Canadian Charter of Rights and Freedoms
Katie Morishita
The Canadian Charter of Rights and Freedoms protects society by providing a set of rules for which citizens are to follow. Without following the rules society becomes dysfunctional with crimes being committed, and no one listening to the authorities. Some may agree that that is the way people should be allowed to live, but without the Canadian Carter of Rights and Freedoms society cannot function properly and will eventually fall apart leaving people unprotected. All the rights are there to protect the citizens, but the importance varies within them. Rights such as the Legal rights, Equality rights, and the Fundamental Freedoms are of higher importance than the rest. These rights are of higher importance than the others because these three sections involve people’s everyday lives.2
The Legal rights outline the basic rights of being a human, where everyone has the right to life, liberty, and to be secure. If this rule were to not exist many people would be out killing causing a decline in the population as well as allowing people to think they can do what they want. This would dramatically affect society, where the citizens would be constantly living in fear for their life essentially being denied their right to live, and live securely. In addition this section also outlines everyone’s rights upon arrest and that they cannot be imprisoned or detained without a reason. Deprived of these rights and their rights upon arrest, people could be arrested for no apparent reason, charged with a wrongful offence, and subjected to unfairness in the court systems. Through this people’s right of being presumed innocent until proven guilty would be lost and the risk of imprisoning the innocent increases. By putting many more people in jail, the already crowded prisons would become even more crowded and expensive for society. The crowding of the prisons might even lead to the government allowing the death penalty to be legal again just so they can have enough space for all the criminals. The other parts of the legal rights also deal with fairness, with the treatment of prisoners and language barriers. Even in prisons people have the right to be secure, so prisoners are not allowed to be subjected to any cruel treatment or punishment. Without this rule in place people with authority based jobs in the prisons can take advantage of their authority and abuse prisoners and that would be depriving them of their legal right to life and security. Providing an interpreter to a person unable to speak or understand the language, goes with the rights of informing the offender of what they have done and making sure they understand. By not informing the offender the authority is going against the law and the persons rights.
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Equality rights are very difficult to enforce as it is hard to change what someone believes in, such as an inferior race, but this section of the Charter is important because everyone should have the right to be treated equally under the law, no matter their race, nationality, colour, disability, age, gender, or religion. If society were to discriminate people based on their race, a whole race of people could be put into jail or prioritized above all the others. The rest of society may not agree with the idea, and problems like war, break out due to a strong disagreeance over who is better than the other. Everyday life would be disrupted and society would go into chaos, people not knowing which side to follow and many live would be lost. So the importance of the Equality rights are high, as conflicts can arise, just like in the past with Hitler. Everyone being treated equally provides everyone with the same opportunity to achieve their goals and this helps society to develop, creating a better environment.
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The Fundamental Freedoms are the central importance of the Canadian Charter of Rights and Freedoms. Canadians are free to follow their religion choice. In addition, they are guaranteed freedom of thought, belief and expression. Since the media is an important means for communicating thoughts and ideas, the Charter also protects the rights of the media to speak out. People’s right to gather and act in peaceful groups is also protected, as well as the right to belong to an association. These freedoms are set out in the Charter to ensure that the citizens are free to create and to express their ideas, gather to discuss them and communicate them widely to other people. These activities are basic forms of individual liberty. They are also important to the success of a democratic society like Canada. Once again if these rights are taken away from the citizens, conflicts can arise between the government and society, eventually creating a dysfunctional society with no laws or form of government.
The Canadian Charter of Rights and Freedoms helps to keep society functioning and to protect the people from uncontrollable conflicts arising. The Legal Rights allows the citizens to live and be secure within their community, protecting them from unreasonable search and seizure and wrongful arrest. The Equality Rights tries to keep everyone equally treated no matter their race, gender, age or religion. And the Fundamental Freedoms allow the people to express themselves in a peaceful and reasonable manner, to help society develop. These three sections of the Charter are the most important regarding the fairness, safety and expression of Canadian citizens.