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Canadian Bill Of Rights
The ''Canadian Bill of Rights'' () is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian common law.Joseph E. Magnet''Constitutional Law of Canada'', 8th ed., Part VI, Chapter 1, Juriliber, Edmonton (2001). URL accessed on March 18, 2006. The ''Canadian Bill of Rights'' remains in effect but is widely acknowledged to be limited in its effectiveness because it is a federal statute only, and so not directly applicable to provincial laws. These legal and constitutional limitations were a significant reason that the ''Canadian Charter of Rights and Freedoms'' was established as an unambiguously-constitutional-level Bill of Rights for all Canadians, governing the application of bo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Canada
The Parliament of Canada () is the Canadian federalism, federal legislature of Canada. The Monarchy of Canada, Crown, along with two chambers: the Senate of Canada, Senate and the House of Commons of Canada, House of Commons, form the Bicameralism, bicameral legislature. The 343 members of the lower house, the House of Commons, are styled as Member of Parliament (Canada), ''Members of Parliament'' (MPs), and each elected to represent an Electoral district (Canada), electoral district (also known as a riding). The 105 members of the upper house, the Senate, are styled ''senators'' and appointed by the Governor General of Canada, governor general on the advice of the Prime Minister of Canada, prime minister. Collectively, MPs and senators are known as ''parliamentarians''. Bills may originate in either the House of Commons or the Senate, however, bills involving raising or spending funds must originate in the House of Commons. By Constitutional convention (political custom), cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Religion In Canada
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference. According to the 2021 census, Christianity is the largest religion in Canada, with 53.3% of the population (more than half of these are Roman Catholic); one third of Canadians stated that they were irreligious or had no religion. In 2023, the country was scored 3 out of 4 for religious freedom; it was noted that in 2019, a new law was put in place stating that some government employees in positions of authority were not allowed to wear religious symbols. Legal framework Constitutional rights The " Fundamental Freedoms" section of the Canadian Charter of Rights and Freedoms states: :2. 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 o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada (AG) V Lavell
''Canada (AG) v Lavell'', 974S.C.R. 1349, was a landmark 5–4 Supreme Court of Canada decision holding that Section 12(1)(b) of the ''Indian Act'' did not violate the respondents' right to "equality before the law" under Section 1 (b) of the ''Canadian Bill of Rights''. The two respondents, Lavell and Bédard, had alleged that the impugned section was discriminatory under the ''Canadian Bill of Rights'' by virtue of the fact that it deprived Indian women of their status for marrying a non-Indian, but not Indian men. The Supreme Court's decision proved very controversial, later influencing the wording of Section 15 of the Canadian Charter of Rights and Freedoms during the drafting process. Background to Mrs. Lavell Mrs. Lavell, a member of Wiikwemkoong First Nation, married David Lavell, a journalism student at Ryerson Polytechnical Institute in Toronto, on April 11, 1970. She was promptly delivered a notice from the Department of Indian Affairs and Northern Development indicat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bliss V Canada (AG)
''Bliss v Canada (AG)'' 9791 S.C.R. 183 is a famous Supreme Court of Canada decision on equality rights for women under the ''Canadian Bill of Rights''. The Court held that women were not entitled to benefits denied to them by the ''Unemployment Insurance Act'' during a certain period of pregnancy. This case has since become the prime example demonstrating the inadequacies of the ''Canadian Bill of Rights'' in upholding and protecting individuals' rights. This ruling was eventually overturned in ''Brooks v. Canada Safeway Ltd.'', 9891 SCR 1219. Background Stella Bliss had to leave her work due to pregnancy four days before giving birth. Due to her situation she was not entitled to full benefits under section 30 of the Act, but rather she was subject to section 46 which denied her benefits for a period of six weeks after childbirth. Bliss challenged the limitation of benefits under section 46 as a violation of section 1(b) of the Bill of Rights which protects against discrimination b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quasi-constitutionality
In Canada, the term quasi-constitutional is used for laws which remain paramount even when subsequent statutes, which contradict them, are enacted by the same legislature. This is the reverse of the normal practice, under which newer laws trump any contradictory provisions in any older statute. Primacy clauses in quasi-constitutional statutes The normal practice, under which the more recent statute has the effect of nullifying any contradictory rules laid out in all earlier statutes, is known as "implied repeal." Implied repeal is the traditional way of ensuring that two contradictory laws are never in effect at the same time. The practice of implied repeal also reinforces the concept of parliamentary sovereignty or supremacy---that is, it reinforces the idea that the parliament or legislature cannot be restricted by any external limit, including past actions of the legislature itself. A quasi-constitutional statute uses a "primacy clause" to achieve the apparently contradictory ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Thirty-three Of The Canadian Charter Of Rights And Freedoms
Section 33 of the ''Canadian Charter of Rights and Freedoms'' is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (, , or, as prescribed by the Quebec Board of the French Language, ). Sometimes referred to as the override power, it allows Parliament or provincial legislatures to temporarily override sections 2 and 7–15 of the ''Charter.Library of Parliament, Parliamentary Information and Research ServiceThe Notwithstanding Clause of the Charter, prepared by David Johansen, 1989, as revised May 2005. Retrieved August 7, 2006.'' Text The section states: Function The Parliament of Canada, a provincial legislature or a territorial legislature may declare that one of its laws or part of a law applies temporarily ("notwithstanding") countermanding sections of the ''Charter'', thereby nullifying any judicial review by overriding the ''Charter'' protections for a limited period of time. This is done by including a section in the law clearly s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Ten Of The Canadian Charter Of Rights And Freedoms
Section, Sectioning, or Sectioned may refer to: Arts, entertainment and media * Section (music), a complete, but not independent, musical idea * Section (typography), a subdivision, especially of a chapter, in books and documents ** Section sign (§), typographical characters * Section (bookbinding), a group of sheets, folded in the middle, bound into the binding together * The Section (band), a 1970s American instrumental rock band * ''The Outpost'' (1995 film), also known as ''The Section'' * Section, an instrumental group within an orchestra * "Section", a song by 2 Chainz from the 2016 album '' ColleGrove'' * "Sectioning" (''Peep Show''), a 2005 television episode * David "Section" Mason, a fictional character in '' Call of Duty: Black Ops II'' Organisations * Section (Alpine club) * Section (military unit) * Section (Scouting) Science, technology and mathematics Science * Section (archaeology), a view in part of the archaeological sequence showing it in the vertic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Seven Of The Canadian Charter Of Rights And Freedoms
Section 7 of the ''Canadian Charter of Rights and Freedoms'' is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice. This ''Charter'' provision provides both substantive and procedural rights. It has broad application beyond merely protecting due process in administrative proceedings and in the adjudicative context, and has in certain circumstances touched upon major national policy issues such as entitlement to social assistance and public health care. As such, it has proven to be a controversial provision in the ''Charter''. Text Under the heading of "Legal Rights", the section states: Application The wording of section 7 says that it applies to "everyone". This inc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security Of The Person
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world. In general, the right to the security of one's person is associated with liberty and includes the right, if one is imprisoned unlawfully, to a remedy such as ''habeas corpus''. Security of person can also be seen as an expansion of rights based on prohibitions of torture and cruel and unusual punishment. Rights to security of person can guard against less lethal conduct, and can be used in regard to prisoners' rights. United Nations The right to security of the person is guaranteed by Article 3 of the ''Universal Declaration of Human Rights''. In this article, it is combined with the right to life and liberty. In full, the article reads, "Every ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liberty
Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional law of the United States, ordered liberty means creating a balanced society where individuals have the freedom to act without unnecessary interference ( negative liberty) and access to opportunities and resources to pursue their goals ( positive liberty), all within a fair legal system. Sometimes liberty is differentiated from freedom by using the word "freedom" primarily, if not exclusively, to mean the ability to do as one wills and what one has the power to do; and using the word "liberty" to mean the absence of arbitrary restraints, taking into account the rights of all involved. In this sense, the exercise of liberty is subject to capability and limited by the rights of others. Thus liberty entails the responsible use of freedom und ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Life
The right to life is the belief that a human (or other animal) has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including: capital punishment, with some people seeing it as immoral; abortion, with some considering the killing of a human embryo or fetus immoral; euthanasia, in which the decision to end one's life outside of natural means is seen as incorrect; meat production and consumption, in which the breeding and killing of animals for their meat is seen by some people as an infringement on their rights; and in killings by law enforcement, which are seen by some as an infringement on those persons' right to live. However, individuals may disagree in which of these areas the principle of a right to life might apply. Abortion The term "right to life" is used in the abortion debate by those who wish to end the practice of abortion, or at least reduce the frequency of the practice,Solomo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
