Canada Constitutional Reform Research

Document Type:Research Paper

Subject Area:Politics

Document 1

The constitution refers to a document that contains the fundamental rules that govern the conduct of a country through the description of functions as well as powers of the government and the description of the rights and duties of the citizens. In this light, the Constitution has some functions that make it relevant for the administration purpose. Firstly, the constitution has the function of establishing the values and ideals in a State. These ideas and values comprise of liberty, democracy, equality, and justice among others. Secondly, the Constitution has the function of showing the direction for the State government hence it is a blueprint for governance. Through this, the government can reach their goals through avoiding disputes. Thirdly, the Constitution avails to the citizens their rights and makes them duty-bound. Some of the rights that the Constitution gives the citizens include economic, political, social and cultural rights which the government cannot withdraw from them. Last but not the least, the Constitution establishes a link between the state and the citizens hence it reduces conflict between the authority and the citizens. Therefore, it is important to carry out constitutional reforms since they help to adjust the constitution to fit the current context and protect the rights of citizens. The Canadian Constitution has some principles that make it functional. The principles include federalism, popular sovereignty, checks and balances, separation of powers, judicial review and limited government. These principles are reflected in various instances of executions of the Constitution. Reforms have a significant role to play in ensuring that the government performs as expected and the citizens abide by the rule of law.

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The paper will focus on Canadian constitutional reforms and will depict why it is important to carry out such reforms. For instance, Canadian Federalism has been under discussion for a long time whereby some people champion for reforms while other are against reforms in federalism. There is need to carry out reforms as they will make the constitution more relevant to the modern world and they will also help in eliminating clauses from the constitution that tend to limit its effectiveness. Thus, constitutional reforms are essential and should be carried out often. These reforms play a role in protecting human rights and improve on democracy. There is need to improve on the rights charter as it will pave way human rights protection. Under such a political framework, it was not long before disagreements and calls for reform began.

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The French-Canadians, for instance, who mainly lived in Quebec, pointed out that the Constitution facilitated discrimination against them and their interests. Indeed, while they may have been able to control what they could do in Quebec based on their majority; whatever they could do was subject to a federal parliament with few French-Canadian members (Brooks 240). This is a situation that has even resulted in an attempt by Quebec to secede from Canada (SCC, 1998). Similarly, Canada’s western provinces complained that eastern bias in the federal parliament for pro-manufacturing as opposed to agricultural friendly policies was adversely affecting how they developed, as well as the extent of their development. Health sectors, for instance, has lagged behind and this is the reason why the number of deaths is increasing in the country. Budgetary allocations do not meet the needs of the health sector, and this has contributed to poor performance due to insufficient funds that are available.

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This should be given a priority and take into consideration of the vulnerable communities by ensuring that they have access to Medicare. Thus, reforms should meet the needs of the poor and provide a platform for better Medicare access. The education sector is also essential, and access to education by all should be a priority in the amendments. Thus, it is essential to solving this problem, and for the judicially to be respected and be independent there is a need for supreme court reforms. The reforms are meant to protect and preserve the judicially. In reforming the supreme court, it is essential to ensure that the supreme court Act incorporate new reforms and they are approved. The process through which the judges are appointed should be changed to follow a new procedure that is clear and involves public participation.

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Appointment procedure is essential since it determines the type of judges that will be in office and this is the perfect stage where corrupt and biased individuals can be eliminated from the judicially. Also, rather than the executive or legislative branches having a say in what is the proper or improper exercise of these rights, the reforms again place the courts as the final arbiter and protector of the rights of the people. Lastly, after a long process, the constitutional reforms repatriated Canadian authority over its Constitution (CBC). That is to say, that the constitutional reforms now allow Canadian to amend their constitution on their own without the need to first get approval from the British parliament. While the ability to amend the Constitution is far from a simple process; the process is nevertheless completed Canadian.

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The positive political benefits of this reform are that Canadian have given themselves the power to control their political fates. Time for Boldness on Senate Reform, Time for the Trudeau Plan. Constitutional Forum 2015, 61-64. Frank, Iacobucci. The Supreme Court of Canada: Its history, powers and responsibility. The Journal of Appellate Practice and process, 2015, 11-78.

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