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Damini JaswalPOLS 2910Essay – Canadian Charter of Rights and FreedomsBarbara P CameronTA: Karl Gardner
The Canadian Charter of Rights and freedoms have been part of the Canadian political system for long time and it has been evolving by providing freedom of choice to all citizens and Canada in specific is known for the emphasis put on equality. Ideologically, the charter helps citizens claim their rights, but the judicial branch complexes matters of policy making. To start off, the historical implication has been the key to getting the Charter to where it has been now. Initially, the Charter was not part of the Canadian constitution. Of the time, Prime Minister Pierre Trudeau wanted to bring the BNA (British North American Act) under Canadian constitution (MW pg.68). in 1982, he was successful in his mission but he did get caught up in a controversy, which brings complexity into the issue and raises questions of our fundamental rights. Most importantly, keeping these rights within the constitution would mean bringing in the judicial system in helping define and protecting these rights (MW PG.69). This would mean that the courts would become arbiters. At that time, the most complex matters for the court was solving disputes over the division of power between the federal and the provincial government.
As mentioned above, policy making is the major fear that provincial governments had. This comes down to parliamentary supremacy, which refers to the doctrine under which the legislative and executive branch, not the judicial branch, define elements of public policy (MW pg. 69) The fear revolved around the appointed judges and how they would disturb the policy making that revolves around the human rights in Canada. In order to preserve power, legislatures