Know Laws, Know Justice

BY: BRITTNEY CHANNER

Hello Readers!

For this edition, I thought it would be fun to learn some exciting facts about some of Canada’s laws and what better way to begin then with the Charter of Rights and Freedoms. Some of you may remember me discussing the Charter very briefly a couple of entries back, however, today I decided to strictly focus on the Legal Rights portion of the law; specifically in section 7. The Charter of Rights and Freedoms are a set of laws containing the basic rules about how our country should operate. It sets out particular rights and freedoms that we as Canadians believe are necessary for a democratic and free society. Some of the rights and freedoms that exist within it are the following:

• The right to live and seek employment anywhere in Canada
• The right to a democratic environment
• Aboriginal people’s right
• Legal rights of persons accused of crimes
• The right to use either of Canada’s official languages
• Freedom of expression

There are much more rights and freedoms expressed within this document, but I decided just to name a few. However, focusing on the legal rights that are entrenched within this law is important to know should a situation. Any person in Canada whether it be a Canadian citizen, permanent resident or a non-resident has the rights and freedoms contained within the Charter. Nevertheless, the legal rights portion, which is found in section 7 of the Charter, is a constitutional provision that protects an individual’s autonomy and personal legal rights from actions of the Canadian government.

Contained in section 7, are three types of protection which consist of the right to life, right to liberty and security of person. In addition, sections 8-14 of the Charter contains more rights that protect us when we are dealing with the justice system. They make sure that those who are involved in legal proceedings of any nature are treated fairly, especially pertaining to those who are charged with a legal offense. When breaking down the idea of life, liberty and the security of person, it stresses that governments respect and acknowledge the principles of justice in regards to criminal matters because a person who is accused in a serious criminal matter, faces a risk that, if found guilty, her or her liberty as promised in section 7 will be lost. The right to liberty essentially protects an individual’s freedom to act without physical restraint which has now been reformed to include the power to make important choices.

The right to life as stipulated within the Charter is self-explanatory in the sense that it stands generally as the right to be alive. The right to life has been debated continuously over the years stemming from the debate that individuals should be able to make the choice if they wanted to relinquish the right to live. In 1993, the case of Rodriguez v British Columbia discussed the idea of self-assisted suicide and questioned whether it went against the Charter. Sue Rodriguez brought forth the argument that the section 7 right to security of person or right to bodily control could trump the right to life and therefore justified assisted suicide. Her request was denied by the Supreme Court of Canada.

The right to security of the person consists of rights to privacy and of the body regarding its health and the psychological integrity. This right protects against government inflicted harm which includes stress, to the overall mental state of the individual. An example of this right used in law was the R v. Morgentaler case of 1988 which brought forth the issue of abortion to the limelight. Henry Morgentaler challenged the abortion law by stating that it breached women’s security of person by threatening their health. After the completion of this case, abortion was then legalized in Canada.

It is important that everyone know the contents of the Charter of Rights and Freedoms as it amplifies our awareness of its significance in our lives on a daily basis. Familiarizing one’s self with the Charter is important because it is a part of the Constitution, which is the supreme law of the land, and because of this, governments must try to ensure that all new laws are consistent with the Charter. At this point, if you haven’t opened Google yet to read and educate yourself of the Carter, I urge all of you to begin; it is definitely worth the knowledge.

References:

Government of Canada. (2017, October 24). Your Guide to the Canadian Charter of Rights and Freedoms. Retrieved from Government of Canada: https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html#a2