Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

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


Related Topics

In the News (Fri 17 Feb 12)

  
  Section Thirty-two of the Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia
Section Thirty-two of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter.
Section 32(1) describes the basis on which all rights can be enforced.
Section 32(2) was added in order to delay the enforcement of section 15 until government was given time to amend their laws to conform to the section.
en.wikipedia.org /wiki/Section_Thirty-two_of_the_Canadian_Charter_of_Rights_and_Freedoms   (606 words)

  
 Canadian Charter of Rights Decisions Digest - SECTION 24(1)   (Site not responding. Last check: 2007-10-10)
Section 52(1) of the Constitution Act, 1982 provides that any law that is inconsistent with the provisions of the Constitution is, to the extent of its inconsistency, of no force or effect.
Section 9(3) clearly confers Charter jurisdiction upon the extradition judge insofar as the issues are specific to the functions of the extradition hearing, and to the extent that the Charter remedies could have previously been granted by the habeas corpus judge.
In general, applicants for Charter relief should be allowed a reasonable measure of flexibility in framing their claims for relief in light of the interests the Charter rights on which they rely were designed to protect.
canlii.org /ca/com/chart/s-24-1.html   (16716 words)

  
 Europe and the Temptations of Right
Section 1 states that the Charter ‘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’.
Similarly the ‘right to life, liberty and security of the person’ in Section 7, which is compromised by the caveat ‘except in accordance with the principles of fundamental justice’, has been unable to assist those who have claimed the right to decide when and how to end their lives.
Canadian feminist scholars repeatedly stress the importance of specific judicial attitudes in determining the meaning of concepts such as ‘equality’, and moreover the instrumental importance of dissenting judgments, a conclusion that sits awkwardly with the ECJ’s absurd refusal to publish dissents.
www.ncl.ac.uk /nuls/research/wpapers/ward1.html   (8814 words)

  
 R. v. Lafitte   (Site not responding. Last check: 2007-10-10)
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)

  
 Canadian Charter of Rights Decisions Digest - SECTION 52(1)   (Site not responding. Last check: 2007-10-10)
In this case, the appellants' own equality rights are not at stake and they cannot acquire standing to make the initial application by attempting to rely upon the standing that some potential juror might have had to start the process.
In relying on Charter jurisprudence it is necessary to distinguish cases where claims for declarations have failed not for want of standing but because of an inability to establish a substantive right or the denial thereof (e.g.
But absent a Charter challenge, the Charter cannot be used as an interpretative tool to defeat the purpose of the legislation or to give the legislation an effect Parliament clearly intended it not to have.
www.canlii.org /ca/com/chart/s-52-1.html   (14395 words)

  
 Electoral Rights: Charter of Rights and Freedoms (90-5E)   (Site not responding. Last check: 2007-10-10)
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)

  
 bulletins.cfm
Because Canadian municipal government has its origins in the United Kingdom, the Affidavit examines the evolution of pre-democratic municipal representation in England and its transfer to Canada in the late eighteenth and early nineteenth centuries.
Canadian municipalities can trace their constitutional origins to English medieval municipal corporations, of which the City of London is the most famous.
If Canadian norms for the ratio of residents to municipal councillors and for the size of municipal councils are to be maintained, then municipalities cannot have populations of much more than one million people.
www.localgovernment.ca /show_libary.cfm?id=56   (8573 words)

  
 the pilcrow press: December 2004
whether "the freedom of religion guaranteed by paragraph 2(a) of the Canadian Charter of Rights and Freedoms protect[s] religious officials from being compelled to perform a marriage between two persons of the same sex that is contrary to their religious beliefs"; and
In essence, the Court answered the first question partly in the affirmative (with regards to the power of Parliament to extend the definition of marriage to same sex couples), and partly in the negative (with regards to its authority to prescribe rules for the solemnization of marriage, a power reserved to the Provinces).
Section 91(26) did not entrench the common law definition of "marriage" as it stood in 1867.
pilcrowpress.blogspot.com /2004_12_01_pilcrowpress_archive.html   (4091 words)

  
 bound by gravity   (Site not responding. Last check: 2007-10-10)
Many Canadians see your hyperbole-filled attacks on Jack and Paul as political opportunism and, unless you are a card carrying member of the Liberal Party, Canadians generally find political opportunism distasteful.
Instead it argues that the private sector be allowed to participate in the delivery of health care services and that Canadians be allowed to spend their own money to pay for health care if they desire that option.
McGuinty, you are out-of-step with the values of Canadians, and your senseless fear-mongering is the mark of a desperate man who is terrified to lose his seat in the pending federal election.
www.boundbygravity.com /2005_04_01_bbgarchive.aspx   (9991 words)

  
 Encyclopedia: Section Thirty three of the Canadia...   (Site not responding. Last check: 2007-10-10)
FACTOID # 127: Iceland has far more tractors per 1000 hectares of cropland than any other nation - more than twice that of the next highest country, Slovenia.
Encyclopedia > Section Thirty three of the Canadia...
Click here to add NationMaster.com to your list of search engines (requires Mozilla or Firefox)
www.nationmaster.com /encyclopedia/Section-Thirty_three-of-the-Canadia...   (79 words)

  
 Library Juice 7:24   (Site not responding. Last check: 2007-10-10)
statute, as all rights in human society are.
it ought to be, the disposal section resumed its traditional tenor in the
for a century and a half from its charter in 1556.
libr.org /Juice/issues/vol7/LJ_7.24.html   (5946 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.