Canada (Attorney General) V. Mossop
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Canada (Attorney General) V. Mossop
''Canada (AG) v Mossop'', [1993] 1 SCR 554 was the first decision of the Supreme Court of Canada to consider equality rights for gays. The case is also significant as one of Claire L'Heureux-Dube, Justice L'Heureux-Dube's most famous dissents where she proposes an evolving model of the "family". Background In 1985, Brian Mossop, a gay man from Toronto, sought bereavement leave from his employer, the Canadian federal government's Translation Bureau, to attend the funeral of his same-sex partner's father. His partner is journalist and activist Ken Popert. His employer denied him leave under the collective agreement on the grounds that Popert was not "immediate family". Mossop took his employer before the Canadian Human Rights Commission. Sexual orientation was not a prohibited ground of discrimination at that time, so he argued that he had been discriminated against on the basis of his "family status", under section 3 of the Canadian Human Rights Act. The Canadian Human Rights Tribuna ...
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Canadian Human Rights Commission
The Canadian Human Rights Commission (CHRC) was established in 1977 by the government of Canada. It is empowered under the ''Canadian Human Rights Act'' to investigate and to try to settle complaints of discrimination in employment and in the provision of services within federal jurisdiction. The CHRC is also empowered under the ''Employment Equity Act'' to ensure that federally-regulated employers provide equal opportunities for four designated groups: women, Aboriginal people, the disabled, and visible minorities. The Commission helps enforce those human rights and inform the general public and employers of those rights. Organization and structure The Canadian Human Rights Commission was established by Parliament in 1977 to administer the ''Canadian Human Rights Act''. Its role was later expanded to include the ''Employment Equity'' ''Act''. Both laws apply to federally-regulated organizations, which include federal government departments and agencies; Crown corporations; and ...
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Privative Clause
An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function. According to the doctrine of the separation of powers, one of the important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution. Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they preserve the powers of the executive and promote the finality of its acts and decisions. Ouster clauses may be divided into two species – total ouster clauses and partial ouster clauses. In the United Kingdom, the effectiveness of total ouster clauses is fairly limited. In the case of '' Anisminic Ltd. v. Foreign Compensation Committee'' (1968), the H ...
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Canadian Administrative 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, and ec ...
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Canadian LGBT Rights 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, and ec ...
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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 from t ...
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List Of Supreme Court Of Canada Cases (Lamer Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada to his retirement. 19901994 19951999 See also * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (1990-2000) ...
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Section 15 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 ...
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Egan V
Egan may refer to: People * Egan (surname) * Egan (given name) Places in the United States * Egan, Illinois, an unincorporated community * Egan, Louisiana, an unincorporated community and census-designated place * Egan, South Dakota, a city * Egan, Tennessee, an unincorporated community * Egan, Texas, an unincorporated community * Egan Range, a mountain range in Nevada Other uses * Egan Center, a convention center in Fairbanks, Alaska, United States * Egan Junior High School, Los Altos, California * Charles Egan Gallery, New York * Redwood Castle, also known as Egan Castle, a Norman castle in County Tipperary, Ireland See also * ''Egan v Canada'', a 1995 civil rights of the Supreme Court of Canada * ''Egan v Willis'', a decision of the High Court of Australia * Eagan (other) Eagan may refer to: People * Daisy Eagan (born 1979), American actress * Dennis Eagan (1926–2012), British field hockey player * Eddie Eagan (1897–1967), American sportsman * Jame ...
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Statutory Interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically English law#Common law, England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no jud ...
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University Of Toronto Press
The University of Toronto Press is a Canadian university press founded in 1901. Although it was founded in 1901, the press did not actually publish any books until 1911. The press originally printed only examination books and the university calendar. Its first scholarly book was a work by a classics professor at University College, Toronto. The press took control of the university bookstore in 1933. It employed a novel typesetting method to print issues of the ''Canadian Journal of Mathematics'', founded in 1949. Sidney Earle Smith, president of the University of Toronto in the late 1940s and 1950s, instituted a new governance arrangement for the press modelled on the governing structure of the university as a whole (on the standard Canadian university governance model defined by the Flavelle commission). Henceforth, the press's business affairs and editorial decision-making would be governed by separate committees, the latter by academic faculty. A committee composed of Vincent ...
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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 ...
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Ken Popert
Ken Popert has been involved with Pink Triangle Press (PTP) since 1973 when he began contributing to ''The Body Politic''. In 1986 he was appointed interim publisher of PTP, and he served as the Executive Director until April 3, 2017 when he was succeeded by David Walberg. An established queer liberation activist, Popert has been fighting for sexual liberation for almost 40 years. Popert lives in Toronto and is partnered with Brian Mossop, an activist in his own right for his 1993 case against the Government of Canada. In addition to his role at PTP, Popert serves as a board director of OUTtv and The ArQuives: Canada's LGBTQ2+ Archives. Activism A member of the 1970s Gay Alliance Toward Equality, Popert was also an editor of ''The Body Politic''. In late 1977, police raided TBP offices. Later, in January 1978, Popert was arrested alongside Gerald Hannon and Ed Jackson as a result of the published article "Men Loving Boys Loving Men". They were charged with using the mails for the ...
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