The Canadian Charter of Rights and Freedoms

However, per Section 1 of the Charter, these rights are subject to certain limitations that may be prescribed under the Law ensure that democracy is preserved (Roach, 2005). Moreover, as laid out under Section 33 of the Charter, legislatures will be accorded the privilege of overriding the rights embodied in the Charter in some instances, notwithstanding the protection accorded to them (Roach, 2005). This has fuelled the controversy between Courts and legislatures over the treatment of rights and there have been allegations that the provisions of the Charter do not adequately protect individual rights.3. Are the civil rights of Canadians being restricted in the Charter? At the outset, it must be stated that the provision of absolute civil rights is not a realistic goal. In a country that is not under dictatorial rule, it is sometimes necessary that certain individual civil rights be curtailed or restricted to preserve and protect the democratic framework. Therefore the restrictions that exist under Sections 1 and 33 are perfectly reasonable and necessary to protect freedom and democracy of the many. There are also specific examples that may be cited to demonstrate how the Charter does provide for flexibility in application.One controversial area where the protection offered by the Charter has been claimed to be inadequate has to do with aboriginal languages, vital to the preservation of aboriginal culture. The provisions of the Charter recognize only English and French as the official languages of the country, used in Parliament. But this cannot immediately be construed as a discriminatory measure against aboriginal languages. Section 22 of the Charter clarifies that nothing in the Charter is to be construed as limiting or diminishing the legal and customary privileges associated with other languages.