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Multiculturalism And The Charter

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The issue of multiculturalism and the charter not only focuses on immigration but it also directs its attention to bilingualism. Again, using section 27 of the Charter, multiculturalism is used to protect language rights, which furthers complications between minority groups (Uberoi, 2009). When minority groups felt that their language rights were threatened, they used the charter against Canadians to further advance their own interest (Uberoi, 2009). These minority groups stated that “Canada’s nature was not bicultural, it was multicultural” (Uberoi, 2009). These groups marginalized the regulations of Canada in attempt to override individual freedoms to benefit their minority groups. As a result of the Charter, “Canada would go from a ‘Britain …show more content…
The Charter of Rights and Freedoms intends to emphasize induvial rights, however, often criminals guilty of crimes are determined as ‘not guilty’ because their rights have been infringed upon (Shanoff, 2012). An example of this is, “failure to obtain a warrant prior to search can lead to the inadmissibility of physical evidence” (Shanoff, 2012). Prior to the creation of the Charter in 1982, “none of this would have been possible” (Shanoff, 2012). According to the article, The Charter and Criminal Law “with minor expectations, courts did not take into account the manner in which evidence had been obtained” (Shanoff, 2012). This implies that evidence can be considered non admissible based upon the provisions of the charter, even if it proves the accused persons guilt, this can still result in the acquittal of a trail. According to the article Criminal Law Quarterly “the crown is denied the opportunity to respond to those interpretations of facts” if they undermine the regulations of the Charter (Watson, 1989). Therefore, the crown is often denied the ability to attempt to disprove the defense due to the individual rights of the Charter. Not only does the Charter have the ability to acquit guilty criminals, it also then places them back on the streets which therefore poses a threat to society. Many criminals have benefited as a result of the charter because “ the charter …show more content…
The Charter of Rights and Freedoms negatively impacted Canada, and that Canadians are still feeling these effects today. For these reasons, I have examined the Charter did more harm to Canadians than good. The Charter Rights and Freedoms affected the operation of trials along with judiciary powers, multiculturalism and criminal law rights, which undermined Canadas intended democracy and assisted in generating a centralized government. The Charter created new grounds for which evidence could be challenged and it gave more power to the judiciary. It also took away power from municipal officers by increasing difficulty for officers to do their job by placing limitations. The Charter also negatively impacted Canadian multiculturalism, by affecting bilingualism, immigration, the LGBT community and religious minorities. Many of these minority groups have voice their concern on how the Charter exploit them rather than protects them. Finally, the charter also posed a threat to Canadian Criminal law rights and criminals often get acquitted of horrific crimes on the basis on individual rights and freedoms. Therefore, the Canadian Charter of Rights and Freedoms does not benefit all Canadians and poses threats to Canadas intended democracy and assisted in generating a centralized

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