The Canada Charter of Rights

Paper Summary:

This paper explains that the patriation of the Constitution of Canada in 1982 allowed the Charter of Rights to play an increasingly important role in the Canadian political process, permitting the revision and elimination of many existing laws. The case of Dr. Henry Morgentaler v. the abortion laws of the Crown., the author states, is an example of this situation. The paper then presents a brief outline of the Constitution, the Canada Charter of Rights and the specifics of this case.

From the Paper:

"The aforementioned case before the nation in which the Charter of Rights has directly affected the Canadian political process within the framework of the Constitution is that of Dr. Henry Morgentaler v. the abortion laws of the Crown. For the past twenty years Dr. Morgentaler has been attempting to operate abortion clinics in various major Canadian cities. His efforts continued until January 29th, 1988 when the Supreme Court of Canada, in a five to two decision, overturned the then present abortion laws."

Sample of Sources Used:

• THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS.
• THE CONSTITUTION AND YOU, The Government of Canada, Published by the Minister of supply and Services, 1983.
• THE CHARTER OF RIGHTS AND FREEDOMS: LEGAL RIGHTS COMPILED BY BRUCE CARSON, 10 November 1983, revised 22 May 1987.
• INTRODUCTION TO CANADIAN POLITICS AND GOVERNMENT, White/Wagenberg/Nelson, Published by Holt, Rinehart, and Winston of Canada, Ltd., Toronto 1985 Fourth Edition.
• COURT RULING SHOWS CHARTER'S POWER, Ken MacQueen, Southam News, 29 January 1988.

More papers on The Canada Charter of Rights:

• Analytical Essay # 69847 : "Charter of Rights Cases in Canada"
• Research Paper # 85487 : "Canadian Charter of Rights and Freedoms "
• Argumentative Essay # 131227 : "Canada's Charter of Rights and Freedoms: Good or Bad?"

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