University Essay: Canadian Charter of Rights and Freedoms Analysis

This essay provides an in-depth analysis of the Canadian Charter of Rights and Freedoms, arguing that it is not anti-democratic due to its protection of individual rights. The essay explores the Charter's role in empowering individuals to challenge government actions, ensuring legal rights, and promoting equality. It discusses various aspects of the Charter, including freedom of expression, legal rights during arrest, and equality rights based on race, sex, and religion. The analysis highlights how the Charter safeguards against unreasonable searches, protects the rights of the accused, and ensures fair trials, ultimately contributing to a more just and equitable society in Canada. The essay references relevant legal frameworks and court decisions to support its arguments, providing a comprehensive understanding of the Charter's impact on Canadian society.

Running head: CHARTER OF RIGHTS IN CANADA
Charter of Rights in Canada
Name of the student
Name of the University
Author note

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Introduction
Canadian Charter of Rights and Freedoms refer to the rights and the freedoms which
the Canadians think are necessary for the functioning of a democratic society. It is a part of
Canadian Constitution and the Constitution contains basic rules that helps in the operation of
the country. It is supreme law of the country and the other laws that prevails in the country
are consistent with rules that are set forth in Constitution of Canada (Canada.ca., 2020). The
individuals residing within Canada are entitled to the rights and freedoms that are contained
within the Charter. It guarantees the broader equality rights of the individuals along with the
fundamental rights like the freedom of expression, assembly along with the religion. It
protects the rights of the people from any kind of the infringement by the laws or from the
actions of the governments. This essay argues that Charter of Rights and the Freedoms is not
anti-democratic as it offers protection to the people residing within Canada.
Discussion
The Charter provides the empowerment to the individuals that helps them in
challenging the government action in the event of violation of the rights of the people. An
individual can challenge the court in the case of the government putting the limitations on the
freedom of an individual. The individuals can ask the court for the remedy if they find it
appropriate under the circumstances. It takes care of the fact that the government does not
interfere with the rights along with the freedoms of the people in the unreasonable manner. It
acts as a powerful force that ensures the progress of the people living within the boundaries
of the country. It helps in dealing with a fair manner with the people that have enabled in
elevating the status of the individuals residing in Canada (Justice.gc.ca., 2020). It have
shaped the past of Canada and it will help in protecting the future of the country. It affirms
that Canada is a multi-cultural country and it offers the protection to the people of the various

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cultural diversities residing in the region. It have offered the extensive protection to rights of
the indigenous people residing within the boundaries of the country.
The Canadian Charter of Rights established the fact that the people have got the right
of the voting and the common people can hold the government accountable for the actions. It
talks about the fact that an individual being born in Canada have the right of obtaining the
citizenship status that can help him in casting the voting at a later point of time. The people
are also endowed with the mobility rights that helps them in moving freely in country and
right of remaining within Canada (Chrc-ccdp.gc.ca., 2020). The people are provided with the
wide mobility rights that enables them in going to any place of their choice for seeking the
opportunities pertaining to their field of employment. There exist some professions like the
teaching and the law where applicant should have the ability of meeting required standard of
province for working in the new place. They have tried to limit these rights so that the local
people would get the job opportunities first but the Canadian Charter of the Rights and the
Freedoms have ensured that the people do not lose out on the opportunities and it have taken
care of the security of the people.
The Canadian Charter of Rights and the Freedoms ensures the legal rights of the
people so that they are not disadvantaged in the event of any kind of the unreasonable search
and the seizure. The police should have the reasonable grounds before they embark on the
mission of searching an individual and the Charter stipulates that the individuals have rights
of not being arbitrarily detained (Black-Branch, 2018). The person can be held in the custody
by the police on the reasonable grounds and it should be brought before the judge within the
time span of the 24 hours of the detention. It can hence be stated that the Charter is
democratic that offers protection to the broader rights of the citizens within the framework of
the country. The person who have been arrested should be communicated about the reasons
and he is allowed to consult the counsel without any kind of the delay in the procedure

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(Newman, 2018). They should be provided with the fair trial that can help them in seeking
the justice. All the people living in the boundaries of Canada are innocent till they are proved
guilty beyond any kind of the reasonable doubt. The individuals in Canada have right of
being tried by a jury in the event of the punishment for the offence being more than that of 5
years. It helps in keeping the justice system in being based on opinions of the ordinary people
so that the results are on the basis of the changing community standards (Mann, 2020). The
Charter mandates that the individuals should not be subjected to any kind of the cruel
treatment or the punishment. Punishment that is awarded to the people should be befitting
with the crime and it should be in accordance with the public standard of the acceptability. A
party or a witness in the proceedings can seek the help of an interpreter that can help him in
understanding the case in a better manner.
Canadian Charter is instrumental in guaranteeing the equality rights of the people. It
stipulates that all the individuals are the same before the law and they have the right to get the
equal amount of the protection. It prohibits any kind of the discrimination which is
perpetrated on an individual on the basis of the race, sex and the religion. It is instrumental in
ensuring the racial along with the sexual equality of the inhabitants of Canada. It have also
provided the LGBT people with the rights that helps in safeguarding their dignity in the
society (Newman, 2018). These kind of the rights are guaranteed to all the individuals in
Canada which indicates every natural person living within the boundaries of the country. It
helps in the prevention of the violation of the human dignity and the freedom and it aids in
the removal of the societal prejudices that can prove to be unhealthy for a nation (Hawkins,
2017). It aids in the creation of a society where all the people enjoy the equal recognition as
being the members of the Canadian society. It helps in recognising the people who deserve
the respect and the consideration that provides the people with a privileged position in the
Canadian society.

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Conclusion
It can be concluded that Canadian Charter of Rights is not anti-democratic as it
empowers individuals that enables them in challenging the actions of the government when
they violate rights of the citizens. A person can seek the help of a court when government
puts limitations on their freedom and the court can provide the suitable remedy to the
individuals. It ensures legal rights of people so that the people are not left at a disadvantaged
position within the framework of the Canadian society. Police should have the necessary
grounds when they involve themselves in searching an individual so that the rights of the
people are not violated. The people should not be faced with any kind of the harassment
when they are dealing with the police. It takes care of equality rights of the people and it
saves the respect of the individuals before law so that they are ascribed the protection in the
society.

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References
Black-Branch, J. L. (2018). Rights and realities: The judicial impact of the Canadian
Charter of Rights and Freedoms on education, case law and political jurisprudence.
Routledge.
Canada.ca. (2020). Guide to the Canadian Charter of Rights and Freedoms - Canada.ca.
Retrieved 28 March 2020, from
https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-
canadian-charter-rights-freedoms.html#a3
Chrc-ccdp.gc.ca. (2020). Human Rights in Canada | Canadian Human Rights Commission.
Retrieved 28 March 2020, from https://www.chrc-ccdp.gc.ca/eng/content/human-
rights-in-canada
Hawkins, J. (2017). Protecting Canadian Charter Rights: Difficulties with Comprehension of
the Police Caution. Legal Research Awards For Students of Memorial University, 23.
Justice.gc.ca. (2020). Learn about the Charter. Retrieved 28 March 2020, from
https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/learn-apprend.html
Mann, J. (2020). Canadian charter of rights for people with dementia. Dementia, 19(1), 63-
67.
Newman, D. G. (2018). Interpreting Freedom of Thought in the Canadian Charter of Rights
and Freedoms.
Newman, D. G. (2018). Interpreting Freedom of Thought in the Canadian Charter of Rights
and Freedoms.