SSC206 Theoretical Issues in Crimonology

Human rights legislation in Canada was comprehended by 1977 with the sole aim of promoting equal allocation to opportunities. The Human Rights Act, outlaws discriminating against other persons based on their color, sex, age, gender identity, race, marital status, sexual orientation, disability, religion, a reformed convict, and genetic individualities (Fredman, 2016). The Act applies to individuals who are specifically working and receiving remunerations provided by the federal government; likewise to private institutions governed by the national government like banks and airlines; and lastly the First Nations (native people). Since every Canadian province has specific human rights legislation for application in hospitals and other entities locally, the Act is further categorized into three (Clément, 2018). Parts of Human Rights Include:

1. Illegal Discrimination
2. Human Rights Commission in Canada
3. General Requirements and actions of discrimination

Canadian values are defended by the human rights act by assisting girls and women globally to promote equality based on gender. There are also strong campaigns that push towards the complete elimination of discriminating LGBTI (lesbian, gay, bisexual, transgender, and intersex) individuals (Kahn et al., 2017).

The Canadian Charter of Rights and Freedoms refers to the free will and privileges that people of Canada esteem their role for a society that is democratic and free (Oliphant, 2015). The range of rights provided under the Charter of Rights and Freedoms is exponential. The Charter is very significant because it forms part of the Constitution in Canada. Nevertheless, the rights and freedom granted in the Charter may be nullified to pave way for more pressing national values and rights in certain circumstances. The Charter protects everyone dwelling in Canada from a new arrival, a permanent resident to a Citizen of Canada according to regulations and freedoms contained thither. The only exception contained in the Charter and limited to Canadian Citizens is the right to vote (s.3) and permission to enter, leave and remain in Canada at will (section 6).

As an eventual hopeful or current Canadian Citizen, explain the role of human rights legislation and the Canadian Charter of Rights and Freedoms in Safeguarding Canadian values. Describe in detail which CLO this is from your SSC 206G Course Outline and your personal comprehension and application of the Canadian Charter of rights and Freedoms.

Been a Canadian Citizen, the government has an obligation not to interfere in matters it has promised in the Charter that it will not deter me from conducting. Normally, the Charter is obligated to the national government concerning the freedoms and constitutional rights; therefore no direct application on individuals (Oliphant, 2015). However, decisions made at the courts of law in the past few years, have interpreted the section in Constitutional Act regarding the application of Charter rights and ruled that it applies to both federal government and institutions run by government such as public hospitals and universities. Moreover, laws made by the government are under the Charter and in some instances have tangible effects on entities that do not form part of the government. The relationship that exists between an employer and an employee exhibit certain labor codes and human rights user the provincial government; which are also in conjunction with the Charter in terms of freedoms and rights (Crudden, 2018).

Since the Charter includes only general statements on freedoms and rights as the document is very short, the Charter is susceptible to un clarity upon application to daily life activities. It is therefore necessary, to include the courts as interprets of the charters to provide clarity and eliminate contradictions of its meaning. The courts are of great importance in Canada due to the roles they play in policies and politics. For instance, when section 2b of the Charter states that every individual is entitled to freedom of expression; uncertainty is created on our minds on which expression is been referred to (Macklem, 2017). The courts, therefore, come in hand to clarify the matter by availing interpretations that result in various opportunities and limits that the government can act upon and policies. For instance in section 15 of the Charter, equality right; there is the existences of some local courts that argue that law made by the government on marriage been between male and female violate this right. As a result, Courts made rulings that denial of marriage among individuals of the same sex equals unfairness and discrimination and therefore made a policy that allows the same.     

Describe in detail your life and how the Canadian Charter of rights and Freedoms may carryover on you. You may add any items you feel pertinent to explain your case.

In my life, the Charter can carryover me in many and various ways. Fundamentally, the freedom of religion and conscience would enable me to freely change my religion at will both privately and publically without any obstruction. I would be able to observe, practice, and belief in particular teaching and engage in worship of my free will without been forced or hindered. The freedom of opinion, expression, belief, and thought would be very helpful personally since I can use the media as a platform to freely express myself and my ideas (Bielefeldt, H., Ghanea-Hercock, & Wiener, 2016). This freedom can also promote journalism due to freedom of communication and the press. Peaceful assembly freedom would enable me to engage in various activities I always wanted to engage in such as setting up parties at home and other activities with friends.

However, I mainly utilize this freedom by going to worship congregations and night vigil. Freedom to peaceful assembly guarantees the ability to freely associate with other persons by forming groups that are for education purposes, worshiping, or even exchanging ideas with people interacting with. Under the freedom association, I would be permitted to engage in various activities and work for hand in hand with other personnel to attain certain objectives (Fudge, 2015). The activities which I would be exclusively allowed to engage in include accompanying persons in their connotations; joining individuals who are in pursuit of freedoms contained in the Charter; joining a movement of people that intend to negotiate and bargain on their needs (Fudge, & Jensen, 2016). Apart from these forms as an association, others could be illegal and therefore I will not engage in any of them. I have the democratic right to vote since I am a citizen of Canada and also voted for upon imposing my interest to be elected into legislative assembly and House of Commons.

References

Articles

Bielefeldt, H., Ghanea-Hercock, N., & Wiener, M. (2016). Freedom of religion or belief: An international law commentary. Oxford University Press.

Clément, D. (2018). Human rights or social justice? The problem of rights inflation. The International Journal of Human Rights, 22(2), 155-169.

Fredman, S. (2016). Substantive equality revisited. International Journal of Constitutional Law, 14(3), 712-738.

Fudge, J. (2015). Constitutionalizing labour rights in Canada and Europe: Freedom of association, collective bargaining, and strikes. Current Legal Problems, 68(1), 267-305.

Fudge, J., & Jensen, H. (2016). The Right to Strike: The Supreme Court of Canada, the Charter of Rights and Freedoms and the arc of workplace justice. King's Law Journal, 27(1), 89-109.

Kahn, S., Alessi, E., Woolner, L., Kim, H., & Olivieri, C. (2017). Promoting the wellbeing of lesbian, gay, bisexual and transgender forced migrants in Canada: Providers’ perspectives. Culture, health & sexuality, 19(10), 1165-1179.

Macklem, P. (2017). Canadian constitutional law. C. Rogerson, J. Borrows, R. M. Elliot, J. F. Gaudreault-DesBiens, D. Greschner, J. Leclair, ... & H. Stewart (Eds.). Emond.

McCrudden, C. (2018). Litigating religions: an essay on human rights, courts, and beliefs. Oxford University Press.

Oliphant, B. J. (2015). Taking purposes seriously: The purposive scope and textual bounds of interpretation under the Canadian Charter of Rights and Freedoms. University of Toronto Law Journal, 65(3), 239-283.

Online exams can be a pain in the head. But, you needn’t worry since our online exam help is here at your disposal. No matter how tough the questions are, we have the right team of experts to help you out. The team guides you through all the questions are you struggling to find an answer to. We will provide you with credible study and research material as well, depending on the question. Besides online exam help, we also provide unmatched quality essay writing services and custom writing assistance. You can also hire qualified ghostwriters from our team and get rid of all academic burdens easily.