“The Constitution of Canada is the supreme law of Canada and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.” The Charter of Rights and Freedoms is enshrined in Part 1 Of the Constitution Act of 1982.
The Charter of Rights and Freedoms protects us from the overreaching arm of the state and its agents, except to the extent that the encroachment on the rights enshrined in the Charter can be justified in a free and democratic society. As such, the Charter in Canada is designed to be a living, breathing document. In essence, the Charter governs the relationship between the state and individuals.
The police, as an example, are agents of the state through the enforcement of laws created by Federal, Provincial and Municipal levels of government. Police officers are vested with an enormous amount of responsibility, and an enormous amount of power to carry out those responsibilities. Police are given powers to stop, detain, question, search and arrest individuals. They are issued firearms and can use force, including lethal force, in carrying out their duties. Canadians come into contact with the police every day—whether as victims, witnesses, suspects, or simply as members of the public. How we are treated by the police, the rights we are afforded in these interactions, and the remedies we can expect when our rights are violated by those with power is a reflection of the health of our democracy. Police have unique powers in our society, including the ability to use force.
Question:
Regarding police roles in Canadian society, are the police responsible for upholding the Charter of Rights and Freedoms?
Instructions
With respect to the above question, think about the roles and responsibilities of the police in Canadian society and also consider the roles of the courts as it relates to the Charter. You should be thinking about how these two criminal justice entities interact within the justice system and with Canadians. What is the role of the police with respect to the Charter of Rights and Freedoms? Are they enforcing the Charter, are they guided by the Charter of Rights and Freedoms in their actions, or are they responsible for upholding the supreme law in Canada?
Write a minimum of three (3) to five (5) page APA essay (not including a cover and reference page) but no more than seven (7) pages.
