The Canadian Constitution Act Of 1982 - 2150 Words

Part I: Mandatory Long Essay Question (24 points) In The Value of A just Society, Pierre Elliott Trudeau explained that the Constitution Act of 1982’s primary goal was to protect individual rights rather than collective rights. Furthermore, he thought territorially concentrated minorities should not be given special rights. Analyse the linguistic rights and the Aboriginal rights jurisprudence since 1982 and determine if Trudeau’s constitutional objective has materialized. Your answer should be no more than 1500 words. In examining the constitutional jurisprudence since 1982, it can be seen that most cases have followed along with Trudeau’s objectives of individual rights protection. However, Trudeau’s article The Value of a Just Society notes that communal rights of Aboriginal communities represent a notable exception. He defends this, mentioning that these collective rights are enshrined where â€Å"the rights of individuals may be indistinct and difficu lt to define.† The Canadian Constitution is uncommon in the fact that it protects cultural rights, such as linguistic and Aboriginal rights. It is important for Canada to protect these rights, as Canada is made up of many different groups of people. It was Trudeau’s desire that the constitution protect everyone equally, â€Å"without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability.† By assigning rights to the individual rather than to collectives, linguisticShow MoreRelatedCanadian Constitution Act of 19822240 Words   |  9 Pagesmyself thinking sociologically when I realized that equality in Canada is less practiced as what the Canadian Constitution Act of 1982 claims. In this constitution, it is stated that every individual should be treated equally regardless of their race, ethnicity, colour, religion, sex, age, and any disability; however, in reality, individuals experience inequality in the form of racism throughout the Canadian society. For instance, a few months ago, a black male was asked to leave the St. Laurent shoppingRead MoreBritish Influence in Canadian Government960 Words   |  4 Pageswith Britain British influence on Canadian government Many of the political pressures in Canada today have their roots in the way the country was shaped politically over 150 years ago. How we do things now is based on institutions of government that go back even further. Eugene A. Forsey, until his death considered the foremost expert on the Canadian Constitution, wrote in how Canadians govern themselves: it is necessary to understand that our written Constitution, unlike the American, is not a singleRead MoreThe Compact Theory And Its Impact On The Federal And Provincial Relations1426 Words   |  6 Pagesindeed, has been the impact on the federal and provincial relations. Prior to 1867 constitutions, there was not a central or federal government; it was only English and French speaking people in Canada. In other word, the 1867 was basically an agreement between English and French people in Canada. Provincial rights and federal-provincial relations has also many conflicts which began very early after the 1867 Constitutions. The provincial rights and provincial independents are few conflicts between theRead MorePierre Trudeau Made Canada What it Is Today!764 Words   |  3 Pageseffective prime minister because he created the Constitution Act as well as the Charter of Rights and Freedoms, made the Official Languages Act and decided to use the War Measures Act during the October crisis. These made Canada what it is today because of Pierre Trudeau. Pierre Trudeau made Canada what it is today in a positive manner by creating the Constitutions Act as well as the Charter of Rights and Freedoms. The Constitutions Act started in 1982. The act allowed everyone to have fundamental freedomsRead Moreï » ¿Tensions between the French and English speaking Canadians.1562 Words   |  7 PagesTensions between the French and English speaking Canadians has been a topic issue for quite some time now. Throughout the years it has been questioned as to wether or not the French and English speaking Canadians have the potential ability to be together as a nation. Various votes have been held in order to try and establish what the people of Canada feel about this situation. However, the history of the English and French speaking Canadians prove that Canada is an impossible nation. Foreign PoliciesRead MoreQuebec: Distinct Society Essay1486 Words   |  6 Pagesunder the Royal Proclamation of 1763. Special provisions were granted to Quebec. The Qu ebec Act of 1774 allowed Quebec the free exercise of the Roman Catholic religion, including the right of the Church to collect tithes; recognized the seigneurial system; and established that civil suits would be tried under French civil law and criminal cases would be tried under British common law. In Addition the act provided for an appointed legislative council that would include both French- and English-speakingRead MoreThe Greatest Pop Star : Pierre Elliott Trudeau1722 Words   |  7 Pagespost-war Prime Minister because he unified Canada and reshaped the Canadian identity. He did this by establishing the Official Languages Act, stopped terrorism carried out by the Front de libà ©ration du Quà ©bec and enacted the Charter of Rights and Freedoms, all which are incredibly momentous for Canada. The Official Languages Act gave Canada its bilingual identity. The French Canadians did not wish to share the aspects of English-Canadian life and English Canada aimed to remove the French. These twoRead MoreEssay on Pierre Elliot Trudeau1205 Words   |  5 Pagesor she faces. Looking at the fifteen years he was in power, Pierre Elliot Trudeau did exactly that. For instance, he implemented the Official Languages Act and made bilingualism law. In another case, he put an end to the October Crisis by putting into effect the War Measures Act. Finally, Trudeau amended the Constitution which gave Canadians a Charter of Rights and Freedoms. Pierre Elliot Trudeau was a successful Prime Minister who accomplished his goals despite facing enormous opposition. Read MoreIs The Canadian Charter Of Rights And Freedoms Perfect?1276 Words   |  6 PagesIs the Canadian Charter of Rights and Freedoms Perfect? Introduction The Canadian Charter of Rights and Freedoms is without a doubt one of Canada’s most important section entrenched in the Canadian Constitution. The Charter of Rights and Freedoms is a bill of rights enacted into the Canadian Constitution as part of the Canada Act in 1982. However, the Charter was Canada’s second attempt to protect the rights and freedoms of its citizens all throughout the country and on every level of governmentRead MoreCharter Of Rights And Freedoms1345 Words   |  6 PagesFreedoms The Canadian constitution is the foundation that forms and brings together our nation government and its legal system. You can also consider the constitution as a rulebook. It contains rules and regulations that political parties must follow in order to adopt, amend, or revoke a law. The constitution has three main sources. In 1867 the British North American Act passed, which was the first source of the constitution. A change was made to the BNA act and was patriated in 1982. It was then