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  • Essay / The role of the Canadian Charter of Rights and Freedoms

    The judicialization of politics has been present throughout Canadian constitutional politics, and it has improved greatly since the establishment of the Charter. The Canadian Charter of Rights and Freedoms was added to the Canadian Constitution Act, 1982. The Constitution is a body of law that includes the fundamental rules for how Canada functions, it sets out the structure and regulations of Parliament, the functioning elections and the degree of power held by the federal, provincial and territorial governments in Canada. The Canadian Charter is a document that outlines the civil rights of every Canadian citizen and what they believe to be essential in a free and democratic society. Section 52 of the Constitution Act, 1982 sets out the principle of constitutional supremacy by establishing that the Constitution of Canada is the absolute law of Canada and that all supplementary laws must conform to the regulations of the Constitution. If other laws interfere with the Constitution, they may be considered invalid. Since the Canadian Charter is a component of the Constitution, it is known to be the most essential and crucial law in Canada (Kelly and Manfredi, 2009). Therefore, the fundamental values ​​of Canadians are enshrined in the Canadian Charter of Rights and Freedoms. The Charter guarantees that all Canadians are treated equally before the law. Free speech is linked to the Charter by setting out specific guidelines that the government must follow to enable equality before the law (that is, a person's beliefs or religion). Freedom of expression is not absolute as it is limited by Article 1, which states that rights and freedoms are guaranteed only within reasonable limits, as prescribed by law. Freedom of expression benefits from the broadest and most liberal interpretation by the Supreme Court of Canada. An individual's right to express and form their own opinion is an essential characteristic of a democracy. Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”?Get the original essay Section 2(b) of the Canadian Charter of Rights and Freedoms grants every individual the right to “freedom of thought, belief, opinion and expression”. , including freedom of the press and other media of communication", as they are considered fundamental freedoms in the Charter. This article gives all Canadians the right to think and believe what they want. This gives the right to express one's thoughts, without having the fear of being penalized or remaining silent. These freedoms are essential for personal development, participation in social and political decision-making, and the freedom to exchange ideas and beliefs. Since the media play an important role in communicating views and thoughts, the Charter protects the right to allow the press and other media to express themselves openly. Freedom of the press is a very important element in a democracy because newspapers and other media can disseminate information to people about what is happening and express their thoughts and views on certain situations, when this information would not normally come from not from the government. expression leads to other liberal freedoms which include all the freedoms listed in section 2 of the Canadian Charter of Rights and Freedoms. The freedoms provided in section 2 support and reinforce the overarching idea behind the constitution and there is an interaction between fundamental Canadian values ​​within the law. Freedomsfundamental under Article 2 are Article 2(a) freedom of conscience and religion, Article 2(c) freedom of peaceful assembly and Article 2(d) freedom of 'association. In Canada, individuals are free to follow the religion of their choice and no one can be forced to behave in a way that undermines their religious views. Society should not have the right to interfere with a person's personal beliefs about their life. The Charter protects Canadians from being forced to go against their religious beliefs. Freedom of peaceful assembly is generally linked to the right of individuals to join groups, such as political parties, unions, or clubs. It guarantees everyone the fundamental freedoms of “freedom of association”. These freedoms are incorporated into the Charter to ensure that Canadians can create and express their thoughts, come together in groups to discuss them openly. In a democracy, everyone should be free to make their own decisions and express their thoughts. Likewise, it is also essential to recognize the choices and freedoms of others, even if one does not agree. By protecting everyone's fundamental freedoms, the Charter encourages beneficial democracy. However, section 2 of the Canadian Charter of Rights and Freedoms is not an absolute right due to restrictions on freedom of expression. Although these freedoms are important, the government has the power to limit them. These rights may be restricted to protect other rights or important national principles. For example, a world with unlimited freedom of speech would be madness, individuals and groups would be allowed to openly discriminate against people based on their age, gender, religion, sexual orientation, etc. However, this right is limited when someone or a group supports misconduct, hate propaganda, and child pornography because they prevent harm to another group or individual. People are not allowed to promote sexual, mental or physical violence and then justify their actions as free speech. Limitations on freedom of expression take many forms; procedures are put in place to ensure that they are respected “in particular the provisions of the Criminal Code and human rights limiting hate speech, municipal by-laws which regulate signage or places where demonstrations can take place, civil regulations”. actions for defamation (libel) and restrictions imposed on freedom of the press. Additionally, section 1 of the Canadian Charter of Rights and Freedoms states that the rights guaranteed by the Charter may be limited by law to the extent that such limits can be demonstrated to be reasonable in a free and democratic society. In the Rv Sharpe case, the defendant was charged with possession of child pornography and he challenged the wrongdoing of which he was accused in court. The defendant claimed that this violated his right to freedom of expression under section 2(b) of the Charter. Lower courts found the ban on possessing child pornography illegal. The court appealed the decision, saying the limitation on freedom of expression is reasonable as the ban aims to protect children from harm. Therefore, in this situation, the government must consider whether the prohibition on possession of child pornography interferes with section 2(b) of the Canadian Charter of Rights and Freedoms. The Tobacco Products Control Act was established by the Parliament of Canada to prevent and prohibit tobacco companies from advertising and promoting their.