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


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In the News (Mon 22 Sep 14)

  
  Constitutional Act, 1982
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.
A reference in this Charter to a Province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.
laws.justice.gc.ca /en/const/annex_e.html   (3659 words)

  
 Language Rights 1999-2000   (Site not responding. Last check: 2007-10-11)
In addition, such rights should be construed remedially "in recognition of previous injustices that have gone unredressed and which have required the entrenchment of protection for minority language rights."{9} Again, these basic principles underscore the active role that government must take in providing resources and institutional structures necessary to the effective exercise of language rights.
As the Court declared: "Language rights must in all cases be interpreted purposively, in a manner consistent with the preservation and development of official language communities in Canada."{13} To this the Court added the remedial nature of language rights, and hence the need to ensure that appropriate remedies are fashioned to meet past injustices.
The right of admission to minority official language instruction and schools is, for the most part, determined by reference to the mother tongue of a child's mother or father, or by reference to the official language in which a parent received his or her primary education in Canada.
www.ocol-clo.gc.ca /archives/lr_dl/1999-2000/1999_e.htm   (15319 words)

  
 CHRR - Canadian Human Rights Reporter   (Site not responding. Last check: 2007-10-11)
Section 11 of the Act provides that it is a discriminatory practice to have differences in wages between male and female employees in the same establishment who are performing work of equal value.
Section 2 also allows, where possible, for statutes to be construed and applied in a fashion that they become consistent with the enumerated rights.
Section 10 could have been drafted to make it clear that notwithstanding any collective agreement to the contrary, applicable to any employees of the establishment, the latter concept includes workplaces where all employees are subject to a common personnel and wage policy, whether or not such policy is administered centrally.
www.cdn-hr-reporter.ca /98-228e.htm   (12655 words)

  
 The Constitution Act, 1982
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.(13)
This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.
www.solon.org /Constitutions/Canada/English/ca_1982.html   (4935 words)

  
 ICL - Canada - Constitution Act 1982
(1) A proclamation shall not be issued under Section 38 (1) before the expiration of one year from the adoption of the resolution initiating the amendment procedure, unless the legislative assembly of each province has previously adopted a resolution of assent or dissent.
Where an amendment is made under Section 38 (1) that transfers provincial legislative powers relating to education or other cultural matters from provincial legislatures to Parliament, Canada shall provide reasonable compensation to any province to which the amendment does not apply.
(3) This section may be repealed on the day Section 23 (1)(a) comes into force in respect of Quebec and this act amended and renumbered, consequentially up the repeal of this section, by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.
www.oefre.unibe.ch /law/icl/ca02000_.html   (3646 words)

  
 NAWL Briefs - Brief to the Canadian Human Rights Act Review Panel   (Site not responding. Last check: 2007-10-11)
Affirming a right to equality is in keeping with a substantive approach which focuses on the impact of policies and practises on women – in other words on results – rather than on discriminatory intent or discrimination on the face of a policy or practise.
Furthermore, recognising the importance of social and economic rights as fundamental components of equality rights is consistent with the substantive and contextual reading of equality rights adopted by the Supreme Court of Canada, as well as with its jurisprudence on the role of international law in interpreting the Canadian Charter and human rights legislation.
In Canada, human rights should constitute protection available to all people subject to federal laws, and in fact, are doubly important in the context of women and men who are already vulnerable because of their tenuous immigration status.
www.nawl.ca /brief-chra.html   (15715 words)

  
 Virtual Law Office: Constitution Act, 1982
Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
The procedures for amendment under sections 38, 41, 42 and 43 may be initiated either by the Senate or the House of Commons or by the legislative assembly of a province.
This section may be repealed on the day paragraph 23(1)(a) comes into force in respect of Quebec and this Act amended and renumbered, consequentially upon the repeal of this section, by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.
www.bloorstreet.com /200block/sconst82.htm   (4682 words)

  
 "Lost Canadian Children"
Although my mother's intentions were honorable, she was still a Canadian citizen when granted custody in 1953; she did not become a U.S. citizen until 1955 when the INS accepted the flawed child custody decision.
In early 1997, the Supreme Court held this provision to be discriminatory and in violation of section 15 of the Canadian Charter of Rights and Freedoms.
Benner's Canadian citizenship was granted though he was born "abroad" in the U.S. to a Canadian mother, without the more onerous requirements of the point system.
lostcanadianchildren.com   (4053 words)

  
 Human Rights Bilbiography
This is a rather eclectic collection of articles and chapters relating to human rights, primarily intended to help the students in my class, POL-417 Human Rights Theories.
The Rights and Wrongs of Abortion [with Thomas Nagel and Thomas Scanlon (eds.)] (Princeton: Princeton Univ. Press, 1974)
Graff, James A: "Human Rights, Proples, and the Right to Self-Determination," in Judith Baker (ed.), Group Rights, Toronto: University of Toronto Press, 1994, 186-214
www.sfu.ca /~aheard/417/HR_bib.html   (5418 words)

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