Between the Canadian Bill of Rights (1960) and the Canadian Charter of Rights & Freedoms, which is better able to protect the rights and freedoms of Canadian citizens and why?
The answer is the Canadian Charter of Rights & Freedoms but I`m not sure why.
This is what I`ve thought of so far:
- the Charter is more open ended so it's made to fit any case
Could you tell me if my reason is correct and tell me a few more reasons why? Thanks :)
Check this site.
http://en.wikipedia.org/wiki/Canadian_Bill_of_Rights
thanks :)
You're welcome.
Yes, you are correct that the Canadian Charter of Rights and Freedoms is more open-ended compared to the Canadian Bill of Rights. However, there are several other reasons why the Charter is considered better able to protect the rights and freedoms of Canadian citizens:
1. Constitutional Supremacy: The Charter is part of the Canadian Constitution and therefore holds a higher legal status than the Canadian Bill of Rights. This means that any laws or government actions that violate the Charter can be challenged and struck down by the courts.
2. Broad Scope: The Charter covers a broader range of rights and freedoms compared to the Canadian Bill of Rights. It includes fundamental freedoms such as freedom of speech, religion, and association, as well as democratic rights, mobility rights, and equality rights. This broader scope ensures that a wider range of individuals and groups are protected.
3. Enforceability: The Charter has a provision (Section 24) that allows individuals whose rights have been violated to seek a remedy or compensation through the courts. This enforcement mechanism ensures that the rights and freedoms guaranteed by the Charter have more practical and meaningful impact.
4. Legal Clarity: The Charter is written in clear and precise language, making it easier for judges and lawyers to interpret and apply it consistently. This promotes certainty and predictability in the law and enhances the protection of rights.
5. Evolutionary Interpretation: The courts have developed a principle of "purposive interpretation" when interpreting the Charter, which means they strive to interpret it in a way that best upholds and promotes the underlying values and principles of the Charter. This allows the Charter to adapt and address modern challenges and evolving societal norms.
Overall, while the Canadian Bill of Rights played an important role in recognizing certain rights, the Canadian Charter of Rights and Freedoms provides stronger and more comprehensive protection for the rights and freedoms of Canadian citizens due to its higher legal status, broader scope, enforceability, legal clarity, and evolutionary interpretation.