The Effect of the Charter of Rights on Canadian Federalism
- Introduction
The conservative comprehension of judicial review does go as per the expectations of the Canadian experience, and thus a disagreement is documented on the first part of the 1982 Constitution Act. The judicial review has been defined as a decentralized institution tasked with the checking and blocking functions. The Canadian Charter of Rights and Freedoms documents the bill of rights that was integrated into the constitution in 1982.
- The Development of the Charter of Rights
The year 1960 marks the year when the Bill of Rights of Canada was made into law. The government was able to facilitate the process of change because the bill was already in the constitution. However, the Bill of Rights was failing on the mandate to protect the interests of the citizens. The bill protected several rights, as mentioned in the Canadian Constitution.
- The Application and Limitations of the Charter
The Charter has stipulated its application procedure in the last ten sections. The parliament has been assigned the responsibilities of making laws and protecting the charter. However, the Charter is not free from limitations. Some sections of the Charter are faulty and leaving gaps.
- The role of Courts and the Political Purpose on the Charter
The courts became more involved and influential owing to the introduction of the Charter. The application of the Charter has on several occasions, relied on the courts for interpretations and definitions. On the other hand, the political impact of the Charter has been felt across the nation with the people’s level of freedoms being stipulated in the Charter.
- Effect of the Charter
The criminal law has appeared to be one of the highest beneficiaries of the Charter. A legal and social revolution has accompanied the Charter. The Judicial Activism debate can be entirely attributed to the establishment of the Charter.
- Conclusion
The dominance of the Charter within the federal and provincial governments of Canada is not an issue of contention. The Charter has protected the rights and freedoms of the Canadian Citizens.
Works Cited
Article by Patricia Paradis and Tasneem Karbanion May 9 2017,The Significance of the Charter in Canadian Legal History.
Patricia and Karbanion’s article is significant in this paper because it explains the significance of the Charter in the legal history of Canada. The discussion concerning the Charter requires a better understanding of the significance of the Charter.
Foot, R., Canadian Charter of Rights and Freedoms (2018). In The Canadian Encyclopedia..
The article indentifies several attempts that were done in a bid to change the law but failed. Also, the article gives some reasons for the failure of the various attempts.
Lucas, J., &Vipond, R. (2017). Back to the Future: Historical Political Science and the Promise of Canadian Political Development. Canadian Journal of Political Science/Revue canadienne de science politique, 50(1), 219-241.
The political history of Canada is wide and requires a better understanding as far as the Charter is concerned. The article is therefore useful in ensuring that the history is well documented.
Morton, F. L. (1987). The political impact of the Canadian Charter of Rights and Freedoms. Canadian Journal of Political Science/Revue canadienne de science politique, 20(1), 31-55.
The Article by Morton gives additional information concerning the impact of the Charter of Rights, which is an important part of the paper.
Puddister, K. (2018). The Canadian Reference Power: Delegation to the Courts and the Navigation of Federalism. Publius: The Journal of Federalism.
Puddister provides additional information concerning the tasks that the Charter adds to the list of court functions.
Smithey, S. I. (1996). The Effects of the Canadian Supreme Court’s Charter Interpretation on Regional and Intergovernmental Tensions in Canada. Publius: The Journal of Federalism, 26(2), 83-100.
The Supreme Court has been busy in the interpretation of the Charter and avoidance of Intergovernmental Tensions in Canada. Smithey provides an insight on the impact of the Charter on the Supreme Court.
Watts, R. L. (1989). Executive federalism: A comparative analysis (Vol. 26). IIGR, Queen’s University.
Watts provides additional insight concerning the freedom of language as stipulated in the Charter. The main area of interest is the knowledge of the French language.