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Andrews V Law Society Of British Columbia
''Andrews v Law Society of British Columbia'', 9891 SCR 143 is the first Supreme Court of Canada case to deal with section 15 (equality rights) of the ''Canadian Charter of Rights and Freedoms''. The court outlined a test, sometimes called the "''Andrews'' test", to determine whether there has been a ''prima facie'' violation of equality rights. ''Andrews'' further held that discrimination according to grounds analogous to those enumerated in section 15 could result in a violation of the ''Charter''. History Andrews, a British subject and a permanent resident in Canada, met all the requirements for admission to the provincial bar with the exception he was not a Canadian citizen. Andrews brought a motion to strike down the requirement for citizenship on the grounds it violated section 15 of the ''Charter''. At trial, Supreme Court of British Columbia held in favour of the Law Society. On appeal to the British Columbia Court of Appeal, the ruling was overturned. Joseph Arvay argued ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For British Columbia
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 supernumerary justices. All justices of the BCCA (including the position of Chi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Fifteen Of The Canadian Charter Of Rights And Freedoms
Section 15 of the ''Canadian Charter of Rights and Freedoms'' contains guaranteed equality rights. As part of the Constitution of Canada, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs (e.g. employment equity). Rights under section 15 include racial equality, sexual equality, mental disability, and physical disability. In its jurisprudence, it has also been a source of LGBT rights in Canada. These rights are guaranteed to "every individual", that is, every natural person. This wording excludes " legal persons" such as corporations, contrasting other sections that use the word "everyone", where "legal persons" were meant to be included. Section 15 has been in force since 1985. Text Under the heading of "Equality Rights" this section states: Background The '' Canadian Bill of Rights'' of 1960 had guaranteed the "right of the individual to equality before the law and the protection of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada ( English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the '' Constitution Act, 1982''. The ''Charter'' was preceded by the ''Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of British Columbia
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Columbia Court Of Appeal
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 supernumerary justices. All justices of the BCCA (including the position of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Arvay
Joseph James Arvay, (March 18, 1949December 7, 2020) was a Canadian lawyer who argued numerous landmark cases involving civil liberties and constitutional rights. Early life and education He was born in Welland, Ontario in 1949. As a law student in 1969, he was involved in a skiing accident which left him a paraplegic. He graduated from the University of Western Ontario with a Bachelor of Laws in 1974. He then attained a Master of Laws from Harvard Law School. Career Arvay initially pursued an academic career, teaching law at the University of Windsor. In 1981 he moved to British Columbia where he practiced in the Ministry of Attorney General. He was appointed Queen's Counsel after only ten years at the bar, shocking many with his youth. In 1989 he started the boutique law firm Arvay Finlay with John Finlay, Q.C. and Murray Rankin. After Finlay's death and Rankin's entry into politics, Arvay joined the firm of Farris, Vaughan, Wills & Murphy LLP in January 2014. In Octob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General Of British Columbia
The attorney general of British Columbia (AG) oversees the Ministry of Attorney General, a provincial government department responsible for the oversight of the justice system, within the province of British Columbia, Canada. The attorney general is a member of the provincial cabinet, typically a member of Legislative Assembly who is chosen by the premier of British Columbia and formally appointed by the lieutenant governor of British Columbia. The attorney general is responsible for ensuring that public administration is conducted according to the law and as such, they are the chief advisor of law to the government, in addition to overseeing the court system and Sheriff Service. Under the ''King's Counsel Act'', the attorney general is automatically appointed a King's Counsel upon swearing into office. The attorney general also serves as an ''ex officio'' bencher of the Law Society of British Columbia. Since December 7, 2022, the post has been held by Niki Sharma. List of atto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Commons Of Canada
The House of Commons of Canada (french: Chambre des communes du Canada) is the lower house of the Parliament of Canada. Together with the Crown and the Senate of Canada, they comprise the bicameral legislature of Canada. The House of Commons is a democratically elected body whose members are known as members of Parliament (MPs). There have been 338 MPs since the most recent electoral district redistribution for the 2015 federal election, which saw the addition of 30 seats. Members are elected by simple plurality ("first-past-the-post" system) in each of the country's electoral districts, which are colloquially known as ''ridings''. MPs may hold office until Parliament is dissolved and serve for constitutionally limited terms of up to five years after an election. Historically, however, terms have ended before their expiry and the sitting government has typically dissolved parliament within four years of an election according to a long-standing convention. In any case, an ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bliss V Canada (AG)
''Bliss v Canada (AG)'' 9791 S.C.R. 183 is a famous Supreme Court of Canada decision on equality rights for women under the ''Canadian Bill of Rights''. The Court held that women were not entitled to benefits denied to them by the ''Unemployment Insurance Act'' during a certain period of pregnancy. This case has since become the prime example demonstrating the inadequacies of the ''Canadian Bill of Rights'' in upholding and protecting individuals' rights. This ruling was eventually overturned in '' Brooks v. Canada Safeway Ltd.'', 9891 SCR 1219. Background Stella Bliss had to leave her work due to pregnancy four days before giving birth. Due to her situation she was not entitled to full benefits under section 30 of the Act, but rather she was subject to section 46 which denied her benefits for a period of six weeks after childbirth. Bliss challenged the limitation of benefits under section 46 as a violation of section 1(b) of the Bill of Rights which protects against discrimination ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
LGBT In Canada
Although same-sex sexual activity was illegal in Canada up to 1969, gay and lesbian themes appear in Canadian literature throughout the 20th century. Canada is now regarded as one of the most advanced countries in legal recognition of lesbian, gay, bisexual, and transgender (LGBT) rights. Canada is a relatively gay-friendly country, with its largest cities featuring their own gay areas and communities, such as Toronto's Church and Wellesley neighbourhood, Montreal's Gay Village commercial district, Vancouver's Davie Village, and Ottawa's Bank Street Gay Village. Social surveys show a general tolerance of homosexuality. Every summer, Canada's LGBT community celebrates gay pride in all major cities, with many political figures from the federal, provincial, and municipal governments. There are a number of LGBT-targeted media outlets. Attitudes to LGBT rights are under debate within and between different Christian churches. History Same-sex sexual activity was decriminalised ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law V Canada (Minister Of Employment And Immigration)
''Law v Canada (Minister of Employment and Immigration)'', 9991 SCR 497 is a leading Supreme Court of Canada decision on section 15 of the ''Canadian Charter of Rights and Freedoms''. The ruling is notable because the court created the ''Law'' test, a significant new tool that has since been used by Canadian courts for determining the validity of equality rights claims under section 15. However, the ''Law'' test has since been discredited by the Supreme Court. Background The case involved Nancy Law, a 30-year-old seeking survivor benefits under the Canada Pension Plan (CPP) which are limited only to people over age 35, disabled or with dependants at the time of the deceased's death. Otherwise, the survivor claimant is not entitled to benefits until he or she reaches age 65. She appealed to the Pension Plan Review Tribunal on the basis the age requirement was in violation of her equality rights under section 15(1) of the ''Charter'' (which specifically names age as a grounds on wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
