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Topic: Section Eight of the Canadian Charter of Rights and Freedoms

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	Section 28 (Site not responding. Last check: 2007-10-29)
		Section 28 was a controversial amendment to the United Kingdom's Local Government Act 1986, enacted by the Local Government Act 1988 on 24 May 1988 and repealed on 18 November 2003.
		Section 28 was primarily supported by religious groups such as The Christian Institute, the African and Caribbean Evangelical Association, the Christian Action Research and Education, the Muslim Council of Britain, and groups within the Roman Catholic Church and the Church of England.
		Section 28 made the assumption that homosexuals were inherently dangerous to children, implying an association between homosexuality and paedophilia.
	en.askmore.net /Section_28.htm (3011 words)

	Category:Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia
		Section Fifteen of the Canadian Charter of Rights and Freedoms
		Section Sixteen One of the Canadian Charter of Rights and Freedoms
		Section Seventeen of the Canadian Charter of Rights and Freedoms
	en.wikipedia.org /wiki/Category:Canadian_Charter_of_Rights_and_Freedoms (363 words)

	Section Twenty-eight of the Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia
		Section Twenty-eight of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada's Charter of Rights, but it does not contain a right so much as it provides a guide as to how to interpret rights in the Charter.
		Specifically, section 28 addresses concerns of sexual equality, and is analogous to (and was modelled after) the proposed Equal Rights Amendment in the United States.
		Section 28 is not so much a right because it does not state that men and women are equal; this is done by section 15.
	en.wikipedia.org /wiki/Section_Twenty-eight_of_the_Canadian_Charter_of_Rights_and_Freedoms (566 words)

	Which Canadian Supreme Court Justice are you? version 0.1
		Canadian Charter of Rights and Freedoms before you start, because as a Supreme Court Justice, interpreting that document is a big part of your job.
		Section 43 "perpetuates the notion of children as property rather than human beings and sends the message that their bodily integrity and physical security is to be sacrificed to the will of their parents, however misguided." It must be severed from the Criminal Code.
		Section 43 permits children to be the subject of physical force that would be criminal assault if applied to adults, thereby violating their 15.(1) equality rights.
	ansuz.sooke.bc.ca /justices (3427 words)

	Canada, R v. Finta
		Similarly, these sections, notwithstanding the allegation that they allegedly subject the individual to prosecution based on an extension of jurisdiction for crimes for which the people of Canada are not criminally liable, are not contrary to the principles of fundamental justice.
		Charter jurisprudence relating to fundamental justice does not require, merely because a special stigma might attach to certain offences, that only the jury be entrusted with finding mens rea and only on a standard of proof beyond a reasonable doubt.
		Section 11(g) of the Charter specifically refers to the permissibility of conviction on the basis of international law or the general principles of law recognized by the community of nations.
	www.hrcr.org /safrica/arrested_rights/finta.html (5492 words)

	United Nations Human Rights Website - Treaty Bodies Database - Document - Summary Record - Canada
		The adoption of the Canadian Multiculturalism Act was a commendable initiative which complied fully with article 1, paragraph 4, and article 2, paragraph 2, of the Convention, but neither periodic report provided the detailed information previously requested by the Committee on the impact of implementation of the Act on the Canadian way of life.
		The Canadian Human Rights Commission report of 1990 quoted in the 1994 Cree Report had been critical of the Indian Act and its amendments, which were described as "a paternalistic relic of the past" incompatible with Canada's domestic and international human rights obligations.
		Canadian human rights legislation was based on the adversarial system, which assumed that the victim of an alleged offence had the knowledge, courage and tenacity to pursue a claim through the courts.
	www.unhchr.ch /tbs/doc.nsf/(Symbol)/CERD.C.SR.1043.En?Opendocument (6895 words)

	R. v. Lafitte (Site not responding. Last check: 2007-10-29)
		The trial judge concluded that section 43(3) of the Tobacco Tax Act was inconsistent was cruel and unusual punishment in violation of section 12 of the Canadian Charter of Rights and Freedoms, 1982.
		It was conceded at trial by counsel for the respondents that the provisions of section 43(3) of the TTA establish that forfeiture of contraband or of a conveyance obtains from operation of law, not from judicial act.
		Furthermore, section 164(1) of the Excise Act provides that an application by an innocent third party for a declaration of interest in property seized must be made to either the Federal Court or a superior court of a province, regardless of the venue of the actual prosecution.
	www.tobaccolaw.org /documents/english/Cases/RvLafitte.htm (5063 words)

	Charters and Constitution-making Comparing the Canadian Charter of Rights and Freedoms and the European Charter of ...
		Charters or bills of rights are central ingredients in the constitutional make-up of modern democratic polities.
		In addition to conventionally accepted provisions, which most charters and bills of rights hold, and which pertain to such rights and freedoms as the right to life, security, and dignity, there are numerous articles that seek to respond directly to contemporary issues and challenges.
		In the Charter the diversity of Europe is referred to in the preamble as well as in particular in Article 22 which states that “The Union shall respect cultural, religious and linguistic diversity.” There are no explicit provisions on official languages or minority language educational rights such as in the Canadian Charter.
	www.arena.uio.no /publications/wp02_8.htm (7178 words)

	Canada
		The Charter of Rights and Freedoms provides for equal benefits and protection of the law regardless of race, national or ethnic origin, color, sex, age, or mental or physical disability.
		The Charter of Rights and Freedoms specifically protects aboriginal rights, including those established by historical land claims settlements; aboriginal rights also are recognized in the Constitution and by the courts.
		The 1982 Charter of Rights and Freedoms protects the linguistic and cultural rights of minorities and established English and French as the country's two official languages.
	www.state.gov /g/drl/rls/hrrpt/2003/27889.htm (4668 words)

	Canadian Conservative Forum - Requested Essay
		Albertans have been told that section 33 is a political "sledgehammer" to be associated with "banana republics and dictatorial regimes." Its use has been likened to a "nightmare scenario" and we are told that it was intended to be used only "for matters of national emergency." None of these allegations are true.
		Section 33 was one of the compromises worked out between former Prime Minister Trudeau and seven of the eight provinces that opposed his "constitutional patriation" plans of 1980-81.
		The objective of these new rights advocacy groups is not to protect rights traditionally understood, but to enlist the moral authority of the right claimed as a means of persuading judges to change the policy status quo.
	www.conservativeforum.org /EssaysForm.asp?ID=6199 (4449 words)

	Canada, McKinney v. University of Guelph
		This is an appeal from a decision of the Ontario Court of Appeal which dismissed the applications of eight professors and a librarian at four Ontario universities for declarations that the policies of the universities requiring them to retire at age 65 violate s.
		In dissent, Wilson J. rejects the view, adopted by the majority of the Court, that the freedom guaranteed by the Charter is freedom for private individuals from government intervention.
		Section 15 is infringed, Wilson J. concludes, because the mandatory retirement policies of the universities were based on the assumption that with age comes increasing incompetence.
	www.hrcr.org /safrica/labor/mckinney_guelph.html (1737 words)

	LIJ: Volume 78: No.12 (December 2004) - Human rights it’s time
		[19] It accepts, however, that the rights and freedoms contained can be subject to reasonable and justified limitations of a free and democratic society,[20] thus setting a standard to be met by the legislature and in the common law developed by the courts.
		It allows the Parliament to declare that a legislative provision is to apply “notwithstanding”[29] the Charter, and it also provides for the Charter rights to be “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”.
		It is obvious that human rights necessarily entail responsibilities,[35] so we would argue against the too cautious locution suggested in the Statement, of a “Charter of Human Rights and Responsibilities”, which suggests a polarisation where none exists.
	homepage.mac.com /jamie_gardiner/words/LIJ78_12_HumanRights.html (3477 words)

	Male Circumcision
		Section 268 of the Criminal Code prohibits genital mutilation of females, but by failing to extend the same protection to males, this section now contravenes Sections 15 and 28 of the Charter of Rights and Freedoms.
		Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
		Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c.11.
	www.cirp.org /library/legal/Canada/court1 (8255 words)

	cric.ca - Canada's Portal - Quick Guide (Site not responding. Last check: 2007-10-29)
		Canadians are deeply attached to the Charter of Rights and Freedoms.
		The section that calls for the Charter to be interpreted consistent with the preservation and enhancement of Canada’s multicultural heritage is supported by 86% of the population.
		Across the country, 78% of Canadians agree with the courts that Charter prohibition of discrimination should be extended to gays and lesbians.
	www.cric.ca /en_html/guide/charter/charter.html (1534 words)

	Electoral Rights: Charter of Rights and Freedoms (90-5E) (Site not responding. Last check: 2007-10-29)
		In the first round of Charter challenges, the courts did not go from the question of whether there was a right to cast a vote to looking at the quality of the vote cast. In 1986, however, a petitioner in British Columbia asked for a declaration that unevenly populated electoral districts violate the Charter.
		Given the degree to which the principle of relative equality of voting rights had been infringed, however, together with the lack of justification in terms of regional or geographical concerns or short‑term population fluctuations, the electoral boundaries could not be saved under section 1 of the Charter.
		Turning to a section 1 analysis, the Court decided that the purpose of the legislation was sufficiently pressing and substantial to justify a possible infringement of freedom of expression. Moreover, the reservation of broadcast time was proportionate to the purpose and constitutionally valid.
	www.parl.gc.ca /information/library/PRBpubs/905-e.htm (4391 words)

	Canadian Charter of Rights and Freedoms. Beaudoin and Mendes. 3rd ed., 1995. Human Rights Research and Education ... (Site not responding. Last check: 2007-10-29)
		Patriation of the Constitution and Adoption 1-7 of the Canadian Charter of Rights and Freedoms (a) The Patriation Reference 1-7 (b) November 5, 1981 and April 17, 1982 1-11 4.
		Freedom of Association 6-9 (a) Collective Bargaining and the Charte 6-11 (b) International Commitments 6-12 (c) Placing Collective Bargaining and the Charter at Arm's Length 6-16 (d) Freedom from Unions 6-22 (e) The Criminal Law 6-25 (f) The Family 6-29 (g) Other Statutory Restrictions 6-30 3.
		Conclusion 17-37 Chapter 18 Multiculturalism in the Canadian Charter of Rights and Freedoms -Joseph Eliot Magnet 1.
	www.cdp-hrc.uottawa.ca /publicat/charter.html (1599 words)

	Human Rights Program
		Section 15 prohibits discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability, or analogous groups, which has been interpreted to include sexual orientation.
		Section 28 provides: "Notwithstanding anything in this Charter, the rights and freedoms referred to it are guaranteed equally to male and female persons." The Charter generally governs the relationships between governments (federal, provincial and municipal) and individuals rather than between individuals.
		Canada's promotion of gender equality is based on a belief that equal rights for women are an essential component of progress on human rights and democratic development, and sustainable development will only be achieved if women are able to participate as equal decision makers in, and beneficiaries of, that development.
	www.pch.gc.ca /progs/pdp-hrp/docs/cedaw5/over_e.cfm (3644 words)

	Ten Court Rulings That Cemented Rights And Freedoms
		Eight of the 10 top rulings were clustered in a period from 1985 to 1991, during which the Supreme Court of Canada first began to grapple with the Charter.
		In measuring whether a Charter breach can be justified by the government, the Oakes ruling said the offending law must be "proportionate" and "rationally connected" to its ultimate goal, and it must also breach the right as little as possible.
		Reference re B.C. Motor Vehicle Act, 1985: Using the Charter's Section 7 guarantee of life, liberty and security of the person, the Supreme Court struck down a law under which anyone caught driving with a suspended licence was subject to a jail term.
	www.mapinc.org /newstcl/v07/n466/a01.html (788 words)

	Random Works of the Web » Blog Archive » Section 28
		Section 28 was a controversial amendment to the United Kingdom’s 1988 Local Government Act, enacted on 24 May 1988 and repealed on 18 November 2003.
		Section 28 was primarily supported by religious groups opposed to LGBT rights such as The Christian Institute, the African and Caribbean Evangelical Association, the Christian Action Research and Education, the Muslim Council of Britain, and groups within the Roman Catholic Church and the Church of England.
		Section 28 came with a loaded, homophobic assumption that homosexuals were inherently dangerous to children, wrongly equating homosexuality with paedophilia.
	random.dragonslife.org /section-28/3142 (2318 words)

	Canadian Federal Prisoners' and their Families' Prisoner Stories Page
		Section 301 of the Canadian Criminal Code (under which the two were charged) states: "Every one who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years." On December 19, 1995, the presiding judge granted the Canadian Civil Liberties Association (CCLA) intervenor status.
		The CCLA argued that section 301 was unconstitutional, and infringed the defendants' rights to freedom of thought and expression guaranteed under section 2 (b) of the Charter of Rights and Freedoms.
		Under section 1 of the Canadian Charter of Rights and Freedoms it is stated that certain limits to some rights will be considered reasonable in order to maintain "a free and democratic society".
	www.homestead.com /justice01/prisonerstories.html (3129 words)

	Canadian Human Rights Commission :: Overview :: Strategic Initiatives :: A Matter of Rights
		The existence of fundamental human rights and freedoms, including the right of every individual to participate in society without...
		Section 12(1)(b) of the then Indian Act required that if a First Nation woman registered under the Indian Act married a man without Indian status, she would lose her entitlement to status.
		Ivonne Bedard [1974] S.C.R. the Supreme Court of Canada held that section 12(1)(b) was fully operative, irrespective of its inconsistency with the Canadian Bill of Rights on account of discrimination based on sex.
	www.chrc-ccdp.ca /proactive_initiatives/section_67/page2-en.asp (940 words)

	Relevant Canadian Laws (Site not responding. Last check: 2007-10-29)
		This includes "property and civil rights", which most provinces have used to regulate local commerce and deceptive trade practices.
		Canadian provinces have no power to enact criminal law, but may create offences dealing with "property and civil rights", which includes many commercial activities.
		Eight of the ten provinces have enacted offence and regulatory provisions dealing with unfair or deceptive trade practices.
	www.crimes-of-persuasion.com /Laws/Canada/canadian.htm (244 words)

	Canadian Dimension / Articles / Wheat board battle a titanic ideological struggle (Frances Russell)
		PRIME Minister Stephen Harper’s attack on the Canadian Wheat Board reflects his view that property rights should be constitutionally entrenched; that democracy comes from the bank account as much as from the ballot.
		The board’s opponents — and private property rights advocates — keep pointing to the fact that a relatively small number of “business” farmers produce the bulk of Canada’s wheat and barley crop.
		On a campaign-style visit to Quebec just before Christmas, Harper reiterated his support for entrenching property rights in the Charter of Rights and Freedoms when the time is right.
	canadiandimension.com /articles/2007/01/03/819 (994 words)

	CBC News In Depth: Same-sex rights
		The judge rules that the definition violates the Charter of Rights and Freedoms and declares that the words "a man and woman" should be replaced with "two persons." "H" appeals the decision.
		The Ontario Superior Court rules that prohibiting gay couples from marrying is unconstitutional and violates the Charter of Rights and Freedoms.
		The Quebec Court of Appeal rules that homosexuals have the right to marry, and that the traditional definition of marriage is discriminatory and unjustified.
	www.cbc.ca /news/background/samesexrights/timeline_canada.html (5064 words)

	Zundelsite - ZGram - February 27, 1997 (Site not responding. Last check: 2007-10-29)
		"Section 2(b) of the Charter protects the right of a minority to express its view, however unpopular it may be.
		Fromm was a founder and director of the Canadian Association for Free Expression, formed in 1981.
		The Board Administration was acting on a complaint by the League for Human Rights of B'nai Brith, a political lobby group which enjoys charitable tax status.
	www.zundelsite.org /english/zgrams/zg1997/zg9702/970227.html (824 words)

	Ombudsman (Site not responding. Last check: 2007-10-29)
		Yves Côté was appointed the second Ombudsman for the Department of National Defence and Canadian Forces in July 2005.
		Côté was with the Department of Justice where he held a variety of positions and worked extensively in areas dealing with the Canadian Charter of Rights and Freedoms as well as human rights.
		In that position, he was responsible for the provision of legal advice to his clients in all areas, except those relating to military law and military discipline.
	www.ombudsman.forces.gc.ca /ombudsman/main_e.asp (371 words)

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