This website uses cookies to ensure you have the best experience. Learn more

Charter Of Rights And Freedoms Essay

2032 words - 8 pages

(1) The Charter protects a range of rights and freedoms, but these rights often conflict. In some instances, courts are called upon to weigh competing rights. In your opinion, is freedom of religion or freedom of expression more important? Why? Use case law examples to support and defend your argument.

The Charter of rights and freedoms focuses on many fundamental rights of individual, but often these rights conflict with one another. When such an issue arises there is a judicial review that the courts establish in understanding which right is more important on the basis of the case. In this paper two fundamental rights will be focused on that are freedom of religion and freedom of expression. These two rights often conflict with one another where freedom of expression is more important than freedom of religion. It is important to know if there was no freedom of expression there will not be freedom of religion. In order for one to practice his or her religion they must be able to express their religion, for this reason there is a need for freedom of expression. Firstly, freedom of religion in section 2(a) of the charter, states that freedom of conscious and religion is part of person’s autonomy where it is there to develop individuals self. This section also states that there is no absolute protection on all actions based on religion. Secondly, freedom of expression in section 2(b) of the charter, states that freedom of expression recognizes that individuals in democratic society have free expression to participate in their social and political community. Where having freedom of speech is there to protect the individual’s autonomy and “right to think and reflect on circumstances and conditions.” (Sharpe & Roach, 2013, p. 156). Thirdly, in some cases freedom of expression gives rights to individuals speak out their opinions when justice is not there, such as the case on Morgentaler. Therefore, freedom of expression shapes our religion where different groups of people can better understand it each other’s belief.
“Freedom of religion in the Charter protects individual autonomy, freedom and dignity.” (Sharpe & Roach, 2013, p. 133). For this reason, freedom of religion in the charter offers individual autonomy where the individual has the freedom to uphold any belief and opinion based on their own thought and conscious. Also, section 2(a) of the charter insure that society will not interfere that individuals belief and where this belief governs ones perception of oneself, humanity, nature and in other cases a higher power or being. (Sharpe & Roach, 2013, p. 133). Continuing, freedom of religion also means the right for one to practice their religion, in means of worshiping and teaching without any scrutiny. Also there is no absolute protection based on religion where individual may practice his or her religion but if at any means does harm to his or her lively hood or someone else that religion can be strained in manner that fits the society....

Find Another Essay On Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms

714 words - 3 pages The Canadian Charter of Rights and FreedomsCanada's dedication to human rights makes Canada one of the best places in the world to live. Canada provides freedom of choice for all citizens and Canada is known for the emphasis we put on equality. With both of these points in mind, one must also consider the best and most prominent part of Canada's dedication to human rights, The Canadian Charter of Rights and Freedoms as an influential part of

The Canadian Charter of Rights and Freedoms

849 words - 3 pages Canada's dedication to human rights makes Canada one of the best places in the world to live. Canada provides freedom of choice for all citizens and Canada is known for the emphasis we put on equality. With both of these points in mind, one must also consider the best and most prominent part of Canada's dedication to human rights, The Canadian Charter of Rights and Freedoms as an influential part of Canada being such a great place to live.Canada

A comparison of US Bill of Rights and The Canadian Charter of Rights and Freedoms

1901 words - 8 pages Former United States Attorney General Ramsey Clark wrote in the New York Times, "A right is not what someone gives you; but what no one can take away." It is in this vein that a country drafts legislation to protect the rights of their inhabitants. In the United States there is the Bill of Rights, which consists of a preamble and the first ten amendments to the United States Constitution, 1787 . The Charter of Rights and Freedoms is the first

The Evolution of the Canadian Charter of Rights and Freedoms and Human Rights in Canada

2009 words - 8 pages values that are offended when we discriminate, consciously or not." Her Justice's word is entirely true. Identical treatment may not lead to equality in all cases, nor does differential treatment always cause inequality. This can be seen through the Canadian Bill of Rights and the judgements concerning discrimination and human rights passed under it, and within the wording of the Canadian Charter of Rights and Freedoms, as well as from Supreme

How effectively does Canada’s Charter of Rights and Freedoms protect Individual Rights?

1323 words - 5 pages Three decades ago, honorable Prime Minister Pierre Trudeau was establishing the renowned Charter of Rights and Freedoms. Since the three decades of being established, the Charter of Rights and Freedoms has protected the rights and freedoms of thousands of Canadians. The Charter of Rights and Freedoms has become a part of the national identity and has become a big patriotic symbol for the country and its people. The Charter of Rights and

Impact of Prime Minister Trudeau’s 1982 charter of Rights and Freedoms

757 words - 4 pages or to be uniquely refused. It should be noted that the specifics of the above agreements were not entirely just which would serve as examples that would lead to the direct predecessor of the 1982 Charter of Rights and Freedoms; the 1960 Bill of Rights imposed by Prime Minister Diefenbaker. Therefore, in order to understand the democratic changes that Prime Minister Trudeau’s 1982 Charter of rights and Freedoms witnessed in Canada, a comparison has

The Inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms

1587 words - 6 pages The Inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms The inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms was an invaluable contribution in the evolution of the liberal democratic state. Not an endpoint, to be sure, but a significant progression in the rights protection dynamic. Subsequent to its passage in 1982 it became the primary rights protecting mechanism

Examining Canadian Discrimination within a Society in Charter of Rights and Freedoms

866 words - 4 pages Every individual in society is guaranteed a certain amount of protection and equality from the state regardless of their situation or background. Depending on how the terms discrimination and equality are interpreted in the courts will those rights apply. In the Charter of Rights and Freedoms, section 15 consists of two subsections which will be examined in terms of discrimination within society. As stated in section 15 (1) “Every individual is

Rights and Freedoms guaranteed in the Charter should be limited. They should not be absolute. Discuss

636 words - 3 pages "Power tends to corrupt and absolute power corrupts absolutely." This quote says it all. Power certainly seems to corrupt as we have seen in the past and continue to see in the world today. But power itself can have a limit to it. On the other hand absolute power is bound to extend to the utmost disobediences of conscience.Rights and freedoms guaranteed in the Charter should be limited. They should not be absolute. Rights are the freedoms and

The Development of Canada’s Rights and Freedoms

665 words - 3 pages . They had 3 children together; Justin (1971), Alexandre (1973) and Michel (1975 – 1998). Justin Trudeau followed his father’s footsteps and is now leader of the Liberal Party. Sadly, on September 28, 2000, Pierre Elliot Trudeau died. 2. Which rights or freedoms did they want to change? What were they trying to accomplish? What were the troubles they faced? Pierre Elliott Trudeau wanted to make Canadians proud and satisfied to live in Canada

Changing Rights and Freedoms of Aboriginal Australians

529 words - 2 pages Before the referendum/land rights and native title, the Constitution made two references to the aborigines. This meant that the Aborigines weren’t able to vote and were excluded from the census. The federation of the six colonies then believed that the aborigines were becoming a dying race.They aborigines had no rights or freedom and say and were also discriminated by the Australians. Which they were also regarded as non Australian

Similar Essays

Canada’s Charter Of Rights And Freedoms

1294 words - 5 pages Three decades ago, honorable Prime Minister Pierre Trudeau was establishing the renowned Charter of Rights and Freedoms. Since the three decades of being established, the Charter of Rights and Freedoms has protected the individual rights and freedoms of thousands of Canadians. The Charter of Rights and Freedoms has become a part of the national identity and has become a big patriotic symbol for the country. The Charter of Rights and Freedoms

The Canadian Charter Of Rights And Freedoms

629 words - 3 pages The Canadian Charter of Rights and Freedoms plays a major role in Canadian society, and has been a huge part of our country now for 27 years. This being from the Constitution Act of 1982, which makes the charter of rights a part of Canadian constitution. Canadian constitution is described as a set of laws containing rules on the way Canada operates. The Charter recognized the rights of individuals who never had their rights noticed in the past

The Canadian Charter Of Rights And Freedoms 2319 Words

2319 words - 9 pages The Canadian Charter of Rights and Freedoms was signed into law by Queen Elizabeth II April 17, 1982. Often referred to as the Charter, it affirms the rights and freedoms of Canadians in the Constitution of Canada. The Charter encompasses fundamental freedoms, democratic rights, mobility rights, legal rights, language rights and equality rights. The primary function of the Charter is to act as a regulatory check between Federal, Provincial and

The Charter Of Rights And Freedoms

1401 words - 6 pages The Charter of Rights and Freedoms has fundamentally shaped Canadian society since its inception through the Constitution Act of 1982. Promising egalitarian, linguistic, religious as well as other basic rights, the Charter of Rights and Freedoms is one of the primary doctrines in which Canadian law is founded upon. Many have argued that the advent of the Charter has transformed Canadian society into one that is preoccupied with that of rights