Business Law: Analyzing the Canadian Charter of Rights and Freedoms

This essay analyzes the Canadian Charter of Rights and Freedoms, focusing on its significance within the Canadian legal system. The assignment addresses two key features of the Charter, detailing fundamental freedoms, democratic rights, and legal rights. It also presents an argument regarding whether Canadians were better off before the Charter's entrenchment in the Constitution, examining criticisms and the impact of the Charter on judicial power. The essay incorporates references to relevant legal concepts and scholarly articles, illustrating the Charter's role in protecting Canadian interests and challenging abuses of rights. The essay explores the arguments surrounding the Charter's impact on the relationship between the legislature and the courts. This assignment is relevant to business law, risk management, and legal compliance within an organizational context.

Running head: BUSINESS LAW
BUSINESS LAW
Name of Student
Name of University
Author Note

1BUSINESS LAW
The Charter of Rights and Freedoms is considered as one part of the Constitution of
Canada. The Charter while setting out the rights and freedoms of the Canadians that are thought
to be necessary for a free and democratic society has been considered as the most important law
in Canada (Canada.ca 2019). The Charter is the document that can be seen to be protecting the
Canadian’s interests and for providing for the ways to challenge the abuses that are done to the
basic rights and freedoms of the people (Lawlessons.ca 2019). To ensure that the rights and
freedoms of the people are not being interfered with in a unreasonable way or not taken away by
the government or anyone on its behalf the Charter had been introduced (Justice.gc.ca 2019).
The first 24 sections of the Charter discusses the various rights and freedoms such as the
fundamental freedoms, democratic rights, legal rights and legality rights. the last 10 sections of
the charter the application of the rights have been discussed.
Although the rights and freedoms of the people are being provided in the Charter still
there are a lot of criticisms against it. Even before the introduction of the Charter in the
constitution Canada was considered to be a democratic country. With the Charter’s introduction
the only change that can be seen is that the people’s rights and freedom have been given
constitutional status. It has even been noticed by many critics that the Charter is not self-
executive. The Charter can be seen to be full of vaguely worded rights. As the social science
evidence that is present in the disposition of the Charter is not determinative the application and
interpretation of the Charter is always found out to be controversial. Not everyone is of the
opinion that the constitutional power should be given to the judges. The relationship between the
legislature and the Courts can be found to be one of the most important problems in Canada even
after 30 years of the Charter’s introduction (The Globe and Mail 2017).

2BUSINESS LAW
Reference
Canada.ca. (2019). Guide to the Canadian Charter of Rights and Freedoms - Canada.ca.
Retrieved from https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/
guide-canadian-charter-rights-freedoms.html
Justice.gc.ca. (2019). Learn about the Charter. Retrieved from https://www.justice.gc.ca/eng/csj-
sjc/rfc-dlc/ccrf-ccdl/learn-apprend.html
Lawlessons.ca. (2019). Topic 1: Overview of the Canadian Charter of Rights and Freedoms |
LawLessons.ca. Retrieved from https://www.lawlessons.ca/lesson-plans/1.3.overview-of-the-
canadian-charter-of-rights-and-freedoms
The Globe and Mail. (2017). Yes. The Charter of Rights has given judges too much
power. Retrieved from https://www.theglobeandmail.com/opinion/yes-the-charter-of-
rights-has-given-judges-too-much-power/article4101032/