Please note! This essay has been submitted by a student.
Have you ever wondered what the Justice System would have looked like without the Charter of Rights and Freedoms? There is often a blank area in the Justice System that lets us know what is fair and what is not. My essay will explain what the Charter of Rights and Freedoms is, and what the justice system is. I will also tell you what the impact the Charter has on the Justice system and how it has made it better. Along with my statements, I have included some research I found to back up my topic and show you just how much our world has changed for the better, all because of the Charter of Rights and Freedoms.
The Charter of Rights and Freedoms was created April 17th 1982, to unify Canadians around a set of principles. It sets out rights and freedoms that Canadians belive is necessary in a free democratice society. It is a part of the Canadaian Constitution which is a set of laws containing basic rules about how the country operates. It makes sure that the government doesn’t take away our rights and freedoms. It was made to be a powerful force for protection, compassion and fairness to influence our country by showing the laws and policies. When something is to be added to the Charter, Queen Elizabeth the second signs each rule to mark down what is fair to everyone and what is not. After she decides whether it should be added, she signs off and a new bill is in order. The Charter was proceded by the Canadian Bill of Rights which was enacted in 1960. The bill was enacted to take a stand toward discrimination baced on someones colour or racial orgin. The Charter of Rights and Freedoms then took a stand. It made it that everyone is treated fairly no matter where they come from. It states that everyone has the right to express their religion and to be protected in the eyes of the law, unless otherwise. It also protects every Canadian from infringements, policies or actions from the government, including police until truly guilty. This is followed everywhere in Canada no matter what building or environment you are in. Every school, home, and restaurant needs to make sure there is no discrimination or any harm to the citizens of Canada. This lead to many more changes including the justice system and how we look at the laws.
The Justice System is a set of agencies and processed made from the government to control the crime and state penalties for the people to do not follow what it says. Every country has their own justice system, all stating different laws and rules to follow. Although we might have some of the same laws, every country has different rules to follow for their land. The Canadian Justice System was made to guarantee everyone under the law. The Justice System is a set amount of laws to help ensure a safe and peaceful society, and to give us rules of conduct that protect everyone’s rights. The Canadian Justice System balances individuals rights as members of our society. For example, everyone has the right to drive after a certain age. But to do so, you have to know and follow the rules and laws of the road. The legal system is based off of a heritage that says the rule of the law, freedom under the law, democratic principles and Due process. The Due process is the principle that the government must respect all the legal rights someone has under the law. The Justice System is created on the presumption of innocence in criminal situations. Which means the famous saying, innocent until proven guilty. With the justice system, the police must state the laws and follow them as well. When someone does not do so, the courts settle the dispute to provide order in the society and keep a peaceful way to settle it. If someone violates the law three steps would happen; first, a report. If or when someone has broken a law it must be reported to the police for further information. The second step would be the investigation. After the report, the police will then have to look in to the situation and get all the information they will need before going to the third step which is arrest. If the police find the suspect and get him or her into custody. They will have to write a report stating what happened and send them to court to find out what happens from there. In court they will have to show all details and evidence to state whether the suspect is guilty or not guilty. After the jury decides, the judge states his or hers punishment.
The Justice System was made around the Charter of Rights and freedoms. The Charter tells us our rights, where the Justice System tells us what not to do and what will happen if we do not follow the laws. Without the Charter, we would still have discrimination in our everyday life without any action from the government. After the Charter stated that everyone has the right to be who they are and to be treated fairy no matter what race they are or what religion they practice; It made Canada a more peaceful and safe place to live. The Justice System created the laws to protect our rights that are stated in the Charter of Rights and Freedoms. Without the Charter our everyday lives would not be the same. We today have the right to get a lawyer after arrest to fight against the charges we face. This is because the Charter says we can. If without it, we would be arrested and put away without any say. Back in 1776-1820, kids the age of 7 and up were all treated the same in the eyes of the law. This meant that kids as young at 7 wered arrested and convicted of any crimes they may or may not have commited. They were looked at and treated like adults, and had the same penalties everyone else did. They would have to be in the same prison as actual murders and rapists of all ages. As time went on they changed the system and made sure that they became fair and less biased. They did not think of the peoples lives they were admitting. The way they dealt with things back then was to think without care, and that would not go over well if happened today. This all changed when people believed that kids should be treated with care, and not only that, everyone else too. Which leads to the Charter.
Since the Charter is apart of the Constitution, all laws must be around the same set of rules; if not, they may not become valid. Because the Charter is apart of the Constitution, it is the most important law in Canada. The Charter made sure that within our laws, we still have a right to our freedom. This although, could be limited when it comes to things like hate propaganda and child pornography. In the Charter it states that some of the Charter’s rights can be limited, to keep others safe. Because of this, our society became a friendly place to live for anyone who enters. The law states a freedom of speech, so that way everyone here is welcome to their own thoughts and beliefs. The Charter says the same. We are intitled to be who we are without any repercussions to it. If anything were to happen, depending on the situation, the Charter has your back to protect you from any unfair treatment that might come your way. The impact the Charter had, was to make the Justice system more fair. It changed they way crime is looked at and investigated. Everyone is innocent until proven guilty. It has also changed the way the Due process is valued in todays society. The Due process is the fair treatment in the normal justice system, looking at the citizen’s entitlement. It complements the Justice System and the law permits all in one, making sure that everyone gets treated the same. Although it has made a big impact on how we look at things today, the law does make the rules and it cannot fall back on the Charter for everything. The majority of it is based off of what is right and wrong which is stated in the Charter; but the law makes sure everyone in Canada is safe. Because of this, the government is allowed to break whatever necessary to protect the people.
Overall the Charter of Rights and Freedoms made the Justice System a lot better and made Canada a safe and welcoming place for everyone. Without either, we wouldn’t be able to be who we are and have to almost fight to survive and protect ourselves from whatever can hurt us. Canada has been known to be a multicultural country who accepts everyone for who they are, and makes sure we are all treated fairly. It makes sense why we are voted one of the most kindest countries in the world, and now we know why.