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Attorney General Of Canada 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 indicati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Appeal
The Federal Court of Appeal () is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada". In 1971, Parliament created the Federal Court of Canada, which consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division. On July 2, 2003, the ''Courts Administration Service Act'' split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court succeeding the Trial Division. Appellate jurisdiction The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada. Original jurisdiction The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in respect of certain federal tribunals ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Act, 1867
The ''Constitution Act, 1867'' ( 30 & 31 Vict. c. 3) (),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this act, were renamed. However, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources. The long title is "An Act for the Union of Canada, Nova Scotia and New Brunswick, and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Canadian Crown And First Nations, Inuit And Métis
The association between the monarchy of Canada and Indigenous peoples in Canada stretches back to the first interactions between North American Indigenous peoples and European colonialists and, over centuries of interface, treaties were established concerning the monarch and Indigenous nations. First Nations, Inuit, and Métis peoples in Canada have a unique relationship with the reigning monarch and, like the Māori and the Treaty of Waitangi in New Zealand, generally view the affiliation as being not between them and the ever-changing Cabinet, but instead with the continuous Crown of Canada, as embodied in the reigning sovereign. These agreements with the Crown are administered by Canadian Aboriginal law, overseen by the minister of Crown–Indigenous relations, and expressed through numerous meetings and ceremonies, as well as exchanges of gifts and honours, involving Indigenous leaders, the monarch, his viceroy or viceroys, and/or other members of the Canadian royal fa ... [...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] |
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] |
Dissenting Opinion
A dissenting opinion (or dissent) is an Legal opinion, opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's Holding (law), holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise hol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plurality Opinion
A plurality decision is a court decision in which no opinion received the support of a majority of the judges. A plurality opinion is the judicial opinion or opinions which received the most support among those opinions which supported the plurality decision. The plurality opinion did not receive the support of more than half the justices, but still received more support than any other opinion, excluding those justices dissenting from the holding of the court. By country United States In '' Marks v. United States'', 430 U.S. 188 (1977), the Supreme Court of the United States explained how the holding of a case should be viewed where there is no majority supporting the rationale of any opinion: "When a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds." That requires lower cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurring Opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the Majority opinion, majority of the court, but states different (or additional) reasons as the basis for their decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. As a practical matter, concurring opinions are slightly less useful to lawyers than majority opinions. Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority op ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louis-Philippe Pigeon
Louis-Philippe Pigeon, (February 8, 1905 – February 23, 1986) was a Canadian lawyer, academic, and puisne justice of the Supreme Court of Canada. Early life and education Pigeon was born in Henryville, Quebec in 1905, the son of Arthur Pigeon and Maria Demers. He studied law at the Université Laval and obtained an LL.L in 1928, winning the Governor General's gold medal.Justice Québec: Louis-Phillipe Pigeon . Called to the the same year, he settled in . Legal career Pigeon began his legal career in 1928 w ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Drybones
''R v Drybones'', 970S.C.R. 282, is a landmark 6-3 Supreme Court of Canada decision holding that the ''Canadian Bill of Rights'' "empowered the courts to strike down federal legislation which offended its dictates." Accordingly, the Supreme Court of Canada held that section 94(b) of the ''Indian Act'' (which prohibited "Indians" from being intoxicated off of a reserve) is inoperative because it violates section 1(b) of the ''Canadian Bill of Rights''. Prior to this decision there had been much debate on the application of the ''Bill of Rights'' to an infringing statute. One perspective saw the ''Bill of Rights'' as an interpretive aid. The other perspective saw it as statute that constrained the supremacy of Parliament, rendering irreconcilable federal enactments of no force or effect. After this case, the overriding power that the Court held flows from the ''Canadian Bill of Rights'' was never used, and has since never been reconsidered by the Supreme Court of Canada. Although th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to ''Encyclopædia Britannica'', it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law. Use of the phrase can be traced to Tudor period, 16th-century Britain. In the following century, Scottish theologian Samuel Rutherfor ... [...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] |
