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Canadian Charter of Rights & Freedoms

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This study will argue that the Canadian Charter of Rights and Freedoms does not guarantee full citizenship rights, as those rights are defined by T.H. Marshall in "Citizenship and Social Class." The socioeconomic inequalities of the society prevent the guarantee of such rights, because the Charter does not remove "illegitimate forms of inequality." To believe that the rich and powerful politicians who authored the Charter truly intended to do away with such inequalities is hopelessly naive.

Marshall argues that civil rights, political rights and social rights are necessary for true citizenship and for the promotion of equality. Civil rights include "rights necessary for individual freedom--liberty of the person, freedom of speech, thought and faith, the right to own property and to conclude valid contracts, and the right to justice." The political element refers to "the right to participate in the exercise of political power, as a member of a body invested with political authority or as an elector of the members of such a body." The social element includes "the right to a modicum of economic welfare and security" and "the right to live the life of a civilized being according to the standards prevailing in the society" (Marshall 396). The institutions associated with these three categories of rights, says Marshall, are the courts (civil rights), Parliament and local councils (political rights), and the educational system and social services (social rights).

. . .
oundly reduce the meaningfulness of such affirmative and optimistic declarations as those of the Charter and Marshall. For example, Gail Starr writes, "the freedoms protected by section 2 presuppose co-operation and community of purpose. Were it otherwise, freedom of the press (even as a concept) would indeed be limited to those who own one" (Starr 133). However, as much as any citizen might have access to the letters to the editor section of the paper, the impact of the voice of the average citizen cannot be compared to the impact of the few powerful newspapers in any area of the nation. The inequality of press (plus TV and radio) versus citizenry is even greater when we consider the poorer citizens. Any citizen can get on a soapbox and speak their mind, but this is meaningless compared to the voice of any major media outlet, which is owned and operated by the rich and powerful and which expresses the views of the rich and powerful. These views invariably support the establishment, the status quo, and render additionally meaningless the tiny cries of any poor person who happens to muster a protest in the wilderness. Similarly, whether the Charter guarantees the rights of property and contracts, is there any doubt that the rich
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Approximate Word count = 1644
Approximate Pages = 7 (250 words per page)

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