spend' which I believe would eventually lead to higher taxes, thus if there were more limits, on their nearly unlimited taxation capability, more caution would be put towards 'smart spending'. I would add a section which would aid the provinces in becoming more 'independent' and not so dependant on Canada's national treasury, this is because of the Federal Governments superior taxation powers. Another area which I believe could use some modifications is the how the Constitution Act of 1867 granted the Canadian Federal Government the power to make laws for "Peace, Order and Good Government" because these very words have been interpreted as residual power for the federal government, which allocates them the power and the potential to govern all of Canada as if it were a unitary state. Another flaw of the Constitution Act of 1867 does not outline to the public the evolvement of federalism and how it presently works, this should really be outlined within the constitution because not so much spesfic details but general outlines so that there are more securities for the public regarding the Parliament of Canada's envolvement and conduct with the constitution.