ANSWERS: 2
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Of course. So do most nations, regardless of how they are governed. A law is worth no more than the paper it is printed on, unless there is some mechanism, supported by the government, to enforce such declarations. Unless such laws have the active support of the government, they are worse than useless. The mere existence of a law means *nothing* without enforcement. Laws also exist that are divisive in nature, providing different elements of society with different basic rights. A prime example are the apartheid laws imposed by the former regime in South Africa. In Canada, such rights are outlined in the Canadian Charter of Rights and Freedoms, adopted in 1982, replacing earlier statutes. The Charter guarantees the following kinds of rights: - Fundamental rights (e.g., freedom of speech and religion). - Democratic rights (e.g., the right to vote and have regular elections). - Mobility rights (e.g., the right to move and work anywhere in Canada). - Legal rights (e.g., the right to a fair trial). - Equality rights (e.g., freedom from discrimination). - Language rights (e.g., the right to speak in either official language). The Charter is comprised of the following sections: - Part 1: -- Guarantee of Rights and Freedoms. -- Fundamental Freedoms. -- Democratic Rights. -- Mobility Rights. -- Legal Rights. -- Equality Rights. -- Official Languages of Canada. -- Minority Language Education Rights. -- Enforcement. -- General. -- Application of Charter. - Part II: -- Rights of the Aboriginal People of Canada. - Part III: -- Equalization and Regional Disparities. For example, the Fundamental Freedoms are: I:2(a): Freedom of conscience and religion; I:2(b): Freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communications; I:2(c): Freedom of peaceful assembly; and I:2(d): Freedom of association. Reply: The mechanism of enforcement is not limited to the narrow description cited. It occurs at numerous levels, starting with checks and balances when laws and regulations are drafted, enforcement by various agencies, the regular court system, the appeals court, the provincial Supreme Courts, and, finally, the Supreme Court of Canada. It is at the federal Supreme Court where fundamental issues related to Charter law are ultimately decided. Any trial, juried or otherwise, can be overturned on appeal. Cases concerning Charter law frequently shift from one balance to the other, as each level of the courts examines the issues. It is also the tendency of juries to follow existing law, rather than demand changes to it, except under extraordinary circumstances. Very few new laws and regulations are created that are in violation of the Charter. Having been involved in this process first-hand, albeit in a limited way, I can say that a great deal of care is taken to ensure compliance with the Charter. Exceptions occur, but these are infrequent. The majority of Charter cases involve laws and regulations that were created prior to the adoption of the Charter in 1982. While these laws are required to come into compliance with the Charter, it is a time-consuming process, given that every law in the country that predates the Charter may be subject to individual examination.
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Well, we have something called the "Canadian Charter of Rights and Freedoms." See "Fundamental Freedoms" for your answer. http://laws.justice.gc.ca/en/charter/
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