Delisle V Canada (Deputy AG)
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Delisle V Canada (Deputy AG)
''Delisle v Canada (Deputy AG)'', 9992 SCR 989 is a Supreme Court of Canada decision on the freedom of association guarantee under section 2(d) of the ''Canadian Charter of Rights and Freedoms''. The Court defined the freedom as only applying to individuals and not associations themselves. Accordingly, they found the exclusion of the Royal Canadian Mounted Police (RCMP) from the public services legislation did not violate section 2(d). Gaétan Delisle was a member of the RCMP and president of an RCMP labour association. He brought a challenge to the federal ''Public Service Staff Relations Act'' (PSSRA) and part of the '' Canada Labour Code'' on the grounds it violated his right to association. Bastarache J, writing for the majority, held that the PSSRA did not violate the ''Charter'' because it did not affect members of the RCMP from forming their own independent associations. He further ruled that, "The fundamental freedoms protected by s. 2 of the Charter do not impose a positiv ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Freedom Of Association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organizatio ...
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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 ...
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Royal Canadian Mounted Police
The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal police, federal and national police service of Canada. As police services are the constitutional responsibility of provinces and territories of Canada, the RCMP's primary responsibility is the enforcement of federal criminal law, and sworn members of the RCMP have jurisdiction as a Law enforcement officer, peace officer in all provinces and territories of Canada.Royal Canadian Mounted Police Act', RSC 1985, c R-10, s 11.1. However, the service also provides police services under contract to eight of Canada's Provinces and territories of Canada#Provinces, provinces (all except Ontario and Quebec), all three of Canada's Provinces and territories of Canada#Territories, territories, more than 150 municipalities, and 600 Indigenous peoples in Canada, Indigenous communities. In addition to en ...
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Canada Labour Code
The ''Canada Labour Code'' (french: Code canadien du travail) (the Code) is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards. Generally speaking, the Code only applies to those industries in which the federal government has jurisdiction instead of the provinces. These industries include: broadcasting, telecommunications, chartered banks, postal service, airports and air transportation, shipping and navigation, interprovincial or international transportation (i.e., road, railway, ferry or pipeline). It also applies to businesses in the Territories, on First Nations reserves, and certain Crown Corporations. It also applies to the Royal Canadian Mounted Police (RCMP) and the military, and those covered under the (now repealed) ''Public Service Staff Relations Act (RS 1985, c. P-35)'' or its ...
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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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Dunmore V Ontario (AG)
''Dunmore v Ontario (AG)'', 2001 SCC 94 is a leading Supreme Court of Canada decision on the constitutional right to freedom of association under section 2(d) of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''"). The Court held that the lack of a positive framework that protected farm workers from employer reprisals for exercising their associational rights under the ''Charter'' constituted a "substantial interference" of their right to freedom of association. The Ontario government responded with the ''Agricultural Employees Protection Act'', which extended only to agricultural workers and prohibited employer reprisals against employees exercising their rights under section 2(d) of the ''Charter''. Background In 1994, the Ontario government under the New Democratic Party of Ontario passed the ''Agricultural Labour Relations Act'' which gave trade union and collective bargaining rights to Ontario's agricultural workers. The following year, the Conservatives were ele ...
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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, 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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