The Impact of Parliamentary Supremacy on Fundamental Rights in Canada

The report examines parliamentary supremacy and its relationship with fundamental rights within the Canadian political system. It begins by outlining the historical context of parliamentary supremacy, where legislative power resided, and the potential for oppression of minority groups. The report then focuses on the Constitutional Act of 1982 and the Charter of Rights and Freedoms, which introduced specific rights for citizens and limited the scope of parliamentary supremacy. The Charter aimed to protect fundamental rights and freedoms, ensuring they could not be easily altered. The report discusses how the Charter restricts parliamentary power through general and specific limitations, including the protection of minority rights and the judiciary's role. The report also highlights the exceptions to these restrictions, where legislation can pass laws on fundamental rights, reflecting a partial return to parliamentary supremacy. The report concludes by analyzing the impact of these changes on the Canadian political landscape.

1PARLIAMENTARY SUPREMACY AND FUNDAMENTAL RIGHTS
Parliamentary Supremacy
The Canadian political system was based on the British constitution, as Canada was still a
colony under the imperial power of Great Britain. The supreme parliamentary system gives the
parliament legislative power to issue even unconstitutional law as there was no bound to their
authority. This led to the inequality in the minority groups of the provinces and often led to
conflicts within the states. But the parliament could not be held accountable for it as their
activities were within the legislative jurisdiction. This also caused many oppressive laws being
added to the legislation and the citizen could not challenge them in the court as it fell under
different levels of power.
Constitutional Act of 982
The Constitutional Act of 1982 included the Charter of Rights and Freedom in the
constitution providing clarity of the specific rights of every citizen, which can never be tampered
with, no matter on which level system. The primary aim of the inclusion of the charter was
emphasizing the importance of the fundamental rights and freedom of all and every individual of
the nation that it cannot be altered even if the people in the government deem it to be right. This
was the process that kept the democratic norm as it put the people above all. This also led to the
change in the process of the dominance of the majority and diminished the tyranny at the
fundamental level. The Charter clearly states in the bill that the legislature of the provinces and
the federal/central parliament are bounded to each other and are interdependent to follow the
rites of the Constitution equally. Thus, any legislation whether the majority or minority cannot
shift or deviate from the constitution without legal consequences.

2PARLIAMENTARY SUPREMACY AND FUNDAMENTAL RIGHTS
There are certain restrictions that were brought about by the Charter which shows the
departure of parliamentary supremacy from the Canadian political system. These restrictions are
divided into three types the first one being general which translate that provinces can pass
restrictions but only after it has been justified in front of the court that it is merely a limitation to
the freedom which can infringe upon the freedom of other individuals the second category
consists of specific restrictions such as right of the minority community whether ethnicity or
religion can live in a peaceful atmosphere without any hurdle from the minority. The judicial
system has the power to arrest but the rights of the accused cannot be negated and should be
given the right to prove their innocence and human treatment. This restriction falls in the
judiciary of the system and any contempt can be challenged in the court of law
The last category is the one where the legislation is restored with some of the power to
be used under exceptional circumstances only. This takes a detour back to the supremacy of the
parliament up to a certain extent as it gives the legislations to pass laws on fundamental rights
and gender issues and is considered to be the point of weakness of the Constitution Act of 1982.