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The Rule of Law and the Courts
Canadian government is based on a respect for the rule of law. Canadian
citizens can count on a society based on law and order. They can count on the
law being applied equally and impartially. They can also expect that the actions
of a government will be grounded in some legal authority. If governments break
the law or exercise powers the law has not given them, they can be challenged in
the courts, presided over by an independent judiciary.
Independent judiciary
Impartial courts depend on an independent judiciary. The independence of the
judiciary means that judges are free from outside influence, and notably from
influence by the executive. The British North America Act, 1867 provided
that judges, although appointed by the Crown, could only be removed if both
Houses of Parliament so requested. This remains the case today.
Canadian Charter of Rights and Freedoms
Canada’s courts also enforce the Canadian Charter of Rights and
Freedoms.
The Charter, contained in the Constitution Act, 1982, guarantees:
- democratic rights (the right to vote in an election of members of the
House of Commons and the provincial legislative assembly and to be qualified
for membership therein)
- freedom of conscience, religion, thought, expression, peaceful assembly,
and association
- the right to live and work in any province
- legal rights (for example, the right to a fair, reasonably prompt, public
trial)
- equality rights (in particular, protection from discrimination on grounds
of race, national or ethnic origin, religion, sex, age or mental or physical
disability)
- minority language education rights.
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