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Oakes Test
Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's ''Charter'' rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in '' R v Sharpe''), hate speech (e.g., in '' R v Keegstra''), and obscenity (e.g., in '' R v Butler''). When the government has limited an individual's right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was ''prescribed by law'' namely, that the law is attuned to the values of ''accessibility'' and ''intelligibility''; and secondly, that it is ''justified in a free and democratic society'', which means that it must have a justifiable purpose and must be proportional. Text Un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. The ''Bill of Rights'' exemplified an international trend towards formalizing human rights protections following the United Nations' ''Universal Declaration of Human Rights'', instigated by the country's movement for human rights and freedoms that emerged af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discrimination
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses based on ethnic, racial, gender or religious categories. It involves depriving members of one group of opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including some, where such discrimination is generally decried. In some places, countervailing measures such as quotas have been used to redress the balance in favor of those who are believed to be current or past victims of discrimination. These attempts have often been met with controversy, and sometimes been called re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ramsden V Peterborough (City Of)
''Ramsden v Peterborough (City of)'', 9932 SCR 1084 is a leading Supreme Court of Canada decision where the Court struck down a bylaw prohibiting all postering on public property on the grounds that it violated freedom of expression under section 2(b) of the ''Canadian Charter of Rights and Freedoms''. Background Kenneth Ramsden was charged on two separate occasions placing posters on hydro poles advertising his band. He claimed that the bylaw was unconstitutional. A justice of the peace found that the bylaw was constitutional and he was fined. The decision was upheld on appeal to the Provincial Court. However, on appeal to the Court of Appeal for Ontario The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal) (ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Ha ... the decision was overturned and it was held that the bylaw was in violation of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
RJR-MacDonald Inc V Canada (AG)
''RJR-MacDonald Inc v Canada (AG)'', 9953 S.C.R. 199 is a leading Canadian constitutional decision of the Supreme Court of Canada that upheld the federal ''Tobacco Products Control Act'' but struck out the provisions that prevented tobacco advertising and unattributed health warnings. Background RJR MacDonald Inc. and Imperial Tobacco challenged the Act as being ''ultra vires'' the federal government's criminal law power and peace, order and good government power, and as being in violation of the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms. Reasons of the court The Court upheld the Act as valid under the criminal law power but found that sections 4, 8, and 9 of the Act violated freedom of expression and could not be saved under section 1 of the Charter. There were four separate opinions given. Division of powers The Court found the Act was not colourable. The evil that the law is addressing does not have to be approached di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fetus
A fetus or foetus (; : fetuses, foetuses, rarely feti or foeti) is the unborn offspring of a viviparous animal that develops from an embryo. Following the embryonic development, embryonic stage, the fetal stage of development takes place. Prenatal development is a continuum, with no clear defining feature distinguishing an embryo from a fetus. However, in general a fetus is characterized by the presence of all the major body organs, though they will not yet be fully developed and functional, and some may not yet be situated in their final Anatomy, anatomical location. In human prenatal development, fetal development begins from the ninth week after Human fertilization, fertilization (which is the eleventh week of Gestational age (obstetrics), gestational age) and continues until the childbirth, birth of a newborn. Etymology The word ''wikt:fetus#English, fetus'' (plural ''wikt:fetuses#English, fetuses'' or rarely, the solecism ''wikt:feti#English, feti''''Oxford English Dict ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abortion
Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnancies. Deliberate actions to end a pregnancy are called induced abortion, or less frequently "induced miscarriage". The unmodified word ''abortion'' generally refers to induced abortion. Common reasons for having an abortion are birth-timing and limiting family size. Other reasons include maternal health, an inability to afford a child, domestic violence, lack of support, feelings of being too young, wishing to complete an education or advance a career, or not being able or willing to raise a child conceived as a result of rape or incest. When done legally in industrialized societies, induced abortion is one of the safest procedures in medicine. Modern methods use medication or surgery for abortions. The drug mifepristone (aka RU-4 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Morgentaler
''R v Morgentaler'', 9881 SCR 30 was a decision of the Supreme Court of Canada which held that the abortion provision in the ''Criminal Code'' was unconstitutional because it violated women's rights under section 7 of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") to security of the person. Since this ruling, there have been no criminal laws regulating abortion in Canada. Background Prior to this ruling, section 251(4) of the ''Criminal Code'', allowed for abortions to be performed solely at accredited hospitals with the proper certification of approval from the hospital's Therapeutic Abortion Committee. Three doctors, Henry Morgentaler, Leslie Frank Smoling and Robert Scott, set up an abortion clinic in Toronto for the purpose of performing abortions on women who had not received certification from the Therapeutic Abortion Committee, as required under subsection 251(4) of the ''Criminal Code''. By doing so, they were attempting to bring public attention ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Hogg
Peter Wardell Hogg (12 March 1939 – 4 February 2020) was a New Zealand–born Canadian legal scholar and lawyer. He was best known as a leading authority on Canadian constitutional law, with the most academic citations in Supreme Court jurisprudence of any living scholar during his lifetime, according to Emmett Macfarlane of the University of Waterloo. Early life and education Born in Lower Hutt, New Zealand, on 12 March 1939, Hogg attended Nelson College from 1952 to 1956. He earned his LLB from Victoria University College, a constituent college of the University of New Zealand, in 1962, his LLM from Harvard University in 1963, and his PhD from Monash University in Melbourne, Australia, in 1970. Career In 1970, he was appointed Professor of Law at Osgoode Hall Law School in Toronto and was appointed Dean in 1998. In 2003 he accepted a position as scholar in residence at the law firm of Blake, Cassels & Graydon LLP. Hogg wrote several books, including ''Constitutional L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Hogg Law
Peter may refer to: People * List of people named Peter, a list of people and fictional characters with the given name * Peter (given name) ** Saint Peter (died 60s), apostle of Jesus, leader of the early Christian Church * Peter (surname), a surname (including a list of people with the name) Culture * Peter (actor) (born 1952), stage name Shinnosuke Ikehata, a Japanese dancer and actor * ''Peter'' (1934 film), a film directed by Henry Koster * ''Peter'' (2021 film), a Marathi language film * "Peter" (''Fringe'' episode), an episode of the television series ''Fringe'' * ''Peter'' (novel), a 1908 book by Francis Hopkinson Smith * "Peter" (short story), an 1892 short story by Willa Cather * ''Peter'' (album), a 1972 album by Peter Yarrow * ''Peter'', a 1993 EP by Canadian band Eric's Trip * "Peter", 2024 song by Taylor Swift from '' The Tortured Poets Department: The Anthology'' Animals * Peter (Lord's cat), cat at Lord's Cricket Ground in London * Peter (chief mouser), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Fifteen Of The Canadian Charter Of Rights And Freedoms
Section 15 of the ''Canadian Charter of Rights and Freedoms'' contains guaranteed equality rights. As part of the Constitution of Canada, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs (e.g. employment equity). Rights under section 15 include racial equality, sexual equality, mental disability, and physical disability. In its jurisprudence, it has also been a source of LGBT rights in Canada. These rights are guaranteed to "every individual", that is, every natural person. This wording excludes "legal persons" such as corporations, contrasting other sections that use the word "everyone", where "legal persons" were meant to be included. Section 15 has been in force since 1985. Text Under the heading of "Equality Rights" this section states: Background The '' Canadian Bill of Rights'' of 1960 had guaranteed the "right of the individual to equality before the law and the protection o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Orientation
Sexual orientation is an enduring personal pattern of romantic attraction or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. Patterns are generally categorized under heterosexuality, homosexuality, and bisexuality, while asexuality (experiencing no sexual attraction to others) is sometimes identified as the fourth category. These categories are aspects of the more nuanced nature of sexual identity and terminology. For example, people may use other labels, such as '' pansexual'' or '' polysexual'', or none at all. According to the American Psychological Association, sexual orientation "also refers to a person's sense of identity based on those attractions, related behaviors, and membership in a community of others who share those attractions". ''Androphilia'' and ''gynephilia'' are terms used in behavioral science to describe sexual orientation as an alternative to a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alberta
Alberta is a Provinces and territories of Canada, province in Canada. It is a part of Western Canada and is one of the three Canadian Prairies, prairie provinces. Alberta is bordered by British Columbia to its west, Saskatchewan to its east, the Northwest Territories to its north, and the U.S. state of Montana to its south. Alberta and Saskatchewan are the only two landlocked Canadian provinces. The eastern part of the province is occupied by the Great Plains, while the western part borders the Rocky Mountains. The province has a predominantly humid continental climate, continental climate, but seasonal temperatures tend to swing rapidly because it is so arid. Those swings are less pronounced in western Alberta because of its occasional Chinook winds. Alberta is the fourth largest province by area, at , and the fourth most populous, with 4,262,635 residents. Alberta's capital is Edmonton; its largest city is Calgary. The two cities are Alberta's largest Census geographic units ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
