Civil Rights Law In Canada
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Civil Rights Law 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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World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing military alliances: the Allies and the Axis powers. World War II was a total war that directly involved more than 100 million personnel from more than 30 countries. The major participants in the war threw their entire economic, industrial, and scientific capabilities behind the war effort, blurring the distinction between civilian and military resources. Aircraft played a major role in the conflict, enabling the strategic bombing of population centres and deploying the only two nuclear weapons ever used in war. World War II was by far the deadliest conflict in human history; it resulted in 70 to 85 million fatalities, mostly among civilians. Tens of millions died due to genocides (including the Holocaust), starvation, ma ...
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Province Of Canada
The Province of Canada (or the United Province of Canada or the United Canadas) was a British North America, British colony in North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham, in the Report on the Affairs of British North America following the Rebellions of 1837–1838. The Act of Union 1840, passed on 23 July 1840 by the British Parliament and proclaimed by the Monarchy of Great Britain, Crown on 10 February 1841, merged the Colonies of Upper Canada and Lower Canada by abolishing their separate parliaments and replacing them with a Parliament of the Province of Canada, single one with two houses, a Legislative Council of the Province of Canada, Legislative Council as the upper chamber and the Legislative Assembly of the Province of Canada, Legislative Assembly as the lower chamber. In the aftermath of the Rebellions of 1837–1838, unification of the two Canadas was driven by two factors. Firstly, Upper Canad ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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Chinaman (term)
''Chinaman'' () is a term referring to a Chinese man or person, a Mainland Chinese national or, in some cases, a person native to geographical East Asia or of perceived East Asian race. While the term has no negative connotations in older dictionaries and the usage of such compound terms as Englishman, Frenchman, Dutchman, Irishman, and Welshman are sometimes cited as unobjectionable parallels, the term is noted as having pejorative overtones by modern dictionaries. Its derogatory connotations evolved from its use in pejorative contexts regarding Chinese people and other Asians as well as its grammatical incorrectness which resembles stereotypical characterizations of Chinese accents in English-speaking associated with discrimination. While usage of the term ''Chinaman'' is nowadays strongly discouraged by Asian American organizations, it has also been used as a self-referential archetype by authors and artists of Asian descent. It may have come from literal translation int ...
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British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, forests, lakes, mountains, inland deserts and grassy plains, and borders the province of Alberta to the east and the Yukon and Northwest Territories to the north. With an estimated population of 5.3million as of 2022, it is Canada's third-most populous province. The capital of British Columbia is Victoria and its largest city is Vancouver. Vancouver is the third-largest metropolitan area in Canada; the 2021 census recorded 2.6million people in Metro Vancouver. The first known human inhabitants of the area settled in British Columbia at least 10,000 years ago. Such groups include the Coast Salish, Tsilhqotʼin, and Haida peoples, among many others. One of the earliest British settlements in the area was Fort Victoria, established ...
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Legislative Assembly Of British Columbia
The Legislative Assembly of British Columbia is the deliberative assembly of the Parliament of British Columbia, in the province of British Columbia, Canada. The Legislative Assembly meets in Victoria, British Columbia, Victoria. Members are elected from List of British Columbia provincial electoral districts, provincial ridings and are referred to as Member of the Legislative Assembly, members of the Legislative Assembly (MLAs). Bills passed by the legislature are given royal assent by the Monarchy of Canada, Canadian monarch, represented by the Lieutenant Governor of British Columbia. The current Parliament is the 42nd Parliament. The most recent general election was 2020 British Columbia general election, held on October 24, 2020. Proceedings of the Legislative Assembly are broadcast to cable viewers in the province by Hansard TV, Hansard Broadcasting Services. Recent parliaments Officeholders Speaker * Speaker of the Legislative Assembly of British Columbia: Raj Chou ...
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Union Colliery Co Of British Columbia V Bryden
''Union Colliery Co of British Columbia v Bryden'' is a Canadian constitutional decision of the Judicial Committee of the Privy Council where the exclusivity principle in Canadian federalism and pith and substance analysis was first articulated. Bryden was a shareholder in Union Colliery, a coal mining company in British Columbia, and was troubled by the company's practice of employing "Chinamen" and putting them into positions of authority. He sought an injunction against the company for violating section 4 of the provincial Coal Mines Regulation Act of 1890, which prohibited hiring "Chinamen" to work in coal mines. Union Colliery challenged the constitutionality of Act, arguing that the prohibition related to matters of naturalization and was under the jurisdiction of the federal government under section 91(25) of the British North America Act, 1867. Bryden, however, argued that since the federal government had no laws covering the matter the province was allowed to step in and l ...
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Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ...
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Canadian Federalism
Canadian federalism () involves the current nature and historical development of the federal system in Canada. Canada is a federation with eleven components: the national Government of Canada and ten provincial governments. All eleven governments derive their authority from the Constitution of Canada. There are also three territorial governments in the far north, which exercise powers delegated by the federal parliament, and municipal governments which exercise powers delegated by the province or territory. Each jurisdiction is generally independent from the others in its realm of legislative authority. The division of powers between the federal government and the provincial governments is based on the principle of exhaustive distribution: all legal issues are assigned to either the federal Parliament or the provincial Legislatures. The division of powers is set out in the ''Constitution Act, 1867'' (originally called the ''British North America Act, 1867''), a key docum ...
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Freedom Of Contract
Freedom of contract is the process in which individuals and groups form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws, competition laws, economic sanctions, restrictions on price fixing, or restrictions on contracting with undocumented workers. The freedom to contract is the underpinning of ''laissez-faire'' economics and is a cornerstone of free-market libertarianism. The proponents of the concept believe that through "freedom of contract", individuals possess a general freedom to choose with whom to contract, whether to contract or not, and on which terms to contract. History Henry James Sumner Maine proposed that social structures evolve from roles derived from social status to those based on contractual freedom. A status system establishes obligations and relationships by birth, but a contract presumes that the individuals are free and equal. Modern libertarianism, such as that advanced by Robert Nozick, ...
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Rights Of Englishmen
The "rights of Englishmen" are the traditional rights of English subjects and later English-speaking subjects of the British Crown. In the 18th century, some of the colonists who objected to British rule in the thirteen British North American colonies that would become the first United States argued that their traditional rights as Englishmen were being violated. The colonists wanted and expected the rights that they (or their forebears) had previously enjoyed in England: a local, representative government, with regards to judicial matters (some colonists were being sent back to England for trials) and particularly with regards to taxation. Belief in these rights subsequently became a widely accepted justification for the American Revolution. The American colonies had since the 17th century been fertile ground for liberalism within the center of European political discourse. However, as the ratification of the Declaration of Independence approached, the issue among the colonis ...
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British North America 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 ...
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