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Section 25 Of The Canadian Charter Of Rights And Freedoms
Section 25 of the ''Canadian Charter of Rights and Freedoms'' is the first section under the heading "General" in the ''Charter'', and like other sections within the "General" sphere, it aids in the interpretation of rights elsewhere in the ''Charter''. While section 25 is also the Charter section that deals most directly with Aboriginal peoples in Canada, it does not create or constitutionalize rights for them. The ''Charter'' is a part of the larger '' Constitution Act, 1982''. Aboriginal rights, including treaty rights, receive more direct constitutional protection under section 35 of the ''Constitution Act, 1982.'' Text Under the heading "General," the section reads: Purpose In other words, the ''Charter'' must be enforced in a way that does not diminish Aboriginal rights. As the Court of Appeal for Ontario held in ''R. v. Agawa'' (1988), the section "confers no new rights," but instead "shields" old ones. This is a stronger recognition for non-''Charter'' rights tha ... [...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] |
Social Equality
Social equality is a state of affairs in which all individuals within society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services. Social equality requires the absence of legally enforced social class or caste boundaries, along with an absence of discrimination motivated by an inalienable part of an individual's identity. Advocates of social equality believe in equality before the law for all individuals regardless of many aspects. These aspects include but are not limited to, sex, gender, ethnicity, age, sexual orientation, origin, caste or class, income or property, language, religion, convictions, opinions, health, disability,trade union membership, political views, parental status, mores, family or marital status, and any other grounds. These are some different types of social equality: * '' Formal equality'': equal opportunity for individuals based on merit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Footnotes
In publishing, a note is a brief text in which the author comments on the subject and themes of the book and names supporting citations. In the editorial production of books and documents, typographically, a note is usually several lines of text at the bottom of the page, at the end of a chapter, at the end of a volume, or a house-style typographic usage throughout the text. Notes are usually identified with superscript numbers or a symbol.''The Oxford Companion to the English Language'' (1992) p. 709. Footnotes are informational notes located at the foot of the thematically relevant page, whilst endnotes are informational notes published at the end of a chapter, the end of a volume, or the conclusion of a multi-volume book. Unlike footnotes, which require manipulating the page design (text-block and page layouts) to accommodate the additional text, endnotes are advantageous to editorial production because the textual inclusion does not alter the design of the publication. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Columbia Court Of Appeal
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the Provinces and territories of Canada, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Prime Minister
The prime minister of Canada () is the head of government of Canada. Under the Westminster system, the prime minister governs with the confidence of a majority of the elected House of Commons; as such, the prime minister typically sits as a member of Parliament (MP) and leads the largest party or a coalition of parties. As first minister, the prime minister selects ministers to form the Cabinet. Not outlined in any constitutional document, the prime minister is appointed by the monarch's representative, the governor general, and the office exists per long-established convention. Constitutionally, executive authority is vested in the monarch (who is the head of state), but the powers of the monarch and governor general are nearly always exercised on the advice of the Cabinet, which is collectively responsible to the House of Commons. Canadian prime ministers are appointed to the Privy Council and styled as the Right Honourable (), a privilege maintained for life. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amendments To The Constitution Of Canada
Before 1982, constitutional amendment, modifying the Constitution of Canada primarily meant amending the ''Constitution Act, 1867, British North America Act, 1867''. Unlike most other constitutions, however, the Act had no amending formula; instead, changes were enacted through Acts of the Parliament of the United Kingdom (or "Imperial Parliament") called the British North America Acts. Other Commonwealth of Nations, Commonwealth countries had taken over the authority for constitutional amendment after the ''Statute of Westminster 1931'', but at the time, Canada decided to allow the Parliament of the United Kingdom to retain the power "temporarily". Between 1931 and 1982, the federal government, on behalf of the House of Commons of Canada and the Senate of Canada, Senate, would issue an address to the British government requesting an amendment. The request would include a resolution containing the desired amendments, which in turn were always passed by the British Parliament wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Land Claims
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from cust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Thirty-two Of The Canadian Charter Of Rights And Freedoms
Section 32 of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter. Only claims based on the type of law contemplated by this section can be brought before a court. Section 32(1) describes the basis on which all rights can be enforced. Section 32(2) was added in order to delay the enforcement of section 15 until government was given time to amend their laws to conform to the section. Text Under the heading "Application of Charter" the section states: The purpose of this section is to make it clear that the Charter only applies to governments, and not to private individuals, businesses or other organizations. Interpretation The meaning of section 32(1) was first examined in '' RWDSU v. Dolphin Delivery Ltd.'' The Courts found that the "authority" of government consisted of all laws created by the three branches of government (executive, legislative, and administrative), as well as any rules, or regulations created by "government acto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Commission On Aboriginal Peoples
The Royal Commission on Aboriginal Peoples (RCAP) was a Canadian royal commission established in 1991 with the aim of investigating the relationship between Indigenous peoples in Canada, the Government of Canada, and Canadian society as a whole. It was launched in response to status and rights issues brought to light following events such as the Oka Crisis and the failure of the Meech Lake Accord. The commission culminated in a final report of 4,000 pages, published in 1996 and set out a 20-year agenda for implementing recommended changes. Scope The Commission of Inquiry investigated the evolution of the relationship among Aboriginal peoples (First Nations, Inuit and Métis), the Government of Canada, Indian and Northern Affairs Canada and part of the Culture of Canada as a whole. It proposed specific solutions, rooted in domestic and international experience, to the problems which have plagued those relationships and which confront Aboriginal peoples today. The Commission exami ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Reserves
In Canada, an Indian reserve () or First Nations reserve () is defined by the ''Indian Act'' as a "tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band." Reserves are areas set aside for First Nations, one of the major groupings of Indigenous peoples in Canada, after a contract with the Canadian state ("the Crown"), and are not to be confused with Indigenous peoples' claims to ancestral lands under Aboriginal title. Demographics Canada has designated 3,394 reserves for over 600 First Nations, as per the federal publication "Registered Indian Population by Sex and Residence, Indian Status is granted to members of a registered band who are eligible to live on these reserves. By 2020, reserves provided shelter for approximately half of these band members. Many reserves have no resident population; typically they are small, remote, non-contiguous pieces of land, a fact which has led many t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
