Topic > The role of the Canadian Charter of Rights and Freedoms

The judicialization of politics has been present throughout Canadian constitutional politics and has improved greatly since the Charter was adopted. The Canadian Charter of Rights and Freedoms was added to the Canadian Constitution Act 1982. The Constitution is a set of laws that includes basic rules for how Canada operates, establishes the structure and regulation of Parliament, how elections work and the degree of power held by the federal, provincial, and territorial governments in Canada. The Canadian Charter is a document that outlines the civil rights of every Canadian citizen and what they deem essential in a free and democratic society. Section 52 of the Constitution Act 1982 articulates the principle of constitutional supremacy by providing that the Constitution of Canada is the absolute law of Canada and that all additional laws must be consistent with the provisions of the Constitution. If other laws interfere with the Constitution, they may be considered invalid. Since the Canadian Charter is a component of the Constitution, it is known to be the most essential and crucial law of Canada (Kelly and Manfredi, 2009). Therefore, the fundamental values ​​of Canadians are rooted in the Canadian Charter of Rights and Freedoms. The Charter ensures that every Canadian is treated equally before the law. Freedom of expression is linked to the Charter through setting specific guidelines that the government must follow to enable equality before the law (i.e. a person's belief or religion). Freedom of expression is not absolute as it is limited by section 1, which states that rights and freedoms are guaranteed only within reasonable limits, as prescribed by law. Freedom of expression represents the broadest and most liberal interpretation by the Supreme Court of Canada. An individual's right to express and form his or her own opinions is an essential feature of a democracy. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay Section 2(b) of the Canadian Charter of Rights and Freedoms guarantees every individual the right to “freedom of thought, belief, opinion and expression”, including freedom of the press and other media communications”, as they are considered fundamental freedoms in the Charter. This section gives all Canadians the right to think and believe whatever they want. It gives the right to express one's thoughts, without having the fear of being penalized or remaining silent. These freedoms are essential for personal fulfillment, participation in both social and political decision-making, and the freedom to exchange ideas and beliefs. Since the media plays a huge role when it comes to communicating opinions and thoughts, the Charter protects the right to allow the press and other media to express oneself openly. Freedom of the press is a very important part in a democracy because newspapers and other media can spread information to people about what is happening and express their thoughts and views on certain situations, whereas this information would not normally come from the government . Freedom of expression leads to other liberal freedoms which include all freedoms listed in section 2 of the Canadian Charter of Rights and Freedoms. The freedoms of Section 2 support and reinforce the overall idea behind the constitution and there is an interplay of core Canadian values ​​within the law. The fundamental freedoms referred to in Article 2 are Article 2(a) freedom of conscience and religion, Article 2(c) freedom of peaceful assembly and Article 2(d) freedom of association. Individuals in Canada are free tofollow a religion of their choice, where no one can be forced to behave in a way that violates their religious views. Society should not have the right to interfere with one's beliefs about one's life. The Charter protects Canadians from having to go against their religious beliefs. Freedom of peaceful assembly is generally linked to the right of individuals to join groups, such as political parties, trade unions, clubs. It ensures the fundamental freedoms of “freedom of association” for all. These freedoms are incorporated into the Charter to ensure that Canadians can create and express their thoughts, coming together in groups to discuss them openly. In a democracy, everyone should be free to make their own decisions and express their thoughts. Likewise, it is essential to recognize the choices and freedoms of others, even if you do not agree. By protecting everyone's fundamental freedom, the Charter encourages beneficial democracy. However, section 2 of the Canadian Charter of Rights and Freedoms is not an absolute right due to restrictions on freedom of expression. While these freedoms are important, the government has the power to limit them. These rights may be limited to protect other rights or important national principles. For example, a world with unlimited free speech would be madness, individuals and groups would be allowed to openly discriminate against people based on their age, gender, religion, sexual orientation, etc. However, this right is limited when someone or a group advocates misconduct, hate propaganda, and child pornography because they prevent harm to another group or individuals. People are not allowed to promote sexual, mental or physical violence and then justify their actions with free speech. Restrictions on freedom of expression come in many ways, there are procedures put in place to ensure compliance "including provisions of the Criminal Code and Human Rights that limit hate speech, municipal laws that regulate signage or where protests can take place, civil laws actions of defamation (slander) and restrictions imposed on the freedom of the press. Furthermore, Section 1 of the Canadian Charter of Rights and Freedoms states that Charter rights may be limited by law so long as such limits can be shown to be reasonable in a free and democratic society. In the Rv Sharpe case, the defendant was charged with possession of child pornography and contested the crimes he was accused of in court. The defendant argued that this breached his right to freedom of expression under section 2(b) of the Charter. Lower courts have ruled out the prohibition on possession of child pornography as illegal. The court appealed the decision, arguing that the restriction on freedom of expression is reasonable as the ban serves to protect children from harm. Therefore, in this situation the government must consider whether the prohibition on possession of child pornography interferes with section 2(b) of the Canadian Charter of Rights and Freedoms. The Tobacco Product Control Act was established by the Canadian Parliament to prevent and ban tobacco companies from advertising and promoting their products in order to protect the well-being of Canadians by trying to reduce the attraction of new smokers. However, the Tobacco Products Control Act violated section 2(b) of the Charter. The law bans tobacco advertising and makes it mandatory for all tobacco products to include unattributed health warnings. In the case RJR-Macdonald Inc. v. Canada it was discussed whether the advertising ban and the obligation to.