|
Lavoie V. Canada
''Lavoie v Canada'', 0021 SCR 769, 2002 SCC 23 is a leading decision of the Supreme Court of Canada on whether preference on basis of citizenship infringed equality guarantee under section 15(1) of the ''Canadian Charter of Rights and Freedoms''. The Court found that the federal ''Public Service Employment Act'' (PSEA), which gave preference to citizens when referring to departments, was discriminatory. The violation was saved under section 1 of the ''Charter'' as a reasonable limitation on equality rights. Background Several foreign nationals applied to the federal government for employment. Section 16(4)(c) of the PSEA gave preference to Canadian citizens when allocating applicants to different departments. The foreign nationals applied to the Federal Court of Canada to strike out the provision. The Federal Court held the provision violated section 15 but was saved by section 1. The Federal Court of Appeal upheld the decision. Reasons of the court Bastarache J wrote for the major ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law V Canada (Minister Of Employment And Immigration)
''Law v Canada (Minister of Employment and Immigration)'', 9991 SCR 497 is a leading Supreme Court of Canada decision on section 15 of the ''Canadian Charter of Rights and Freedoms''. The ruling is notable because the court created the ''Law'' test, a significant new tool that has since been used by Canadian courts for determining the validity of equality rights claims under section 15. However, the ''Law'' test has since been discredited by the Supreme Court. Background The case involved Nancy Law, a 30-year-old seeking survivor benefits under the Canada Pension Plan (CPP) which are limited only to people over age 35, disabled or with dependants at the time of the deceased's death. Otherwise, the survivor claimant is not entitled to benefits until he or she reaches age 65. She appealed to the Pension Plan Review Tribunal on the basis the age requirement was in violation of her equality rights under section 15(1) of the ''Charter'' (which specifically names age as a grounds on w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
Social Equality
Social equality is a state of affairs in which all individuals within a specific society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services. Social equality requires the absence of legally enforced social class or caste boundaries and the absence of discrimination motivated by an inalienable part of an individual's identity. For example, advocates of social equality believe in equality before the law for all individuals regardless of sex, gender, ethnicity, age, sexual orientation, origin, caste or class, income or property, language, religion, convictions, opinions, health, or disability. Social equality is related to equal opportunity. Definition Social equality is variously defined and measured by different schools of thought. These include equality of power, rights, goods, opportunities, capabilities, or some combination of these things. It may also by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Canada
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. Originally composed of two divisions, the Appellate Division and the Trial Division, in 2003 the Court was split into two separate Courts, the Federal Court and the Federal Court of Appeal. The jurisdiction and powers of the two courts remained largely unchanged from the predecessor divisions. The court used facilities as the Supreme Court of Canada Building as well as Thomas D'Arcy McGee Building and registry office at 90 Elgin Street. History Pre-Confederation to Confederation Prior to Confederation, the predominantly English-speaking Canada West (which succeeded Upper Canada) and the predominantly French-speaking Canada East (which succeeded Lower Canada) each had a separate system of courts. During pre-Confederation negotiations, ... [...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] |
Foreign National
A foreign national is any person (including an organization) who is not a national of a specific country. ("The term 'person' means an individual or an organization.") For example, in the United States and in its territories, a foreign national is something or someone who is neither a citizen nor a national of the United States. The same applies in Canada. The law of Canada divides people into three major groups: citizens, permanent residents, and foreign nationals. Under Section 2 of the Immigration and Refugee Protection of Canada (IRPA), "foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person." The term "foreign national" is not defined in the Immigration and Nationality Act (INA), which instead uses the term alien to cover many classes of people who do not qualify as nationals of the United States (Americans).See, e.g., ("The term 'alien' means any person not a citizen or national of the United States. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Professional Development
Professional development is learning to earn or maintain professional credentials such as academic degrees to formal coursework, attending conferences, and informal learning Informal learning is characterized "by a low degree of planning and organizing in terms of the learning context, learning support, learning time, and learning objectives". It differs from formal learning, non-formal learning, and self-regulated l ... opportunities situated in practice. It has been described as intensive and collaborative, ideally incorporating an evaluative stage. There is a variety of approaches to professional development, including consultation, coaching, community of practice, communities of practice, lesson study, mentoring, reflective supervision and technical assistance.National Professional Development Center on Inclusion. (2008)"What do we mean by professional development in the early childhood field?" Chapel Hill: The University of North Carolina, FPG Child Development Institute. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fundamental Right
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 16, established in 2015, underscores the link between promoting human rights and sustaining peace. List of important rights Some universally recognised rights that are seen as fundamental, i.e., contained in the United Nations Universal Declaration of Human Rights, the U.N. International Covenant on Civil and Political Rights, or the U.N. International Covenant on Economic, Social and Cultural Rights, include the following: * Right to self-determination * Right to liberty * Right to due process of law * Right to freedom of movement * Right to privacy * Right to freedom of thought * Right to freedom of religion * Right to freedom of expression * Right to peaceful assembly * Right to freedom of association Spe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreign Worker
Foreign workers or guest workers are people who work in a country other than one of which they are a citizen. Some foreign workers use a guest worker program in a country with more preferred job prospects than in their home country. Guest workers are often either sent or invited to work outside their home country or have acquired a job before leaving their home country, whereas migrant workers often leave their home country without a specific job in prospect. Tens of millions of people around the world operate as foreign workers. As of 2018, according to reports from the Bureau of Labor Statistics, there is an estimated 28 million foreign-born workers in the United States, which draws most of its immigrants from Mexico, including 4 or 5 million undocumented workers. It is estimated that around 5 million foreign workers live in northwestern Europe, half a million in Japan, and around 5 million in Saudi Arabia. Between January and June in 2019, 2.4 million foreigners arrived to wor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Fifteen Charter Case Law
Section, Sectioning or Sectioned may refer to: Arts, entertainment and media * Section (music), a complete, but not independent, musical idea * Section (typography), a subdivision, especially of a chapter, in books and documents ** Section sign (§), typographical characters * Section (bookbinding), a group of sheets, folded in the middle, bound into the binding together * The Section (band), a 1970s American instrumental rock band * ''The Outpost'' (1995 film), also known as ''The Section'' * Section, an instrumental group within an orchestra * "Section", a song by 2 Chainz from the 2016 album ''ColleGrove'' * "Sectioning", a ''Peep Show'' episode * David "Section" Mason, a fictional character in '' Call of Duty: Black Ops II'' Organisations * Section (Alpine club) * Section (military unit) * Section (Scouting) Science, technology and mathematics Science * Section (archaeology), a view in part of the archaeological sequence showing it in the vertical plane * Section (bi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
