The Canadian Charter: A New Era or More of the Same?


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Essay #: 071426
Total text length is 12,194 characters (approximately 8.4 pages).

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The beginning:
The Canadian Charter: A New Era or More of the Same?
Some have hailed -- or deplored -- the Canadian Charter of Rights and Freedoms as ushering in a new age of respect for civil liberties in Canada. Others assert that it has had no such effect, and this second opinion seems closer to the situation that now obtains. Because of its particular limitations, in most cases the Charter has functioned more to codify what had been usual practice rather than to stake out new claims. It lacks the absolutism of the United States Constitution and Bill of Rights, usually giving not a straight "yes" or "no" but a highly qualified "maybe, maybe not."
Below we shall discuss some examples of the soft-edged approach of the Charter, which invites abuse by its...
The end:
.....ruggle for civil liberties. Indeed, its greatest contribution lies in the ubiquitous and ironic illusion that the Charter has granted absolute rights. What the Charter really contains is the same old legislative supremacy as is found in the British system, covered by a universalizing coat of paint that has succeeded in deceiving many observers.
Hogg, P. W., Thornton, A. A. B., & Wright, W. K. (2007). Charter dialogue revisited -- or "Much ado about metaphors." Osgood Hall Law Journal 45(1), 1-64.
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