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Canadian Human Rights Act
The ''Canadian Human Rights Act'' (french: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set of prohibited grounds. The prohibited grounds currently are: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. Application The act applies throughout Canada, but only to federally regulated activities; each province and territory has its own anti-discrimination law that applies to activities that are not federally regulated. The ''Canadian Human Rights Act'' created the Canadian Human Rights Commission that investigates claims of di ...
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Parliament Of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law. The governor general, on behalf of the monarch, summons and appoints the 105 senators on the advice of the prime minister, while each of the 338 members of the House of Commons – called members of Parliament (MPs) – represents an electoral district, commonly referred to as a ''riding'', and are elected by Canadian voters residing in the riding. The governor general also summons and calls together the House of Commons, and may prorogue or dissolve Parliament, ...
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Judicial Deference
Judicial deference is the condition of a court yielding or submitting its judgment to that of another legitimate party, such as the executive branch in the case of national defense. It is most commonly found in countries, such as the United Kingdom, which lack an entrenched constitution, as the essential purpose of such documents is to limit the power of the legislature. United Kingdom In ''Regina v. Director of Public Prosecutions Ex Parte Kebeline and Others'' 999 Lord Hope explained that courts should "defer, on democratic grounds, to the considered opinion of the elected body as to where the balance is to be struck between the rights of the individual and the needs of society". Nevertheless, the doctrine has been criticised for representing a way in which the courts should act obediently to the British Parliament to uphold the doctrine of parliamentary sovereignty. However, any suggestions that the House of Lords was being unduly servile to Parliament were overturned by '' ...
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Canadian Bill Of Rights
The ''Canadian Bill of Rights'' (french: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian common law.Joseph E. Magnet''Constitutional Law of Canada'', 8th ed., Part VI, Chapter 1 Juriliber, Edmonton (2001). URL accessed on March 18, 2006. The ''Canadian Bill of Rights'' remains in effect but is widely acknowledged to be limited in its effectiveness because it is a federal statute only, and so not directly applicable to provincial laws. These legal and constitutional limitations were a significant reason that the ''Canadian Charter of Rights and Freedoms'' was established as an unambiguously-constitutional-level Bill of Rights for all Cana ...
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Hate Speech Laws In Canada
Hate speech laws in Canada include provisions in the federal ''Criminal Code'', as well as statutory provisions relating to hate publications in three provinces and one territory. The ''Criminal Code'' creates criminal offences with respect to different aspects of hate propaganda, although without defining the term "hatred". Those offences are decided in the criminal courts and carry penal sanctions, such as fines, probation orders and imprisonment. Alberta, British Columbia, Saskatchewan and the Northwest Territories have created civil sanctions for hate speech and hate publications in their human rights legislation. Those claims are resolved through administrative tribunals or the civil courts, and can involve civil remedies such as damages or injunctive relief. The Supreme Court of Canada has rejected constitutional challenges to the hate propaganda offences in the ''Criminal Code'', and has also rejected challenges to the hate publication provisions in human rights legisl ...
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Censorship In Canada
In Canada, appeals by the judiciary to community standards and the public interest are the ultimate determinants of which forms of expression may legally be published, broadcast, or otherwise publicly disseminated. Other public organisations with the authority to censor include some tribunals and courts under provincial human rights laws, and the Canadian Radio-television and Telecommunications Commission, along with self-policing associations of private corporations such as the Canadian Association of Broadcasters and the Canadian Broadcast Standards Council. Over the 20th century, legal standards for censorship in Canada shifted from a "strong state-centred practice", intended to protect the community from perceived social degradation, to a more decentralised form of censorship often instigated by societal groups invoking the state to restrict the public expression of political and ideological opponents.
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Human Rights Complaints Against Maclean's Magazine
Human rights complaints against ''Maclean's'' magazine were filed in December 2007 by Mohamed Elmasry of the Canadian Islamic Congress with the Canadian Human Rights Commission, the British Columbia Human Rights Tribunal and the Ontario Human Rights Commission. ''Maclean's'' magazine was accused of publishing eighteen Islamophobic articles between January 2005 and July 2007. The articles in question included a column by Mark Steyn titled "The Future Belongs to Islam", an excerpt from a book written by Steyn. The Ontario Human Rights Commission ruled that it did not have the jurisdiction to hear the complaint. The British Columbia Human Rights Tribunal heard the complaint in June 2008 and issued a ruling on October 10, 2008 dismissing the complaint. The Canadian Human Rights Commission dismissed the federal complaint on June 26, 2008 without referring the matter to a tribunal. Komarnicki, Jamie"Rights panel rejects action against Maclean's" ''The Globe and Mail'', June 27, 2008 ...
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Human Rights In Canada
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights. The current legal framework for the protection of human rights in Canada consists of constitutional entitlements, and statutory human rights codes, both federal and provincial. The constitutional foundation of the modern Canadian human rights system is the Canadian Charter of Rights and Freedoms of 1982, which is part of the Constitution of Canada. Before 1982, there was little direct constitutional protection against government interference with human rights, although provincial and federal laws did provide some protection for human rights enforceable against government and private parties. Today, the Charter guarantees fundamental freedoms (free expression, religion, association and peacefu ...
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List Of Anti-discrimination Acts
This is a list of anti-discrimination acts (often called discrimination acts or anti-discrimination laws), which are laws designed to prevent discrimination. Australia *Anti-discrimination laws in Australia **Age Discrimination Act 2004 **Anti-Discrimination Act 1991 (Queensland) **Anti-Discrimination Act 1977 (New South Wales) **Australian Human Rights Commission Act 1986 ** Charter of Human Rights and Responsibilities Act 2006 (Victoria) **Disability Discrimination Act 1992 **Human Rights Act 2004 (Australian Capital Territory) **Racial and Religious Tolerance Act 2001 (Victoria) **Racial Discrimination Act 1975 **Sex Discrimination Act 1984 Bolivia * Law Against Racism and All Forms of Discrimination 2010 Brazil *Anti-discrimination laws in Brazil Canada * Canadian Charter of Rights and Freedoms 1982 * Canadian Employment Equity Act 1986 * Canadian Human Rights Act 1977 * Ontarians with Disabilities Act 2002 * Quebec Charter of Human Rights and Freedoms 1976 * Canadia ...
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Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century. Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce ...
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Transgender Rights In Canada
Transgender rights in Canada, including procedures for changing legal gender and protections from discrimination, vary among provinces and territories, due to Canada's nature as a federal state. According to the 2021 Canadian census, 59,460 Canadians identify as transgender. Government identity documents There are two main routes to changing one's legal gender in Canada: the Immigration (or 'federal') route, and the Vital Statistics (or 'provincial/territorial' route). Of note is the distinction between 'legal gender' and 'gender marker'; a legal gender (also commonly referred to as a sex designation; sex indicator in Nova Scotia) is what appears on foundational identity documents such as immigration status documents and birth certificates, whilst a gender marker can appear on a non-foundational identity document, such as a driver's licence or photo card. A gender marker usually follows legal gender, but can differ - and a change in gender marker on a non-foundational identity d ...
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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 ...
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An Act To Amend The Canadian Human Rights Act And The Criminal Code
''An Act to amend the Canadian Human Rights Act and the Criminal Code'' (french: Loi modifiant la Loi canadienne sur les droits de la personne et le Code criminel) is a law passed by the Parliament of Canada. The law adds gender expression and gender identity as protected grounds to the ''Canadian Human Rights Act'', and also to the ''Criminal Code'' provisions dealing with hate propaganda, incitement to genocide, and aggravating factors in sentencing. Introduction and legislative history The bill was introduced on 17 May 2016 by Justin Trudeau's Liberal government as Bill C-16 of the 42nd Parliament, 1st Session. It passed in the House of Commons by 248–40 votes and in the Senate by 67–11 votes with three abstentions. The bill became law upon receiving Royal Assent on 19 June 2017, coming into force immediately. Summary The Library of Parliament summarized the bill as follows: The bill is intended to protect individuals from discrimination within the sphere of federa ...
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