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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Quebec
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA; ) is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The court was created on May 30, 1849, as the Court of Queen's Bench () – or Court of King's Bench () depending on the gender of the current monarch serving as head of state first of the United Kingdom, then of Canada. The court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the ''Criminal Code (Canada), Criminal Code'', someone wishing to appeal a decision of either the Quebec Superior Court, Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the amount in dispute is at least $60,00 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Edwards Books Ltd
''R v Edwards Books and Art Ltd'' 9862 SCR 713 is a leading Supreme Court of Canada decision on the constitutional validity of an Ontario provincial Sunday closing law. The Court found that the legislation was within the power of the province to legislate but it was in violation of the right to freedom of religion under section 2(a) of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''"). However, it could be saved under section 1. Three issues were before the Court: # Whether the Act was within the legislative powers of the province provided by section 92 of the ''Constitution Act, 1867'' # Whether any part of the Act violated sections 2(a), 7, or 15 of the ''Charter'' # Whether any violation could be saved under section 1 The Court found that the law was within the power of the province, that it violated section 2(a), but could be saved under section 1. They dismissed the appeals of Edwards, Longo and Magder, and allowed the Crown's appeal of the Nortown decision, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jewish Canadian History
Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, religion, and community are highly interrelated, as Judaism is their ethnic religion, though it is not practiced by all ethnic Jews. Despite this, religious Jews regard Gerim, converts to Judaism as members of the Jewish nation, pursuant to the Conversion to Judaism, long-standing conversion process. The Israelites emerged from the pre-existing Canaanite peoples to establish Kingdom of Israel (Samaria), Israel and Kingdom of Judah, Judah in the Southern Levant during the Iron Age.John Day (Old Testament scholar), John Day (2005), ''In Search of Pre-Exilic Israel'', Bloomsbury Publishing, pp. 47.5 [48] 'In this sense, the emergence of ancient Israel is viewed not as the cause of the demise of Canaanite culture but as its upshot'. Originally, J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Freedom Of Religion Case Law
Canadians () are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity and Canadian values. Canada has also been strongly influenced by its linguistic, geographic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Status Of Religious Freedom In Canada
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference. According to the 2021 census, Christianity is the largest religion in Canada, with 53.3% of the population (more than half of these are Roman Catholic); one third of Canadians stated that they were irreligious or had no religion. In 2023, the country was scored 3 out of 4 for religious freedom; it was noted that in 2019, a new law was put in place stating that some government employees in positions of authority were not allowed to wear religious symbols. Legal framework Constitutional rights The " Fundamental Freedoms" section of the Canadian Charter of Rights and Freedoms states: :2. Everyone has the following fundamental freedoms: ::(a) freedom of conscience and religion; ::(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; ::(c) freedom o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of The Jews In Canada
The history of the Jews in Canada goes back to the 1700s. Canadian Jews, whether by culture, ethnicity, or religion, form the fourth largest Jewish community in the world, exceeded only by those in Israel, the United States and France. In the 2021 census, 335,295 people reported their religion as Jewish, accounting for 0.9% of the Canadian population. Some estimates have placed the enlarged number of Jews, such as those who may be culturally or ethnically Jewish, though not necessarily religiously, at more than 400,000 people, or approximately 1.4% of the Canadian population. The Jewish community in Canada is composed predominantly of Ashkenazi Jews. Other Jewish ethnic divisions are also represented and include Sephardi Jews, Mizrahi Jews, and Bene Israel. Converts to Judaism also comprise the Jewish-Canadian community, which manifests a wide range of Jewish cultural traditions and the full spectrum of Jewish religious observance. Though they are a small minority, they ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases (McLachlin Court)
This is a chronological list of notable cases decided by the 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 eac ... from the appointment of Beverley McLachlin as Chief Justice of Canada to her retirement in 2017. 2000–2004 2005–2009 2010–2017 See also * List of notable Canadian Courts of Appeals cases {{DEFAULTSORT:Supreme Court of Canada cases (McLachlin Court) (2000-present) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ... [...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] |
Expert Testimony
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Free Will
Free will is generally understood as the capacity or ability of people to (a) choice, choose between different possible courses of Action (philosophy), action, (b) exercise control over their actions in a way that is necessary for moral responsibility, or (c) be the ultimate source or originator of their actions. There are different theories as to its nature, and these aspects are often emphasized differently depending on philosophical tradition, with debates focusing on whether and how such freedom can coexist with determinism, divine foreknowledge, and other constraints. Free will is closely linked to the concepts of moral responsibility, praise, culpability, and other judgements which apply only to actions that are freely chosen. It is also connected with the concepts of Advice (opinion), advice, persuasion, deliberation, and Prohibitionism, prohibition. Traditionally, only actions that are freely Will (philosophy), willed are seen as deserving credit or blame. Whether free ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
