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Section 28 Of The Canadian Charter Of Rights And Freedoms
Section 28 of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
is a part of the Constitution of Canada. It does not contain a right so much as it provides a guide as to how to interpret rights in the Charter. Specifically, section 28 addresses concerns of sexual equality, and is analogous to (and was modelled after) the proposed Equal Rights Amendment in the United States.[citation needed] The section reads:“ 28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons. ”Contents1 Interpretation1.1 Alternative interpretations2 Aboriginal rights 3 History 4 ReferencesInterpretation[edit] Section 28 is not so much a right because it does not state that men and women are equal; this is done by section 15. Instead, section 28 ensures that men and women have equal claim to rights listed in the Charter
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Women
A woman is a female human being. The term woman is usually reserved for an adult, with the term girl being the usual term for a female child or adolescent. The term woman is also sometimes used to identify a female human, regardless of age, as in phrases such as "women's rights"
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Equal Rights Amendment
The Equal Rights Amendment
Equal Rights Amendment
(ERA) is a proposed amendment to the United States Constitution designed to guarantee equal rights for all citizens regardless of sex; it seeks to end the legal distinctions between men and women in terms of divorce, property, employment, and other matters.[1] The ERA was originally written by Alice Paul
Alice Paul
and Crystal Eastman. The amendment was introduced in Congress for the first time in 1921 and has prompted conversations about the meaning of equality for women and men. In the early history of the Equal Rights Amendment, middle-class women were largely supportive, while those speaking for the working class were often opposed, pointing out that employed women needed special protections regarding working conditions and employment hours
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Native Women's Association Of Canada V. Canada
Native Women's Assn of Canada v Canada, [1994] 3 S.C.R. 627, was a decision by the Supreme Court of Canada
Supreme Court of Canada
on section 2, section 15 and section 28 of the Canadian Charter of Rights and Freedoms, in which the Court decided against the claim that the government of Canada had an obligation to financially support an interest group in constitutional negotiations, to allow the group to speak for its people. The case resulted from negotiations for the Charlottetown Accord, in which various groups representing Aboriginal peoples in Canada were financially supported by the government, but the Native Women's Association of Canada (NWAC) was not
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Affirmative Action
Affirmative action, also known as reservation in India
India
and Nepal, positive action in the UK, and employment equity (in a narrower context) in Canada
Canada
and South Africa, is the policy of protecting members of groups that are known to have previously suffered from discrimination.[1][2][3][4] Historically and internationally, support for affirmative action has sought to achieve goals such as bridging inequalities in employment and pay, increasing access to education, promoting diversity, and redressing apparent past wrongs, harms, or hindrances. The nature of affirmative action policies varies from region to region. Some countries use a quota system, whereby a certain percentage of government jobs, political positions, and school vacancies must be reserved for members of a certain group; an example of this is the reservation system in India
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Blainey V. Ontario Hockey Association Et Al.
Blainey v Ontario Hockey
Hockey
Association (1986) 54 O.R. (2d) 513 is a famous decision of the Court of Appeal for Ontario
Court of Appeal for Ontario
on the relationship between the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
and the Ontario Human Rights Code. The Court held that Human Rights Codes in general are statutes and so must conform with the Charter. Justine Blainey was excluded from playing in the boys hockey league by the Ontario Hockey
Hockey
Association. She was unable to bring a claim against the OHA because the Ontario Human Rights Code contained a provision that allowed male-only sports teams and since the OHA was a private organization the Charter did not apply to it
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Peter Hogg
Peter Wardell Hogg, CC QC FRSC (born March 12, 1939) is a Canadian lawyer, author and legal scholar. He is best known as the leading authority on Canadian constitutional law.Contents1 Early life and education 2 Career 3 Honours 4 Selected works 5 ReferencesEarly life and education[edit] Born in Lower Hutt, New Zealand, Hogg attended Nelson College from 1952 to 1956.[1] He earned his LL.B. from the University of New Zealand in 1962, his LL.M. from Harvard University
Harvard University
in 1963, and his Ph.D. from Monash University
Monash University
in Melbourne, Australia
Australia
in 1970. Career[edit] In 1970, he was appointed Professor
Professor
of Law
Law
at Osgoode Hall Law
Law
School in Toronto
Toronto
and was appointed Dean in 1998
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Sexual Equality
Gender
Gender
equality, also known as sexual equality, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing different behaviors, aspirations and needs equally, regardless of gender. Gender
Gender
equality, equality between men and women, entails the concept that all human beings, both men and women, are free to develop their personal abilities and make choices without the limitations set by stereotypes, rigid gender roles and prejudices. Gender
Gender
equality means that the different behaviour, aspirations and needs of women and men are considered, valued and favoured equally. It does not mean that women and men have to become the same, but that their rights, responsibilities and opportunities will not depend on whether they are born male or female
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Men
A man is a male human. The term man is usually reserved for an adult male, with the term boy being the usual term for a male child or adolescent. However, the term man is also sometimes used to identify a male human, regardless of age, as in phrases such as "men's basketball". Like most other male mammals, a man's genome typically inherits an X chromosome from his mother and a Y chromosome from his father. The male fetus produces larger amounts of androgens and smaller amounts of estrogens than a female fetus. This difference in the relative amounts of these sex steroids is largely responsible for the physiological differences that distinguish men from women. During puberty, hormones which stimulate androgen production result in the development of secondary sexual characteristics, thus exhibiting greater differences between the sexes
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United States
Coordinates: 40°N 100°W / 40°N 100°W / 40; -100 United States
United States
of AmericaFlagGreat SealMotto:  "In God
God
We Trust"[1][fn 1]Other traditional mottos  "E pluribus unum" (Latin)
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Section 20 Of The Canadian Charter Of Rights And Freedoms
Section 20 of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
is one of the sections of the Constitution of Canada
Constitution of Canada
dealing with Canada's two official languages, English and French. Along with section 16, section 20 is one of the few sections under the title "Official Languages of Canada" that guarantees bilingualism outside Parliament, legislatures and courts
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Section 21 Of The Canadian Charter Of Rights And Freedoms
Section 21 of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
is one of several sections of the Charter relating to the official languages of Canada. The official languages, under section 16 of the Charter, are English and French. Sections 16 to 20 guarantee a number of rights in regard to the use of these languages in the federal and New Brunswick courts and other government institutions. Thus, section 21 clarifies that language rights regarding English and French in the Constitution of Canada, outside the Charter, remain valid and are not limited by the language rights within the Charter.Contents1 Text 2 Function 3 Comparisons to other Charter sections 4 ReferencesText[edit] In full, it reads,“ 21
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Constitution Act, 1982
The Constitution Act, 1982 (Schedule B of the Parliament of the United Kingdom's Canada
Canada
Act 1982) is a part of the Constitution of Canada. Section 60 states that the Act may be called the Constitution Act, 1982, and that the Constitution Acts can be collectively called the Constitution Acts, 1867 to 1982. The act was introduced as part of Canada's process of patriating the constitution, introducing several amendments[1] to the British North America Act, 1867, and changing the latter's name in Canada
Canada
to the Constitution Act, 1867. This process was necessary because after the Statute
Statute
of Westminster, 1931, Canada
Canada
decided to allow the British Parliament to temporarily retain the power to amend Canada's constitution, on request from the Parliament of Canada
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Section 23 Of The Canadian Charter Of Rights And Freedoms
Section 23 of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
is the section of the Constitution of Canada
Constitution of Canada
that guarantees minority language educational rights to French-speaking communities outside Quebec, and, to a lesser extent, English-speaking minorities in Quebec
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Section 22 Of The Canadian Charter Of Rights And Freedoms
Section 22 of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
is one of several sections of the Charter relating to the official languages of Canada. The official languages, under section 16, are English and French. Section 22 is specifically concerned with political rights relating to languages besides English and French.Contents1 Text 2 Function 3 Education rights 4 Parliament 5 ReferencesText[edit] It reads,“ 22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French. ”Function[edit] Section 22 ensures that political rights regarding the use of other languages besides English and French are not limited by the fact that English and French are the only languages recognized as being official by the other provisions of the Charter
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Section 18 Of The Canadian Charter Of Rights And Freedoms
Section 18 of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
is one of the provisions of the Constitution that addresses rights relating to Canada's two official languages, English and French. Like section 133 of the Constitution Act, 1867, section 18 requires that all statutes and other records made by the Parliament of Canada
Canada
must be available in both official languages. Section 133 places a similar obligation on the legislature of Quebec, and this is reaffirmed by section 21 of the Charter. Section 18 of the Charter places a similar obligation on the legislature of New Brunswick
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