“There is a growing consensus that the rule of law is under threat” See how Canadians are making a difference The Canadian Constitution is the regulation that defines the powers of government and the rights of the people. It tells us how we want to govern ourselves and structure our society. The Constitution contains the Charter of Rights and Freedoms (often referred to as the “Charter”). The Charter lists the most important rights and freedoms of Canadians. “Although Canada is founded on principles that recognize the supremacy of God and the rule of law.” So what is the rule of law? Let Justice Watson tell you. The law affects almost every aspect of our lives every day. We have laws to deal with crimes like robbery and murder. And we have laws that govern activities like driving, working and getting married. Laws give us rules of conduct that protect everyone`s rights. The rule of law means that the law applies equally to everyone.
No one is above the law. Our politicians, police officers and wealthy individuals must all obey the law. Under the rule of law, Canadians have a responsibility to respect the law, even if they disagree with it. This means that you must obey a law, even if you don`t like it. “I`ve only had legal ideas throughout my adult life, so it`s been easy to be mesmerized by the concept of the rule of law throughout my life,” Justice Watson said. The rule of law means that we recognize and accept that we need laws to regulate society. We must find a way to live together peacefully. Laws exist to help us do that. The rule of law is a fundamental principle of Canadian democracy. The Charter states that the rule of law is one of the principles on which Canada was founded. In fact, the veteran judge, who earned his law degree at the age of 21, says the rule of law is “almost the key” to his whole mentality, and he`s very enthusiastic about it. Everyone in Canada has legal rights.
Here are some of your important legal rights: Justice Watson said that the crucial values that the rule of law primarily reflects are the main elements of constitutionalism: federalism, democracy, rights and freedoms, and equality. And within those core values, there are things like the golden rule: treat others the way you want them to do to you. Private law sets the rules between individuals. It is also called civil law. Private law settles disputes between groups of people and compensates victims, as in the example of closure. A civil case is a lawsuit that settles private disputes. Laws are rules promulgated by the government that prohibit certain actions and are enforced by the courts. The laws apply equally to everyone.
If you break a law, you may have to pay a fine, pay for the damage you caused, or go to jail. In Roncarelli v. Duplessis,  S.C.R. 121, the Supreme Court of Canada held that the Premier of Quebec acted arbitrarily and in good faith in ordering the suspension of a liquor licence granted to Mr. Roncarelli for his support of members of a religious denomination and not for reasons related to liquor licence legislation. The rule of law guarantees citizens and residents of the country a stable, predictable and orderly society in which they can manage their affairs. It provides a shield for individuals against arbitrary state actions. A good example of how the rule of law works in Canada is explained by Justice Watson with the analogy of a lone driver at an abandoned intersection in the middle of the night, patiently waiting for the red light to turn green even if there is no one there.
This illustration highlights the deep respect most Canadians have for the rule of law, both in theory and in practice, and shows their understanding of the value system and their tolerance for being part of the social contract that binds us all. In law, the rules that determine the political and legal organization of a state. The power and authority of governments, legislative bodies and courts, as well as their limits, all derive from the Constitution. In Canada, there are two main constitutional documents, the Constitution Act, 1867 and the Constitution Act, 1982. The Charter of Rights and Freedoms is part of the Constitution Act, 1982. Public law lays down the rules governing relations between the individual and society. If someone breaks a criminal law, it is considered an injustice against society. The ultimate and ideal form of rule of law is found in democracies like Canada and reflects the best quality of the rule of law, which is consensus, he says.
“We accepted that. We signed it. And we sign it every day. “The Golden Rule is part of our rule of law. But as with democracy and federalism, a structure for rights and freedoms in our constitution is one of the ways in which we examine and strengthen the rule of law in our society,” Justice Watson said. The “rule of law”. refers to a principle of governance according to which all persons, institutions and bodies, public and private. are responsible for the implementation of laws that are publicly promulgated, equally applied and independently determined, and that are consistent with international human rights standards.
It also stresses that every society and organisation has a form of rule of law, even those that do not share our democratic values. But the rule of law that exists in these countries is a “miserable, thin and weak” rule of law.