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


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In the News (Wed 22 Oct 14)

  
  Section One of the Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed.
The equality right infringed in the process of pursuing that objective is examined, with its "importance" to those whose rights were limited evaluated; this evaluation is then balanced against a judgment as to whether the limit achieves the objective.
An early version of the section guaranteed rights "subject only to such reasonable limits as are generally accepted in a free and democratic society with a parliamentary system of government." This wording sparked debate over what government actions could be "generally accepted," with civil libertarians arguing that the clause would render Charter rights impotent.
en.wikipedia.org /wiki/Oakes_test   (1797 words)

  
 Tuesday, October 4, 1994 -- PRIVATE MEMBERS' BUSINESS (103)   (Site not responding. Last check: 2007-11-02)
Section 1 of the charter states that an individual's rights and freedoms are subject to certain reasonable limits.
It is not necessary to change the title of this charter to emphasize the integral relationship between the individual's rights and his or her responsibility to the rest of society.
Section 38 permits amendment of the Constitution on the consent of the Senate, the House of Commons and the legislative assemblies of at least two-thirds of the provinces having at least 50 per cent of the population of all the provinces.
www.parl.gc.ca /english/hansard/previous/103_94-10-04/103PB1E.html   (7133 words)

  
 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.
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 the appropriate legislative authority thereof, as the case may be.
laws.justice.gc.ca /en/const/annex_e.html   (3659 words)

  
 ipedia.com: Canada Article   (Site not responding. Last check: 2007-11-02)
Notably, the 1982 Constitution Act contained a Charter of Rights and Freedoms that countered Quebec's laws (Bill 101) regarding the protection of the French language, which Quebec had declared to be the official language of the province.
The official language of Quebec is French, as defined by the province's Charter of the French Language; this law lays out various protections for the use of French as a vehicular language, but also provides certain rights for English speakers and speakers of aboriginal languages.
Canadian culture was a topic of international discussion in 2003, when Canada refused to join the US-led 2003 Iraq War, moved toward legalizing same-sex marriage, and took steps towards decriminalizing the possession of small amounts of marijuana.
www.ipedia.com /canada.html   (3113 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)

  
 Human Rights Program
Section 15 of the Charter (equality rights) came into effect three years after the rest of the Charter, on April 17, 1985, to give governments time to bring their laws into line with section 15.
The Charter is founded on the rule of law and entrenches in the Constitution of Canada the rights and freedoms Canadians believe are necessary in a free and democratic society.
Anyone who believes his or her rights or freedoms under the Charter have been infringed by any level of government can go to court to ask for a remedy.
www.pch.gc.ca /progs/pdp-hrp/canada/freedom_e.cfm   (698 words)

  
 Thomson Nelson - Political Science -Canadian Politics on the Web/Civil Rights in Canada
Parliament passed the Bill of Rights in 1960, as one means of protecting Canadians from government excesses.
Quebec has its own provincial Charter of Human Rights that has been given enough weight in the courts to strike down other legislation even though it is an ordinary statute.
Reference re Provincial Electoral Boundaries [1991] laid down the principle that the right to vote in s.3 of the Charter included the right to 'effective representation' that requires the the size of electoral districts not vary too greatly.
polisci.nelson.com /rights.html   (1188 words)

  
 Section One of the Canadian Charter of Rights... - Wikipedia, the free encyclopedia
Section One of the Canadian Charter of Rights...
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en.wikipedia.org /wiki/Section_One_of_the_Canadian_Charter_of_Rights...   (69 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)

  
 Church-State Separation by Clark Moeller   (Site not responding. Last check: 2007-11-02)
Freedom House's annual report is widely used by scholars and politicians as the authoritative source for evaluating civil freedoms.
As more rights are added, such as religious liberty, and these are sufficiently guaranteed so that citizens take them for granted, we call the democracy "established." The adoption of civil rights laws and their implementation has been and continues to be an evolutionary process.
That is the case unless the religious institution is the organizing vehicle for a community's struggle for freedom or survival, as was the case with churches during the civil rights movement in the United States or the Polish effort to be free from the Soviet Union.
padnet.org /CSS2/CSS2Notes.html   (14769 words)

  
 Supplemental Evidence   (Site not responding. Last check: 2007-11-02)
7 of the Charter the moment it is open to a judge to impose imprisonment; to which the Crown openly admitted is a possibility given the offence by which I was charged.
Their duties are no more special than any other citizen of British Columbia or Canada who are likewise engaged in the pursuit of a livelihood, or enjoying their protected right to life, liberty and security of the person, which is the protection I myself expressly asked for in my brief as per s.
And whereas my rights to such freedoms are equal to those granted privilege in the aforesaid Bylaws, it is clear that a violation of the Charter has been proven, and I should receive the protection of the law as sought in my petition before this Honourable Court on May 16, 2001.
www.fathers.ca /supplemental_evidence.htm   (783 words)

  
 Accessibility Laws In Canada | evolt.org   (Site not responding. Last check: 2007-11-02)
So while you may have individual rights to free speech, your right to free speech should not infringe on another person's rights.
There is the Canadian Charter of Rights and Freedoms that is the overarching legislation.
Links to the federal and provincial Human Rights Commissions are at the bottom of this article.
evolt.org /article/Accessibility_Laws_In_Canada/4090/28074?format=print   (1483 words)

  
 The Constitution Act, 1982   (Site not responding. Last check: 2007-11-02)
(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)
Section 32 came into force on April 17, 1982; therefore section 15 had effect on April 17, 1985.
www.solon.org /Constitutions/Canada/English/ca_1982.html   (4935 words)

  
 Canadian Charter of Rights and Freedoms
Nothing in section 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.
(b) any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement.
(1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate nothwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.
www.hackcanada.com /canadian/freedom/ccrf.html   (2055 words)

  
 CANADIAN CHARTER OF RIGHTS AND FREEDOMS
16.1 (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.
ENFORCEMENT OF GUARANTEED RIGHTS AND FREEDOMS / Exclusion of evidence bringing administration of justice into disrepute.
(b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.
www.efc.ca /pages/law/charter/charter.text.html   (2369 words)

  
 PRL Web Resources
Lists of and links to Canadian universities and colleges are included, as well as resources on such topics aspects of student life, job hunting and work abroad.
Sections on Canadian Poetry and Criticism on Poetry.
There are special sections for sharks, whales, dinosaurs, butterflies, birds, and astronomy as well as a link to craft ideas.
www.prl.ab.ca /web-res.html   (4605 words)

  
 Human Rights - Canadian Social Research Links
The inclusion of sexual orientation in the Canadian Human Rights Act was a positive step forward by Parliament, and is now celebrated as a testament to a society that is viewed around the world as tolerant, inclusive and respectful of individual choice and fulfilment.
CCPI is a national coalition founded in 1989 to bring together low-income activists and poverty law advocates for the purpose of assisting poor people in Canada to secure and assert their rights under international human rights law, the Canadian Charter of Rights and Freedoms (the "Charter"), human rights legislation and other laws in Canada.
Freedom House, Transparency International, Amnesty International, Human Rights Watch, The International Commission of Jurists are THE names where political rights, civil liberties, press freedom, perceptions of corruption, human rights, and the rule of law, are concerned.
www.canadiansocialresearch.net /rights.htm   (10630 words)

  
 CanLII >> Canada >> Constitutional Documents >> The Constitution Act, 1982   (Site not responding. Last check: 2007-11-02)
An Act to amend and continue the Act 32-33 Victoria chapter 3; and to establish and provide for the Government of the Province of Manitoba, 1870, 33 Vict., c.
Canadian Speaker (Appointment of Deputy) Act, 1895, 2nd Sess., 59 Vict., c.
Section 2 is repealed and the following substituted therefor:
www.canlii.org /ca/const_en/const1982.html   (4209 words)

  
 Foreign Law   (Site not responding. Last check: 2007-11-02)
Includes constitutions, charters, amendments, and other related documents.
At the end of each country section is a bibliography of sources of the country’s laws in English.
Foreign language section and English translation section to the periodical-format publication for new laws.
library.law.smu.edu /Foreign-Law.htm   (1172 words)

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