Essay Assignment –  Canadian Charter of Rights and Freedom

Essay Assignment –  Canadian Charter of Rights and Freedom

Sources:                                  1) Robert Bork, Neutral Principles and Some First Amendment Problems; – source provided via attachment

2) Dworkin, Taking Rights Seriously; – source provided via attachment

3) Hogg, Charter of Rights – source provided via attachment

4) Mandel, The Charter and Democracy- source provided via attachment

Due Date:                               January 5, 2020

Format and Length:             8 pages long, excluding title page, double-spaced, properly cited in APA.  DO NOT USE ANY OTHER OUTSIDE SOURCES THAN THE ONES PROVIDED VIA ATTACHMENT.

Question:                                Section 2 of the Charter of Rights and Freedoms protects what the Charter calls ‘Fundamental Freedoms.’  Included in section 2 are guarantees of freedom of expression and freedom of religion.

(1) In what way are these freedoms, as opposed to other rights and freedoms protected by the Charter, fundamental? (2) In what way are these freedoms, as opposed to other rights and freedoms not protected by the Charter, fundamental? (3) Does an understanding of the fundamental nature of these freedoms help us in any way to explain how Canadian courts have decided cases involving freedom of expression and religion in Section 2?

You must answer the above question, which is essentially broken down in 3 questions, in essay format.