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


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In the News (Fri 17 Feb 12)

  
  Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia
Section 27: Charter to be interpreted in a multicultural context
Section 34: citation (ie., this section states that the first 34 sections of the Constitution Act, 1982 may be collectively referred to as the "Canadian Charter of Rights and Freedoms").
While the Charter was adopted in 1982, it was not until three years later in 1985 that the main provisions regarding equality rights (Section 15) came into effect.
en.wikipedia.org /wiki/Canadian_Charter_of_Rights_and_Freedoms   (1924 words)

  
 Info on the Canadian Charter of Rights and Freedoms   (Site not responding. Last check: 2007-10-29)
The purpose of the Charter is to prevent the government from violating your rights and freedoms.
Section 3 guarantees that Canadian citizens have the right to vote in federal and provincial elections.
This section states that the rights set out in the Charter are not to be interpreted in a way that would take away or reduce aboriginal, treaty, or other rights and freedoms of aboriginal people.
www.legal-rights.org /Laws/info_on_charter.html   (4634 words)

  
 The Canadian Charter of Rights and Freedoms   (Site not responding. Last check: 2007-10-29)
Included in these sections is the right to vote, the right to run for public office, and the maximum duration and sitting of legislative bodies.
Equality Rights (Section 15): This section includes the right to equal treatment before and under the law; and to equal benefit and protection of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age, mental or physical disability.
Charter decisions are frequently used by the courts of other countries when interpreting human rights guarantees in their bills of rights.
canada.justice.gc.ca /en/news/fs/2003/doc_30898.html   (1125 words)

  
 Human Rights Program
Section 1 of the Charter says that other laws may limit the rights and freedoms in the Charter so long as those laws are reasonable and justified in a free and democratic society.
Section 1 of the Charter says that governments may limit Charter rights so long as those limits are ones that a free and democratic society would accept as reasonable.
Under section 33 of the Charter (sometimes called the “notwithstanding clause”), Parliament or a legislature can make a particular law exempt from certain sections of the Charter – the fundamental freedoms (in section 2), the legal rights (in sections 7 to 14) and the equality rights (in section 15).
www.pch.gc.ca /progs/pdp-hrp/canada/guide/overview_e.cfm   (1004 words)

  
 Canadian Charter of Rights and Freedoms
Therefore this section will allow that the rights that the Charter guarantees will be subject to a "notwithstanding clause." This means that Parliament or a provincial legislature could pass legislation that conflicts with a specific provision of the Charter in one of those areas.
Freedom of the press and other media is ensured and our right to gather in peaceful groups as well as our right to freedom of association is protected.
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.
www.walnet.org /csis/reports/charterrights.html   (1852 words)

  
 Charter of Rights & Freedoms: Legal Rights
Section 7 of the Charter gives everyone the right to life, liberty, and security of the person, and the right not to be deprived of these things unless it’s done according to principles of fundamental justice.
Refer to script 232, "Charter of Rights and Freedoms: Equality Rights," and script 230, "Charter of Rights and Freedoms: Overview." In addition to the legal rights in the Charter, there are other laws that give rights to anyone charged with an offence.
Section 24 of the Charter allows a person whose rights have been violated to apply to a court for a remedy the court considers appropriate and just in the circumstances.
www.cba.org /BC/public_media/rights/200.aspx   (1505 words)

  
 CNEWS - Canadiana: Charter of Rights and Freedoms
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.
This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.
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 theappropriate legislative authority thereof, as the case may be.
www.canoe.ca /Canadiana/charter.html   (2174 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)

  
 The Constitution Act, 1982   (Site not responding. Last check: 2007-10-29)
The term "freedom" refers to non-interference by the state: freedoms are restrictions that are placed upon the state with respect to the use of force.
The freedoms and rights set-out in the Charter are not unconditionally guaranteed.
Section 1 of the Charter, which appears under the heading "Guarantee of Rights and Freedoms", has been the means used by the courts to declare a law constitutional even when it violates one or more of the freedoms and rights set-out in the Charter.
www.ownlife.com /tax/ca_1982.html   (5430 words)

  
 Canadian Charter of Rights and Freedoms
Section 2 of the Charter protects "fundamental freedoms." These freedoms include the freedom of: (a) conscience and religion; (b) thought and expression; (c) assembly(for example, the right to get together and demonstrate against a government policy); (d) association (for example, the right to join a political party or an environmental group).
Section 1 of the Charter allows the government to limit the rights and freedoms found in the Charter.
Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c.
www.hri.ca /fortherecordCanada/vol1/guide-part_9.htm   (1722 words)

  
 Charter Equality Rights: Interpretation of Section 15 in Supreme Court of Canada Decisions (BP-402E)   (Site not responding. Last check: 2007-10-29)
The purpose of section 15 is to prevent the violation of human dignity and freedom by the imposition of disadvantage, stereotyping or prejudice, and to promote equal recognition at law of all persons as equally deserving.
A claim of discrimination is unfounded in the absence of conflict between the purpose or effect of the law under challenge and the purpose of section 15, as determined by analyzing the context of the claim and claimant.
(infringement of section 7 right not to be deprived of fundamental justice and of section 12 right
www.parl.gc.ca /information/library/PRBpubs/bp402-e.htm   (6241 words)

  
 CANADIAN CHARTER OF RIGHTS //
They have more rights in Canada than Canadians and Canadians are not allowed to change the Charter of Rights without permission from the prime minister and he wrote it in 1982.
Canadians are obligated and indeed compelled to protect, house, feed and give medical care to a never-ending line of terrorist activists.
Canadians as a whole do not vote for their prime ministers so there is no need for a prime minister to impress Canadians -- only control his party.
jamesbredin.tripod.com /numberfour/id8.html   (4535 words)

  
 Charter of Rights and Freedoms   (Site not responding. Last check: 2007-10-29)
Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.
Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership
The words of the Canadian Charter of Rights and Freedoms have been changed significantly since the British North American Act of 1867.
www.stthomasu.ca /~truth/truth01/finlwebs/famous/charter.htm   (212 words)

  
 CANADIAN CHARTER OF RIGHTS AND FREEDOMS
have the right to have their children receive primary and secondary school instruction in that language in that province.
Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.
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.
www.efc.ca /pages/law/charter/charter.text.html   (2369 words)

  
 Virtual Law Office: Constitution Act, 1982
It does seem that the The US Constitution originally emphasized states' rights, but the courts have shaped an over-riding federal jurisdiction; similarly, Canada was intended to be a strong federal state, but crucial early cases acknowledged greater provincial powers.
Aboriginal and treaty rights, previously subject to a variety of legislative infringements, were given constitutional recognition which has been held to put government to the test of justifying any future infringement.
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)

  
 The Constitution Act, 1982   (Site not responding. Last check: 2007-10-29)
(2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to the use in all institutions of the legislature and government of New Brunswick.
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)
(1) 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 province.
www.solon.org /Constitutions/Canada/English/ca_1982.html   (4935 words)

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