The Canadian Charter of Rights and Freedoms was promulgated under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, “With the embedding of the Charter in the Canadian Constitution, the Canadians were not only given an explicit definition of their rights, but the courts were given the power to rule on the constitutionality of government legislation” (101). Prior to 1982, Canada's central constitutional document was the British North America Act of 1867. According to Kallen, “The BNA Act (the Constitution Act, 1867) makes no explicit reference to human rights” (240). The adoption of the Charter of Rights and Freedoms significantly transformed the functioning of the Canadian political system. Currently, Canadians define their needs and complaints in terms of human rights. Bryden states: “More and more interest groups and minorities are turning to the courts, rather than the usual political processes, to make their grievances heard” (101). Since its inception in 1982, the Charter has become a highly controversial issue. There remains strong support for the Charter, but there has also been much criticism of the Charter. Academic critics of the Charter such as Robert Martin believe that the Charter is doing more harm than good, and is essentially anti-democratic and UN-Canadian. I believe that Parliament's involvement in the implementation of the Charter is undemocratic, even though the Charter itself represents a democratic document. Parliament's involvement in the implementation of the Charter is undemocratic because the power of the executive is strengthened at the expense of Parliament, and the power of the judiciary is strengthened at the expense of elected officials, although the clause continues to provide Parliament with a check on... half of the document ... of the executive is strengthened at the expense of Parliament, and the power of the judiciary is strengthened at the expense of elected officials, although, despite this, the clause continues to provide Parliament with a check on the judiciary.ReferencesBryden -Martin. Is the Canadian Charter of Rights and Freedoms undemocratic? Charter of Rights and Freedoms Kallen, Evelyn. (2010) Ethnicity and human rights in Canada. (3rd ed.) Toronto: Oxford University Press. pp. 240-270Kelly, James. (2007). Parliament and Bill of Rights: and unfinished constitutional revolution. Policy Options, 28 (02), 103-107.Makarenko, Jay. (2007). Parliamentary government in Canada: Basic organization and practices. Government and institutions.Russell, Peter. (2007). The despite clause: the Charter's homage to parliamentary democracy. Political options, 28 (02), 65-68.
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