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R. V. Beaulac
''R v Beaulac'' 9991 S.C.R. 768 is a decision by the Supreme Court of Canada on language rights. Notably, the majority adopted a liberal and purposive interpretation of language rights in the Canadian Charter of Rights and Freedoms, overturning conservative case law such as '' Société des Acadiens v. Association of Parents'' (1986). As the majority wrote, "To the extent that ''Société des Acadiens du Nouveau-Brunswick''... stands for a restrictive interpretation of language rights, it is to be rejected." Background Jean Victor Beaulac was accused of murder and was brought before the British Columbia Supreme Court and convicted. Beaulac claimed rights under section 530 of the Criminal Code, which allows for the accused to be heard in court in his or her language, if it is one of the official languages of Canada, English or French. The Supreme Court noted in its 1999 decision that this was the first time it had ever considered this Criminal Code right. At a lower level, Be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For British Columbia
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. Jurisdiction The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. Composition The BCCA consists of 15 justices (including a chief justice) in addition to 9 supernumerary justices. All justices of the BCC ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Two Of The Canadian Charter Of Rights And Freedoms
Section 2 of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") is the section of the Constitution of Canada that lists what the ''Charter'' calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association. Section 1 of the ''Charter'' permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2. Additionally, these freedoms can be temporarily invalidated by section 33, the "notwithstanding clause", of the ''Charter''. As a part of the ''Charter'' and of the larger '' Constitution Act, 1982'', section 2 took leg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases successfully appealed to the Court are generally of national importance. Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices. Understanding the background of the cases, the reasoning and the authorship can be important and insightful, as each judge may have varying beliefs in legal theory and interpretation. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from the ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bilingualism In Canada
The official languages of Canada are English language, English and French language, French, which "have equality of status and equal rights and privileges as to their use in all institutions of the Parliament of Canada, Parliament and Government of Canada," according to Canada's constitution. "Official bilingualism" () is the term used in Canada to collectively describe the policies, constitutional provisions, and laws that ensure legal equality of English and French in the Parliament and courts of Canada, protect the linguistic rights of English- and French-speaking minorities in different provinces, and ensure a level of government services in both languages across Canada. In addition to the symbolic designation of English and French as official languages, official bilingualism is generally understood to include any law or other measure that: *mandates that the federal government conduct its business in both official languages and provide government services in both languages; * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ian Binnie
William Ian Corneil Binnie (born April 14, 1939) is a former puisne justice of the Supreme Court of Canada, serving from January 8, 1998 to October 27, 2011. Of the justices appointed to the Supreme Court in recent years, he is one of the few appointed directly from private practice. On his retirement from the Court, he was described by ''The Globe and Mail'' as "arguably the country's premier judge", by '' La Presse'' as "probably the most influential judge in Canada of the last decade" and by the ''Toronto Star'' as “one of the strongest hands on the court.” Personal life and career as lawyer Justice Binnie was born in Montreal, Quebec. He graduated from Trinity College School in 1957 and McGill University in 1960, where he was the News Editor of the ''McGill Daily'', a producer and writer of the ''Red and White Revue'', and a member of the Scarlet Key Honor Society. He then went on to study law at Pembroke College, Cambridge (graduating with an LL.B in 1963 and an LL.M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antonio Lamer
Joseph Antonio Charles Lamer (July 8, 1933 – November 24, 2007) was a Canadian lawyer and jurist who served as the 16th Chief Justice of Canada from 1990 to 2000. Career Lamer practised in partnership at the firm of Cutler, Lamer, Bellemare and Associates and was a full professor in the Faculty of Law, Université de Montréal, where he was also a lecturer in criminology. On December 19, 1969, at the age of 36, he was appointed to the Quebec Superior Court and to the Queen's Bench (Crown Side) of the province of Quebec. In 1978, he was elevated to the Quebec Court of Appeal and was appointed to the Supreme Court of Canada in 1980. Brian Mulroney named Lamer as Chief Justice on July 1, 1990. On January 7, 2000, Lamer took an unexpected early retirement after having served as chief justice for ten years. Several years after his death, former judges spoke about the situation surrounding his retirement. According to a 2011 article in ''The Globe and Mail'', in February 1999, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically or mentally. The term is not used in contemporary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Sixteen Of The Canadian Charter Of Rights And Freedoms
Section 16 of the ''Canadian Charter of Rights and Freedoms'' is the first of several sections of the Constitution dealing with Canada's two official languages, English and French. Section 16 declares that English and French are the official languages of Canada and of the province of New Brunswick. Text Under the heading "Official Languages of Canada", the section reads: Function This section sets out general principles that are expanded in sections 16.1 to 22. Section 16 itself expands upon language rights in the ''Constitution Act, 1867''; whereas section 133 of the ''Constitution Act, 1867'' merely allowed for both languages to be used in the Parliament of Canada and in the Quebec legislature, and in some courts, section 16 goes further by allowing bilingualism in the federal and New Brunswick bureaucracies, and in the New Brunswick legislature.Hogg, Peter W. ''Constitutional Law of Canada.'' 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003. Thi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dignity
Dignity is a human's contentment attained by satisfying physiological needs and a need in development. The content of contemporary dignity is derived in the new natural law theory as a distinct human good. As an extension of the Enlightenment-era concept of human rights, dignity is considered the right of a person to be valued and respected for their own sake, and to be treated ethically. In this context, it is of significance in morality, ethics, law and politics, and the term is often used to describe personal conduct as "behaving with dignity". Dignity is also recognized in the Universal Declaration of Human Rights of 1948. In Article 1, it is stipulated that 'All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood'. Etymology The English word "dignity", attested from the early 13th century, comes from Latin concept of ', variously translated as "worthiness ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Individual Rights
Individual rights, also known as natural rights, are rights held by individuals by virtue of being human. Some theists believe individual rights are bestowed by God. An individual right is a moral claim to freedom of action. Group rights, also known as collective rights, are rights held by a group as a whole rather than individually by its members. In contrast, individual rights are rights held by individual people; even if they are group-differentiated, which most rights are, they remain individual rights if the right-holders are the individuals themselves. Individual rights and group rights are often incompatible. An appeal to group rights is often used to promote violation of individual rights. Historically, group rights have been used both to infringe upon and to facilitate individual rights, and the concept remains controversial. Organizational group rights Besides the rights of groups based upon the immutable characteristics of their individual members, other group rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manitoba Act
The ''Manitoba Act, 1870'' ()Originally entitled (until renamed in 1982) ''An Act to amend and continue the Act 32 and 33 Victoria, chapter 3; and to establish and provide for the Government of the Province of Manitoba.'' is an act of the Parliament of Canada, and part of the Constitution of Canada, that provided for the admission of Manitoba as the fifth province of Canada.Rea, J.E., Jeff Scott, and Andrew McIntosh. February 7, 2006.Manitoba Act" ''Canadian Encyclopedia'' (last updated January 7, 2021). Receiving royal assent on May 12, 1870, the act also continued to enforce ''An Act for the Temporary Government of Rupert's Land and the North-Western Territories when united with Canada'' upon the absorption of the British territories of Rupert's Land and the North-Western Territory into Canada on July 15, 1870. Hoping to decrease tension, the act marked the legal resolution of the fight for self-determination between the federal government and the people (particularly the M� ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Re Manitoba Language Rights
''Reference Re Manitoba Language Rights,'' 9851 S.C.R. 721, was a reference question posed to the Supreme Court of Canada regarding provisions in the '' Manitoba Act, 1870'' stipulating the provision of French language services in the province of Manitoba. The Court heard the appeal in June 1984 and gave its ruling a year later, on June 13, 1985. Four questions were asked: # Are sections 133 of the ''Constitution Act, 1867'', and 23 of the ''Manitoba Act, 1870'', requiring laws be in both French and English, mandatory in Manitoba, Quebec, and Parliament? # If so, are those Manitoban laws not printed in both languages invalid under section 23 of the ''Manitoba Act, 1870''? # If so, do the laws have any force and effect, and if so to what extent? # Are any of the provisions of '' An Act Respecting the Operation of Section 23 of the Manitoba Act in Regard to Statutes'' inconsistent with section 23 of the '' Manitoba Act, 1870'', and if so are the provisions invalid and of no legal f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
