The Charter Of Rights And Freedoms - 1139 Words

The Charter of Rights and Freedoms was constructed to replace the Bill of Rights, 1960. In the 1960’s-1970’s Quebec was extremely discontent with being apart of Canada due to the language barer and being a minority. Many citizens in Quebec even wanted to separate themselves from Canada and form their own nation. Prime Minister Pierre Trudeau decided that the new charter in order to ensure the rights of people residing in Quebec. In order to do this Trudeau had to create an amending formula for the British North-American Act. This would grand Canada its independence from Brittan. After gaining independence Pierre Trudeau also included the new Charter of Rights and Freedoms. This charter created a great amount a controversy among many†¦show more content†¦The courts themselves contradict the democracy that is prided and practiced all throughout Canada by amending laws without consulting parliament. Finally a citizens rights and freedoms are only conditional and can be restricted by the court under interpreted circumstances. This paper will touch upon three main characteristics that contribute to the power and controversy of judges in the Supreme Court, through the selection process, undermining democracy and conditional rights and freedoms. The first controversial issue relating to the Supreme Court is its selection process. Canada is based off of both a written and unwritten constitution, this implies that the governor general does not appoint judges in Canada; instead federal and provincial cabinets advise him. (Kelly Manfredi, 2010, p.41-42). Although the cabinets can recommend potential judges, the Prime Minister ultimately chooses the judges in the Supreme Court. Having the Prime Minister appoint a judge causes a political bias within the court. Essentially a judge’s role within the court is to be politically fair and non-biased. With that being said when a judge is recommended; cabinets will ensure that the person appointed will have potential to benefit their political party. By having the power to change laws that conflict with the constitution, the government tries to hire a judge