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Arsenault-Cameron V. Prince Edward Island
''Arsenault-Cameron v Prince Edward Island'', 0001 S.C.R. 3, 2000 SCC 1, is a landmark Supreme Court of Canada decision on minority language rights. The Court found that the numbers of Francophone children in Summerside, Prince Edward Island warranted French-language education in Summerside, under section 23 of the ''Canadian Charter of Rights and Freedoms'', and the province was constitutionally obligated to create a French language school. Background A number of Francophone families living in Summerside made a request to the French Language Board to build a French-language school in the community rather than bus the children to the closest French school 57 minutes away. The Board made a proposal to the Minister which was rejected. The family applied for a declaration against the province to build a school in Summerside. At trial the declaration was granted but was overturned on appeal. In the decision of ''Arsenault-Cameron v. Prince Edward Island'', 9993 S.C.R. 851, prior ...
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Government Of Prince Edward Island
The Government of Prince Edward Island refers to the provincial government of the province of Prince Edward Island. Its powers and structure are set out in the Constitution Act, 1867. In modern Canadian use, the term "government" referred broadly to the cabinet of the day (formally the Executive Council of Prince Edward Island), elected from the Legislative Assembly of Prince Edward Island and the non-political staff within each provincial department or agency – that is, the civil service. The Province of Prince Edward Island is governed by a unicameral legislature, the Legislative Assembly of Prince Edward Island, which operates in the Westminster system of government. The political party that wins the largest number of seats in the legislature normally forms the government, and the party's leader becomes premier of the province, i.e., the head of the government. Lieutenant-Governor of Prince Edward Island The functions of the Sovereign, Charles III, King of Canada, known ...
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Reasonable Apprehension Of Bias
In Canadian law, a reasonable apprehension of bias is a legal standard for disqualifying judges and administrative decision-makers for bias Bias is a disproportionate weight ''in favor of'' or ''against'' an idea or thing, usually in a way that is closed-minded, prejudicial, or unfair. Biases can be innate or learned. People may develop biases for or against an individual, a group, .... Bias of the decision-maker can be real or merely perceived. The test was first stated in ''Committee for Justice and Liberty v. Canada (National Energy Board)''_1_S.C.R._369.html" ;"title="978">[1978/nowiki> 1 S.C.R. 369">978">[1978/nowiki> 1 S.C.R. 369 It was further developed in:Melo Sanchez v. Canada, 2011 FC 68 Further:R. v. Adam et al, 2006 BCSC 1540 (CANLII) : Contrary evidence is addressed as follows: : It is a difficult matter to establish case law to support such a proposition. Nevertheless, consider: : Definition of apprehension The dictionary definition o ...
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Medium Of Instruction
A medium of instruction (plural: media of instruction, or mediums of instruction) is a language used in teaching. It may or may not be the official language of the country or territory. If the first language of students is different from the official language, it may be used as the medium of instruction for part or all of schooling. Bilingual education or multilingual education may involve the use of more than one language of instruction. UNESCO considers that "providing education in a child's mother tongue is indeed a critical issue". In post secondary, university and special educational program settings, content may often be taught in a language that is not spoken in the students' homes. This is referred to as content based learning or content and language integrated learning (CLIL). In situations where the medium of instruction of academic disciplines is English in countries where the first language is not English, the phenomenon is referred to as English medium instruction or E ...
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French-language Education In Canada
French ( or ) is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages. French evolved from Gallo-Romance, the Latin spoken in Gaul, and more specifically in Northern Gaul. Its closest relatives are the other langues d'oïl—languages historically spoken in northern France and in southern Belgium, which French ( Francien) largely supplanted. French was also influenced by native Celtic languages of Northern Roman Gaul like Gallia Belgica and by the ( Germanic) Frankish language of the post-Roman Frankish invaders. Today, owing to France's past overseas expansion, there are numerous French-based creole languages, most notably Haitian Creole. A French-speaking person or nation may be referred to as Francophone in both English and French. French is an official language in 29 countries across multiple continents, most of which are members of the '' Organisation internationale de la Francop ...
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Minority Rights Case Law
Minority may refer to: Politics * Minority government, formed when a political party does not have a majority of overall seats in parliament * Minority leader, in American politics, the floor leader of the second largest caucus in a legislative body Society * Minor (law), legal category of people under the age of majority **Age of majority, the threshold of adulthood as recognized or declared in law **Legal age, age at which a person may legally engage in a certain activity * Minority group, a category of people differentiated from the social majority (e.g. ethnic minority) * Sexual minority, a group whose sexual identity, orientation or practices differ from the majority of society Music * "Minority" (Gigi Gryce song), a 1953 jazz standard * "Minority" (Green Day song), a 2000 punk rock song * "Minority", a song by the Subhumans from their 1983 album '' The Day the Country Died'' Other uses * Minority (philosophy), concept coined by philosopher Gilles Deleuze and Félix Gua ...
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Linguistic Rights
Linguistic rights are the human and civil rights concerning the individual and collective right to choose the language or languages for communication in a private or public atmosphere. Other parameters for analyzing linguistic rights include the degree of territoriality, amount of positivity, orientation in terms of assimilation or maintenance, and overtness. Linguistic rights include, among others, the right to one's own language in legal, administrative and judicial acts, language education, and media in a language understood and freely chosen by those concerned. Linguistic rights in international law are usually dealt in the broader framework of cultural and educational rights. Important documents for linguistic rights include the Universal Declaration of Linguistic Rights (1996), the European Charter for Regional or Minority Languages (1992), the Convention on the Rights of the Child (1989) and the Framework Convention for the Protection of National Minorities (1988), as w ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases fr ...
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Canadian Charter Of Rights And Freedoms Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, an ...
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Purposive Interpretation
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Purposive interpretation is a derivation of mischief rule set in ''Heydon's Case'', and intended to replace the mischief rule, the plain meaning rule and the golden rule. Purposive interpretation is used when the courts use extraneous materials from the pre-enactment phase of legislation, including early drafts, hansards, committee reports, and white papers. The purposive interpretation involves a rejection of the exclusionary rule. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements.Barak, Aharon. ''Purposive Interpretation In Law''. ...
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Bastarache
Bastarache () is a French surname of Basque origin. It was formed as a patronym of ''Basterreche'', which itself is a topographic name for someone who lived in a house by a boundary, or on the edge of a settlement or the corner of a street. It is ultimately derived from Basque '' bazter'' ("border", "edge") and '' eche'' ("house"). It was one of the original Acadian surnames. Notable people Notable people with this surname include: * Michel Bastarache dit Basque (1730-1820), Canadian Acadian * Michel Bastarache (born 1947), Canadian judge Places The hamlet of Bastarache in Sainte-Marie-de-Kent, New Brunswick Sainte-Marie-de-Kent (most often referred to as Sainte-Marie) is an unincorporated Canadian village located at the intersection of Route 515 and Route 525 in Kent County, New Brunswick. It is in the parish of Saint Mary. The village is lo ... was named after early settlers Joseph Bastarache, Isidore Bastarache or Peter Bastarache, or after Adrien Bastarache, the firs ...
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Supreme Court Of Prince Edward Island
The Supreme Court of Prince Edward Island (also called the Prince Edward Island Supreme Court, or PESC) is the superior court of the Canadian province of Prince Edward Island. The Court is composed of five judges, led by its Chief Justice, currently Tracey L. Clements. The Supreme Court derives its jurisdiction from Prince Edward Island's ''Judicature Act'', enacted in its current form in 2008. History and functions Prior to 2008 reforms that were formally implemented in 2009, the superior court in Prince Edward Island was the Supreme Court of Prince Edward Island (Trial Division). With the passage of the ''Judicature Act'', the Supreme Court was stripped of its corresponding Appeal Division, now assigned to the newly created Court of Appeal of Prince Edward Island, while the Supreme Court of Prince Edward Island remained as a single-division superior court. All former justices of the Supreme Court (Trial Division) became justices of the Supreme Court. Pursuant to the ''Const ...
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