Analysis of the Canadian Charter of Rights and Freedoms

The rights install forth in The Canadian assume of Rights and Freedoms are exclusively of paramount importance in a democratic country such as Canada. However, the implementation and interpretation of the C. C. R. F. is fundamentally flawed. The equivocalness of certain sections allow for a vast range of interpretations by the Supreme dally justices, the unelected administration brach has the baron to fundamentally variegate the Canadian miserable code without the concur of the legislative brach, and the legislative secern has the power to overrule intimately split of the Charter infra the principle of legislative supremacy.These principles in effect render the exact useless is suffice its purpose. The Charter itself is a short catalogue with only very general farmingments around the nature of the rights and freedoms it provides. Under section 2(a) of the C. C. R. F all Canadian citizens are given the right to freedom of conscience and godliness. However, this can present itself to be backbreaking in a multicultural partnership such as Canada, and then, ghostlike beliefs and more than importantly their sincerity can cash in ones chips difficult to asses.Also, religious beliefs may fill out into conflict with other fundamental rights. In the case of A. C. v. Manitoba (Director of Child and Family Services), a overlords Witness couple refused line of descent transfusions for their 14-year-old daughter after doctors decided they were necessary. The electric razor was make a ward of the state in order to administer pedigree transfusions. The Supreme judicatory of Canada had do square off wether the childs right to bread and butter or the parents religious freedom was of greater importance. The court govern that this was a legitimate limitation on religious freedom.Furthermore, the freedom of the judiciary brach to set precedents equal in importance to the law, in particular on the controversial issues mentioned in the C. C. R. F. , very diminishes Canadas democratic nature. Because they are not elected, judges do not arouse to be sensitive to the will of the electorate, thus limiting democracy. The Supreme Court has made a number of controversial decisions without the credit of any legislative body or Canadian citizens. One of the most satisfying being R. v. Morgentaler, which effectively made stillbirth legal in Canada.The court govern that The abortion planning in the flagitious order violated the right of women, under section 7 of the charter to protective cover of the Person. However, a 2010 Angus Reid poll parrot found that only 40% of Canadians work out abortion should be permitted. The Supreme Court of Canada fundamentally altered the Canadian Criminal Code and clearly acted against the will of most Canadians. However, to ensure legislative supremacy, component part 33 was written into the C. C. R. F. Section 33 states that Parliament or the legislature of a province may expressly . . that the conduct or a provision hence shall operate only a provision included in section 2 or sections 7 to 15. Thus, should they chose the Federal of bucolic governments can suspend many of the rights guaranteed in the C. C. R. F. One recent example is when In March, 2000, the Alberta Legislature passed bloom 202, which amended the provinces matrimony Act to include an opposite-sex-only definition of matrimony as well as the notwithstanding clause in order to modify the definition from Charter challenges.It was later overruled by the Supreme Court of Canada, however, under a different Supreme Court Bill 202 might have prevailed. In conclusion, the ambiguity of the C. C. R. F allow for different interpretations, the judiciary brach has the power to alter the Criminal Code without the consent of the legislative brach, and the legislative branch has the power to overrule most parts of the Charter under the principle of legislative supremacy. These principles effectively render t he charter useless is serving its purpose of ensuring a fair and just country for Canadians.