Abstract
This paper explains how the Charter of Rights and Freedoms has given the judicial branch of government the role of 'Charter guardians' in Canada. The paper includes some notable cases that created the opinion that courts in Canada have become policymakers intruding on the role of the legislative. The author also discusses the notion of 'dialogues' between the levels of the Canadian government.

From the Paper
"The power to protect Charter rights has been entrusted to the judicial system, with Supreme Court of Canada justices calling themselves the "guardians of the Constitution". Due to vague and broad terminology used in the Charter, judges interpret and render decisions depending on context. Perhaps the notion that an unelected and an unaccountable entity wielding so much power portrays the judicial branch as an activist policymaker. The goal of this paper is to demonstrate that while the Charter increased instances of judicial policymaking, trust in these "activist" courts is high and its decisions are congruent with modern Canadian society. This will be achieved by first setting the stage with a brief history of the entrenchment of the Charter and the role of the courts; following up with arguments for judicial efficiency and the dialogue analogy between the judicial and legislature; as well as reviewing some of the critiques that the dialogue analogy draws.
"For a well functioning Canadian democracy, an effective distribution of powers between the executive, legislative and judicial branches of government must exist. However, since the Charter of Rights and Freedoms set out the country's fundamental values in the Constitution Act of 1982, a certain tension developed between the legislative and judicial branches. This is because the prevalent notion of parliamentary supremacy was being supplanted by constitutional supremacy. Spawning from this tension were questions pertaining on finding a balance between the needs and rights of society and that of the individual, as well as concepts of morality and democracy (Swann 2004)."

Tags:charter parliament, pierre elliot trudeau, supreme court of canada, dialogue analogy, canadian political life

Abstract
In 1996 Donald Marshall was convicted of fishing illegally. The case was appealed to the Supreme Court successfully on the basis of Marshall's Treaty Rights as a Mi'kmaq. This discussion outlines the facts surrounding the Marshall case, the Supreme Court decision on appeal and the case's role as a precedent. It outlines the implications of the Marshall case for Constitutional Law and Treaty rights across Canada.

Abstract
This nine page paper argues that the Canadian Charter of Rights and Freedoms is not anti-democratic, for it serves the vital purpose of safeguarding the political, social, economic, and religious rights and liberties of all Canadians, regardless of their ethnic heritage. The paper describes the history of the Charter of Rights and discusses the similarities between it and the Canadian Bill of Rights that existed prior to 1982.

From the Paper
"The Canadian Charter of Rights and Freedoms: An Analysis of Principles The Canadian Charter of Rights and Freedoms is not anti-democratic, for it serves the vital purpose of safeguarding the political, social, economic, and religious rights and liberties of all Canadians, regardless of their ethnic heritage. Despite the claims of its critics that it is anti-democratic, most of its content is not new or deserving of criticism, for before the Charter was put into effect in 1982, the Canadian Bill of Rights and related laws already protected many of the rights and freedoms that have been incorporated together into the Charter. (McDonald 2-5)"

Tags:rights, and, freedoms

Abstract
The objective of this paper is to evaluate what type of impact judicial review has had on Canada's representative democracy by tracing its evolution. Although it is tempting to focus closely on the more controversial and obvious relationship between judicial review and the Charter, this paper will endeavor to highlight the implications of binding adjudication on issues dealing with the distribution of legislative power since 1867.

Tags:judicial, review

Abstract
This paper discusses one of the world's most racially and ethnically diverse countries, Canada, and how they have officially tried to accommodate racial diversity. The paper then examines the case of "Clive Stevens and Robert Symister versus Lynx Industries," a case in 2005 of two black Jamaicans who were dismissed from Lynx Industries, allegedly for race-based reasons. It describes the background of the case, the ruling and its implications for diversity in Canada.

From the Paper
"From a personal viewpoint, Canada's multicultural character makes the avoidance and prevention of poisoned environments an absolute imperative. The nation, more than any other in the world, is a nation of immigrants and, both traditionally and historically, a melting pot. Canada's multicultural composition is protected and supported by a multicultural federal policy which seeks to ensure the continuation of racial harmony in the country. National legislature attempts to ensure the protection of racial harmony through various anti-discriminatory policies. Amongst these are policies and laws which, as noted in the essay, prevent and de-legitimize workplace discrimination. The reasons why they do so is because equality is not just a human right but it is one of the most fundamental of the human rights. As directly pertains to the protection of this right in the workplace, suffice to say that discriminatory employment practices have the potential to deny people the ability to earn a livelihood. In other words, it denies them the right to be independent and self-supporting, to provide for their families and ensure the well-being of their children. Indeed, the importance of employment equity and the avoidance of racial harassment and the tainting of the workplace environment with poisonous racial slurs, cannot be overstated."

Tags:multicultural race legislation policy tolerance, human rights

Abstract
Canada is, according to the last census, a country with a population of 32,078,819 people (Statistics Canada). This number has been increasing over the past 60 years thank to Canada's immigration policy. This paper examines the history of its immigration system and looks at two relevant case studies.

Outline
Knowledge and Understanding
Application
Two Canadian Cases: Leuce vs. Canada and Sanxhaku vs. Canada
Proposed Changes/Controversial Issues

From the Paper
"The next class is the Independent Class immigrants. These people usually apply at a Canadian Embassy in their country's capital in order to get an interview with a Canadian consul, and upon successful completion of that interview they may be eligible in getting a VISA for entering Canada. These applicant must be 19 years or older. Also they can choose their "destination" for Canada as there are different waiting periods (Quebec or Federal). (Department of Justice Canada). These applicants can be subdivided in another four classes: workers, entrepreneurs, self-employed and investors. They are accepted/rejected based on the point system. The last but not least class is the Refugee Class"

Tags:albania, policy, romania, sanxhaku, leuce

Abstract
This paper discusses the different institutions of Canada's Westminster Model of Government and how these institutions interact. The strengths and weaknesses of each institution, and the Westminster model as a whole, are discussed. The author also compares the Westminster model as it is used in the UK, to the model that has been adopted in Canada.

There is a bibliography, but no footnotes, or endnotes.

From the Paper
"The institutions of Canada's Westminster include a dual executive, consisting of the Prime Minister and his/her Cabinet. The legislature is comprised of two houses, the upper house being the appointed senate, and the lower house being the elected House of Commons. Canada's Westminster uses a Single Member Plurality electoral system, in which each constituency receives one seat in the House of Commons, and victory is achieved by a one vote lead. Canada's Judiciary is made up of a series of courts, with the Supreme Court reigning as the highest in the land."

Tags:bicameralism, canada, democracy, government, parliament, uk, westminster, executive, legislature, electorial, judiciary, houses, senate, commons, charter, canada, federalism, confidence, rules

Abstract
This paper argues that the special rights that Aboriginals are granted in Canada violate Section 15 of the Canadian Charter of Rights and Freedoms, which states that all individuals are to be treated equally, regardless of their race or ethnic origin. The paper argues that Aboriginals are one group of peoples among many other minority groups that make up Canada. It questions, therefore, why Aboriginals should be given special grants and privileges above everyone else.

From the Paper
"As well, in trying to establish successful colonies, the governments did impose assimilation on Aboriginals; however, Aboriginals were not the only ones subjected to assimilation. Indeed, assimilation and discrimination against certain ethnic groups and races is not a part of history that Canada is proud of, but at the same time it is not an aspect of history that applied only to Aboriginals. Blacks, Asians, eastern Europeans and Irish peoples are just a few of the many cultural groups that were subjected to discrimination upon their immigration to North America. Yet, it is only Aboriginals that are currently granted special rights and benefits in Canada."

Tags:freedoms, colonization, discrimination

Abstract
In North America, citizens have come to depend on their "rights". However, several cases over the past few years have begun to demonstrate that perhaps they have put too much faith in something that is covered in bureaucratic red tape. This essay shows that it takes more than just a written constitution to guarantee fair treatment and civil rights. It argues that the enactment of the Canadian Charter of Rights has not led to equality for all Canadians.

From the Paper
"The following court case is an example of the high financial cost of protecting your rights. An Ontario printer currently faces charges for choosing not to print "materials that promote and celebrate" a gay lifestyle (Lowes, 2001, p.1). Prior to these charges, Scott Brockie had never refused printing jobs from homosexual groups but when he was asked to print materials that promoted behaviors that were in conflict with his personal beliefs he declined. Brockie is fighting for the right to follow his own convictions and beliefs, a right guaranteed without exception in section 2A of Part I in the Canadian Charter of Rights and Freedoms (Canadian Charter, 1982). Originally convicted of discrimination and fined for $5000, Brockie appealed the court decision and has spent the last several years dealing with legal snares and one-tenth of a million dollars in legal fees."

Tags:communism, hildebrandt, hobbes, marx, montesquieu, nico

Abstract
This paper argues that capital punishment should never be reinstated in Canada, because too many innocent people have been hanged due to common human error, because capital punishment is uncivilized punishment, and because capital punishment does nothing to deter citizens from committing crimes.

Tags:incarceration, penalties, prison, punishment, sentencing, human, rights