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Section 2 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 legal ...
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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 ...
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Roman Catholic
The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institutions and has played a prominent role in the history and development of Western civilization. O'Collins, p. v (preface). The church consists of 24 ''sui iuris'' (autonomous) churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies around the world, each overseen by one or more bishops. The pope, who is the bishop of Rome, is the chief pastor of the church. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is the one, holy, catholic and apostolic church founded by Jesus Christ in his Great Commission, that its bishops are the successors of Christ's apostles, and that the pope is the successor of Saint Peter, upo ...
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Sikh
Sikhs (singular Sikh: or ; , ) are an ethnoreligious group who adhere to Sikhism, a religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Guru Nanak. The term ''Sikh'' has its origin in the Sanskrit word ', meaning 'seeker', or . According to Article I of Chapter 1 of the Sikh ''Rehat Maryada'' (), the definition of Sikh is: Any human being who faithfully believes in One Immortal Being Ten Gurus, from Guru Nanak Sahib to Guru Gobind Singh Sahib The Guru Granth Sahib The utterances and teachings of the ten Gurus and The initiation, known as the Amrit Sanchar, bequeathed by the tenth Guru and who does not owe allegiance to any other religion, is a Sikh. Male Sikhs generally have '' Singh'' () as their last name, though not all Singhs are necessarily Sikhs; likewise, female Sikhs have '' Kaur'' () as their last name. These unique last names were given by the Gurus to allow Sikhs to stand out ...
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Multani V Commission Scolaire Marguerite‑Bourgeoys
''Multani v Commission scolaire Marguerite‑Bourgeoys'', [2006] 1 S.C.R. 256, 2006 SCC 6 is a decision by the Supreme Court of Canada in which the Court struck down an order of a Quebec school authority, that prohibited a Sikh child from wearing a kirpan to school, as a violation of freedom of religion under Section Two of the Canadian Charter of Rights and Freedoms, section 2(a) of the ''Canadian Charter of Rights and Freedoms''. This order could not be saved under Section One of the Canadian Charter of Rights and Freedoms, section 1 of the ''Charter''. The case involved a 13-year-old Sikh named Gurbaj Singh, who in November 2001 dropped a metal kirpan at his school, École Sainte Catherine Labouré. This prompted the school board to request certain limits on the wearing of the kirpan, including that it be covered at all times. The Sikh family accepted this request. However, another board, in February 2002, overrode the school board, deciding that the kirpan was a weapon and t ...
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Quebec Charter Of Human Rights And Freedoms
The ''Charter of Human Rights and Freedoms'' (, ), also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe, coming into effect on June 28, 1976. Introduced by the Liberal government of Robert Bourassa, the Charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson. The Charter recognizes that every person on the territory of Quebec is equal in value and in dignity. Since the Charter aims to guarantee human rights and to harmonize the relations between citizens, and between citizens and institutions, the Charter binds the state (legislature, executive, administrative) and applies to private law relations (between persons). The Charter also establishes the '' Commission des droits de la personne et des droits de la jeunesse'' (Human Rights and Youth Rights Commission, als ...
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Syndicat Northcrest V Amselem
''Syndicat Northcrest v Amselem'' 0042 S.C.R. 551 was a decision of the Supreme Court of Canada that attempted to define freedom of religion under the Quebec Charter of Human Rights and Freedoms and section 2 of the Canadian Charter of Rights and Freedoms. Although the Supreme Court split on their definition, the majority advocated tolerating a practice where the individual sincerely feels it is connected to religion, regardless of whether the practice is required by a religious authority. Background The case arose after Moïse Amselem, his youngest son David, and René Elhadad, in Montreal erected sukkahs on their balconies in a residential building which they owned. Sukkahs are small dwellings in which Jews live during Sukkot, a Jewish holiday, in accordance with the Hebrew Bible. However, those who managed the buildings, Syndicat Northcrest, claimed the sukkahs violated by-laws forbidding structures to be built on the balconies. The Orthodox Jews had not seen this requirement ...
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R V Big M Drug Mart Ltd
''R v Big M Drug Mart Ltd'' ''(Her Majesty The Queen in Right of Canada v Big M Drug Mart Ltd)'' is a landmark decision by Supreme Court of Canada where the Court struck down the federal '' Lord's Day Act'' for violating section 2 of the ''Canadian Charter of Rights and Freedoms''. This case had many firsts in constitutional law including being the first to interpret section two. Background In 1978, Nancy Lockhart and Michael Lasrado opened Big M Drug Mart, a supermarket in the Forest Lawn community in Calgary. Big M and other stores remained open on Sundays despite the prohibition in the ''Lord's Day Act'' as revenue exceeded the small fines of between $15–$40 ($–$ in ). On Sunday, May 30, 1982, Calgary police officers entered Big M Drug Mart and observed the sale of groceries, plastic cups, and a bicycle lock to customers in contravention of the federal ''Lord's Day Act''. At the Provincial Court of Alberta, Justice Brian Stevenson acquitted Big M Drug Mart and fou ...
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Sabbath In Christianity
Many Christians observe a weekly day set apart for rest and worship called a Sabbath in obedience to God's commandment to remember the Sabbath day, to keep it holy. Early Christians, at first mainly Jewish, observed the seventh-day (Saturday) Sabbath with prayer and rest. At the beginning of the second century the Church Father Ignatius of Antioch approved non-observance of the Sabbath. The now majority practice of Christians is to observe the first day of the week (Sunday), called the Lord's Day, when many significant events occurred during the New Testament - notably the Resurrection - rather than the biblical seventh-day Sabbath as a day of rest and worship. In line with ideas of the 16th and 17th-century Puritans, the Presbyterian and Congregationalist, as well as Methodist and Baptist Churches, enshrined first-day (Sunday) Sabbatarian views in their confessions of faith, observing the Lord's Day as the Christian Sabbath. While practices differ among Christian denomination ...
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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 ...
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Jehovah's Witnesses
Jehovah's Witnesses is a Christian denomination that is an outgrowth of the Bible Student movement founded by Charles Taze Russell in the nineteenth century. The denomination is nontrinitarian, millenarian, and restorationist. Russell co-founded Zion's Watch Tower Tract Society in 1881 to organize and print the movement's publications. A Watch Tower Society presidency dispute (1917), leadership dispute after Russell's death resulted in several groups breaking away, with Joseph Franklin Rutherford retaining control of the Watch Tower Society and its properties. Rutherford made significant organizational and doctrinal changes, including adoption of the name ''Jehovah's witnesses'' in 1931 to distinguish the group from other Bible Student groups and symbolize a break with the legacy of Charles Taze Russell#Theology and teachings, Russell's traditions. In , Jehovah's Witnesses reported a peak membership of approximately worldwide. Jehovah's Witnesses are known for their evangeli ...
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Chaput V Romain
''Chaput v Romain'' 955SCR 834 was a legal case that was heard by the Supreme Court of Canada. The case had broader implications for freedom of religion in Canada. The case determined that all religions have equal rights, based upon tradition and the rule of law. At the time, no statutes formed the basis for this argument. It was one of many legal cases surrounding the persecution of Jehovah's Witnesses in Canada. Background Esymier Chaput was one of 30 Jehovah's Witnesses attending a meeting in his Chapeau, Quebec home on September 4, 1949. Three police officers were observed outside, who asked to enter the premises after confirming that they were having a meeting, and arrested Chaput. They ordered everyone else to leave, seized a bible, song books, and some religious pamphlets. Esymier Chaput first filed the case with the provincial trial court, the Court of Quebec for damages and the value of the seized articles. This action was dismissed by the trial judge and by the Quebe ...
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Guibord Case
''Brown v Les Curé et Marguilliers de l'Œuvre et Fabrique de Notre Dame de Montréal'', better known as the ''Guibord case'', was a decision in 1874 by the Judicial Committee of the Privy Council in an early Canadian legal dispute over the relationship between church and state. The question was whether the church officials of the Parish of Montréal could refuse to bury a deceased member of the Church because of his political beliefs. Joseph Guibord had been a member of the Institut Canadien de Montréal, an association dedicated to the principles of liberalism. The Institut was at odds with the Roman Catholic church, at that time very powerful in Quebec and very conservative. When he died, the church officials of the Parish of Montréal refused to allow his widow, Henriette Brown, to have his remains buried in the section of the Côte des Neiges Cemetery reserved for Roman Catholics. Brown brought a petition in the Quebec courts to require the church officials to allow ...
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