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Charter Influence on Canadian Politics

 

            Ever since the Charter came into effect in 1982, it has had major impact on Canadian politics and law. The Charter allows the judicial and legislative branch to be transparent and able to be holding each other accountable. Many would argue that the charter has given court's infinite powers and they control the legislative branch. However, the courts perform a policing function for legislations to see if they violate the master law, the Charter. Therefore, if the legislation branch does their " first order Charter duties" properly, which is charter proofing their laws, they will not go for review with the Supreme Court of Canada (Maclvor 138). Each branch of government has their own responsibilities to pursue and they have different resources to achieve them. For example the, the judicial branch's responsibility is to protect the rights and freedoms of individuals where the legislation branch has to make laws to tackle down social issues (Maclvor 142). Each branch has their own resources to help them with their responsibilities, for instances the Legislative Branch have Department of Justice and Standing Committee. Both of these committees work for the government helping doing research and formulating legislations as well charter-proofing legislation so they don't go violates the rights and freedoms of Individuals (Maclvor 142). The Charter has allowed for democratic dialogue between both branches of government, allowing for constructive conversations and legislative sequels. Legislative sequels are laws made by the legislative branch responding to a decision by the Supreme Court of Canada. Sometimes the legislation can support the court's decision or go against it. (Maclvor 143). We will be examine two cases to see how the Charter has made Canada a fairer and more open society, both cases are different in the way the legislative branch had responded to the court's decision.


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