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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 Freedoms is the document that truly separates Canada from all the other powerful nations and is certainly something that Canadians take pride in. The Canadian Charter of Rights and Freedoms brings up many questions, but the biggest and most common question is, how effectively does Canada’s Charter of Rights and Freedoms protect your individual rights? To exactly know how effectively it protects our rights, we can look at situations where it has protected and where it has not protected the rights of Canadians. The Charter of Rights and Freedoms protects legal rights of Canadians no matter what age they are and without any discrimination, protects equality rights of Canadians and provides government services to all Canadians no matter what, ensures all laws are passed according to the Charter of Rights and Freedoms, so Canadians can practice their protected rights, like the right to choose a religion without interference.

One of the Legal Rights the Charter of Rights and Freedoms protects is; the right to be free of imprisonment, search, and seizure without reasons backed by the law. “In an anonymous school in Canada, there was an unexpected police checking, in which police dogs roamed around the hallway of the school to see if there was any suspicious substance or object. During the checking, the police found drugs in a student’s locker and arrested the student. Later, the student was charged in court, and he challenged the charge for unreasonable search of the locker and violation of his Legal rights under Clause 8 of the Charter of Rights and Freedoms. Two years later, the charge was dropped by the court, and the judge ruled that based on the Charter of Rights and Freedoms, the police had conducted an unreasonable search of the students locker. Even though the student was guilty, the court had to drop the charge because it was violating the Charter of Rights and Freedoms.” (Issues for Canadians, 2008, pp. 93-96) The Charter did an effective job in protecting the student’s legal rights even though the student was guilty.

Even as a convicted criminal, you are still guaranteed rights that protect you in the Charter. You cannot be subject to beating, abuse or any type of assault. “ A couple of years ago, in the Edmonton Institution, which is a federal prison, five prisoners claimed that they were subjected to beatings, abuse and assault by the prison guards. They also accused the prison guards of making them fight with each other resulting into the death of one of the inmates. These incidents all occurred...

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