|
Canada (AG) V Lavell
''Canada (AG) v Lavell'', 974S.C.R. 1349, was a landmark 5–4 Supreme Court of Canada decision holding that Section 12(1)(b) of the ''Indian Act'' did not violate the respondents' right to "equality before the law" under Section 1 (b) of the ''Canadian Bill of Rights''. The two respondents, Lavell and Bédard, had alleged that the impugned section was discriminatory under the ''Canadian Bill of Rights'' by virtue of the fact that it deprived Indian women of their status for marrying a non-Indian, but not Indian men. The Supreme Court's decision proved very controversial, later influencing the wording of Section 15 of the Canadian Charter of Rights and Freedoms during the drafting process. Background to Mrs. Lavell Mrs. Lavell, a member of Wiikwemkoong First Nation, married David Lavell, a journalism student at Ryerson Polytechnical Institute in Toronto, on April 11, 1970. She was promptly delivered a notice from the Department of Indian Affairs and Northern Development indicating ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Appeal
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada". In 1971, Parliament created the Federal Court of Canada, which consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division. On July 2, 2003, the ''Courts Administration Service Act'' split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court succeeding the Trial Division. Appellate jurisdiction The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada. Original jurisdiction The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in respe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the Parliament of the United Kingdom, British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Canadian Crown And First Nations, Inuit And Métis
The association between the Canadian Crown and Indigenous peoples in Canada stretches back to the first decisions between North American Indigenous peoples and European colonialists and, over centuries of interface, treaties were established concerning the monarch and Indigenous nations. First Nations, Inuit, and Métis peoples in Canada have a unique relationship with the reigning monarch and, like the Māori and the Treaty of Waitangi in New Zealand, generally view the affiliation as being not between them and the ever-changing Cabinet, but instead with the continuous Crown of Canada, as embodied in the reigning sovereign. These agreements with the Crown are administered by Canadian Aboriginal law and overseen by the Minister of Indigenous and Northern Affairs. Relations The association between Indigenous peoples in Canada and the Canadian Crown is both statutory and traditional, the treaties being seen by the first peoples both as legal contracts and as perpetual and person ... [...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 the l ... [...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. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dissenting Opinion
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise holding of the majority opi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plurality Opinion
A plurality opinion is in certain legal systems the opinion from one or more judges or justices of an appellate court which provides the rationale for the disposition of an appeal when no single opinion received the support of a majority of the court. The plurality opinion did not receive the support of more than half the justices, but still received more support than any other opinion, excluding those justices dissenting from the holding of the court. By country United States In ''Marks v. United States'', 430 U.S. 188 (1977), the Supreme Court of the United States explained how the holding of a case should be viewed where there is no majority supporting the rationale of any opinion: “When a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” That requires lower courts t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurring Opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for their decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. As a practical matter, concurring opinions are slightly less useful to lawyers than majority opinions. Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority opinion and a conc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louis-Philippe Pigeon
Louis-Philippe Pigeon, (February 8, 1905 – February 23, 1986) was a Canadian lawyer, academic, and puisne justice of the Supreme Court of Canada. Early life and education Pigeon was born in Henryville, Quebec in 1905, the son of Arthur Pigeon and Maria Demers. He studied law at the Université Laval and obtained an LL.L in 1928, winning the Governor General's gold medal.Justice Québec: Louis-Phillipe Pigeon . Called to the the same year, he settled in . Legal career Pigeon began his legal career in 1928 with ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Drybones
''R v Drybones'', 970S.C.R. 282, is a landmark 6-3 Supreme Court of Canada decision holding that the ''Canadian Bill of Rights'' "empowered the courts to strike down federal legislation which offended its dictates." Accordingly, the Supreme Court of Canada held that section 94(b) of the ''Indian Act'' (which prohibited "Indians" from being intoxicated off of a reserve) is inoperative because it violates section 1(b) of the ''Canadian Bill of Rights''. Prior to this decision there had been much debate on the application of the ''Bill of Rights'' to an infringing statute. One perspective saw the ''Bill of Rights'' as an interpretive aid. The other perspective saw it as statute that constrained the supremacy of Parliament, rendering irreconcilable federal enactments of no force or effect. After this case, the overriding power that the Court held flows from the ''Canadian Bill of Rights'' was never used, and has since never been reconsidered by the Supreme Court of Canada. As a consequ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
