By-Laws Essay

561 WordsMay 5, 20133 Pages
By-laws are a type of subordinate legislation created by a municipality. There are various types including regulations, by-laws, ordinances, statutory instruments and Orders-in-Council. Parliament and the legislatures are not always able to monitor all of their legislation to make sure that it is up-to-date and effective. They often set up a basic structure but allow other persons such as government ministers to create particular regulations without the need to go through the entire legislative process; this is known as subordinate legislation. The Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It was introduced in 1982 as Schedule B to the Canada Act 1982. The Charter guarantees certain political and civil rights of people in Canada from the policies and actions of all levels of government. It is a constitutional document and is part of the supreme law of the land. Good. Any law that is inconsistent with it has no force or effect. Section 32 describes the basis on which all rights can be enforced and confirms that the Charter is binding on the federal government, the territories under its authority, and the provincial governments. According to section 2 of the Charter, everyone has the following fundamental freedoms: a. freedom of conscience and religion; b. freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; c. freedom of peaceful assembly; and d. freedom of association. One of the most important types of subordinate legislation includes municipalities. Municipalities enforce their by-laws through their own investigations and by acting upon complaints from the public. A by-law is only enforceable within the jurisdiction or area that the municipality covers. Although the province can create municipalities, the provinces may only

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