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Section Seven Of The Canadian Charter Of Rights And Freedoms
Section 7 of the ''Canadian Charter of Rights and Freedoms'' is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice. This ''Charter'' provision provides both substantive and procedural rights. It has broad application beyond merely protecting due process in administrative proceedings and in the adjudicative context, and has in certain circumstances touched upon major national policy issues such as entitlement to social assistance and public health care. As such, it has proven to be a controversial provision in the ''Charter''. Text Under the heading of "Legal Rights", the section states: Application The wording of section 7 says that it applies to "everyone". This inc ... [...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] |
Positive Rights
Negative and positive rights are rights that oblige either inaction (''negative rights'') or action (''positive rights''). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a ''negative right to x'' against Clay, if and only if Clay is ''prohibited'' to act upon Adrian in some way regarding ''x''. In contrast, Adrian has a ''positive right to x'' against Clay, if and only if Clay is obliged to act upon Adrian in some way regarding ''x''. A case in point, if Adrian has a ''negative right to life'' against Clay, then Clay is required to refrain from killing Adrian; while if Adrian has a ''positive right to life'' against Clay, then Clay is required to act as necessary to preserve the life of Adrian. ''Negative rights'' may include civil and political rights such as freedom of speech, life, private property, freedo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Union
A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages and Employee benefits, benefits, improving Work (human activity), working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting and increasing the bargaining power of workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called ''union dues''. The union representatives in the workforce are usually made up of workplace volunteers who are often appointed by members through internal democratic elections. The trade union, through an elected leadership and bargaining committee, bargains with the employer on behalf of its members, known as t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family
Family (from ) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). It forms the basis for social order. Ideally, families offer predictability, structure, and safety as members mature and learn to participate in the community. Historically, most human societies use family as the primary purpose of Attachment theory, attachment, nurturance, and socialization. Anthropologists classify most family organizations as Matrifocal family, matrifocal (a mother and her children), patrifocal (a father and his children), wikt:conjugal, conjugal (a married couple with children, also called the nuclear family), avuncular (a man, his sister, and her children), or Extended family, extended (in addition to parents, spouse and children, may include Grandparent, grandparents, Aunt, aunts, Uncle, uncles, or Cousin, cousins). The field of genealogy aims to trace family lineages through history. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Individual Right
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] |
R V Clay
''R v Clay'' 0033 S.C.R. 735, is a decision by the Supreme Court of Canada on the constitutionality of the prohibition to possess marijuana. The accused claimed that his section 7 Charter rights were violated. The Court dismissed the claim. This case is the final of a trilogy of cases regarding the constitutionality of the prohibition of marijuana. Background Clay was a 26-year-old owner of "The Great Canadian Hemporium" in London, Ontario where he held many hemp related products. He was caught selling marijuana plant cuttings to an undercover police officer and was charged under the former Narcotics Control Act. Clay argued that his Charter rights were violated by the Narcotics Control Act's prohibition of possession of marijuana. At trial and appeal the claim was dismissed. Opinion of the Court The Court held that the appeal should be dismissed. The opinion of the Court was given by McLachlin C.J. Arbour, LeBel, and Deschamps JJ. each gave dissenting opinions. It has been ... [...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] |
Imprisonment
Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment". Imprisonment does not necessarily imply a place of confinement with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply actual confinement against one's will in a prison employed for the purpose according to the provisions of the law. Generally gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Euthanasia In Canada
Euthanasia in Canada in its legal voluntary form is called Medical Assistance in Dying (MAiD, also spelled MAID) and it first became legal along with assisted suicide in June 2016 for those whose death was reasonably foreseeable. Before this time, it was illegal as a form of culpable homicide. In March 2021, the law was further amended by Bill C-7 to include those suffering from a grievous and irremediable condition whose death was not reasonably foreseeable. The planned inclusion of people with mental illnesses is controversial and has been repeatedly delayed. The legality of this postponement to 2027 is being challenged in court. The intensity and breadth of Canada's MAID program has led to condemnation of its program by UN human rights experts and disability rights groups in Canada. It has also been the subject of substantial international attention and criticism. Human rights advocates have criticized Canada's euthanasia laws for lacking safeguards, devaluing the lives of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Code (Canada)
The ''Criminal Code'' () is a law of the Parliament of Canada that codifies most, but not all, criminal offences and criminal procedure in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ). It is indexed in the Revised Statutes of Canada, 1985 as chapter number C-46 and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the '' Constitution Act, 1867'' establishes that the Parliament of Canada has sole jurisdiction over criminal law. Accordingly, the Criminal Code applies to the entirety of the country, meaning that in Canada, all crimes which are defined under the Criminal Code are federal crimes and can be prosecuted anywhere they occur in or out of the country. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the Code include the '' Firearms Act'', the '' Controlled Drugs and Substances Act'', the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carter V Canada (AG)
''Carter v Canada (AG)'', 2015 SCC 5 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") by several parties, including the family of Kay Carter, a woman suffering from degenerative spinal stenosis, and Gloria Taylor, a woman suffering from amyotrophic lateral sclerosis ("ALS").Carter v. Canada: The Death with Dignity Case British Columbia Civil Liberties Association In a unanimous decision on February 6, 2015, the Court struck down the provision in the '''', thereby giving Canadian adults who are mentally competent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. Early life and family McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were " fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the '' Alberta Law Review'') from the University of Alberta. McLachlin has one son, Angus (born 1976), from her first marriage to Roderick McLachlin, who took care of much of Angus's upbringing. Roderick McLachlin died of cancer in 1988, a few days after she was appointed chief justice of the B.C. Supreme Court. In 1992, McLachlin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
