McKinney V University Of Guelph
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McKinney V University Of Guelph
''McKinney v University of Guelph'' 9903 SCR 229 is the Supreme Court of Canada case that decided that, for the purpose of determining the application of the ''Canadian Charter of Rights and Freedoms'', universities were not part of government. Therefore, the mandatory retirement age for university teachers did not violate equality rights under section 15 of the ''Charter''. In reaching this holding, the Court refined the scope of the ''Charter'' as it applies to government bodies as well as the definition of "law" within the ambit of the ''Charter''. Background Three year prior to ''McKinney'', the Court held in ''Retail, Wholesale and Department Store Union, Local 580 v Dolphin Delivery Ltd'' that the ''Charter'' only applied to the government but without defining what constitutes "government". Eight professors and one librarian from the University of Guelph applied for declarations that the university's policy for mandatory retirement at age 65 as well as the Ontario '' Human ...
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Attorney General Of Ontario
The Attorney General of Ontario is the chief legal adviser to His Majesty the King in Right of Ontario and, by extension, the Government of Ontario. The Attorney General is a senior member of the Executive Council of Ontario (the cabinet) and oversees the Ministry of the Attorney General – the department responsible for the oversight of the justice system in the province of Ontario. The Attorney General is an elected Member of Provincial Parliament who is appointed by the Lieutenant Governor of Ontario on the constitutional advice of the Premier of Ontario. The goal of the Ministry of the Attorney General is to provide a fair and accessible justice system that reflects the needs of the diverse communities it serves across government and the province. The Ministry represents the largest justice system in Canada and one of the largest in North America. It strives to manage the justice system in an equitable, affordable and accessible way throughout the province. Doug Downey ...
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Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ...
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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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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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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 ...
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Retail, Wholesale And Department Store Union, Local 580 V Dolphin Delivery Ltd
''Retail, Wholesale and Department Store Union, Local 580 v Dolphin Delivery Ltd'', 9862 S.C.R. 573, is the seminal ''Canadian Charter of Rights and Freedoms'' decision that states that the Charter applies to governmental action, and to the common law except where matters are solely between private parties. Nevertheless, judges should interpret the common law in the light of the Charter. Background The Retail, Wholesale and Department Store Union applied to the court to have Dolphin Delivery and Supercourier declared allies of Purolator, an employer of union members. This would have allowed the union to picket Dolphin while its employees would not have to cross the picket line. The BC Labour Board declined to hear an application since the dispute was governed under the Canada Labour Code, as ''Purolator'' was an interprovincial company. Dolphin obtained an injunction against secondary picketing on their premises on the basis that the common law does not permit secondary picket ...
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University Of Guelph
, mottoeng = "to learn the reasons of realities" , established = May 8, 1964 ()As constituents: OAC: (1874) Macdonald Institute: (1903) OVC: (1922) , type = Public university , chancellor = Mary Anne Chambers (not yet installed) , president = Charlotte A.B. Yates , city = Guelph, Ontario , country = Canada , students = 29,923 , undergrad = 23,926 , postgrad = 3,035 , faculty = 830 , administrative_staff = 3,100 , campus = Urban , athletics_affiliations = CIS, OUA , sports_nickname = Gryphons , colours = , , affiliations = AUCC, CARL, IAU, COU, CIS, CUSID, Fields Institute, OUA, Ontario Network of Women in engineering, CBIE , endowment = CA$418 million (2021) , website = , logo ...
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Ontario Human Rights Code
The Human Rights Code is a statute in the Canadian province of Ontario that guarantees equality before the law and prohibits discrimination in specific social areas such as housing or employment. The code's goal specifically prohibits discrimination based on race, colour, gender identity or expression, sex, sexual orientation, disability, creed, age and other grounds. The code is administered by the Ontario Human Rights Commission and enforced by the Human Rights Tribunal of Ontario. History The Human Rights Code was the first law of its kind in Canada. It replaced various laws that dealt with different kinds of discrimination. The code brought them together into one law and added some new protections. The code came into force on June 15, 1962. June 15 was chosen as the proclamation date for the code because it was the 747th anniversary of the signing of the Magna Carta. The code replaced the province's existing anti-discrimination legislation, including: * Fair Employment Prac ...
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Section Thirty-two Of The Canadian Charter Of Rights And Freedoms
Section 32 of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter. Only claims based on the type of law contemplated by this section can be brought before a court. Section 32(1) describes the basis on which all rights can be enforced. Section 32(2) was added in order to delay the enforcement of section 15 until government was given time to amend their laws to conform to the section. Text Under the heading "Application of Charter" the section states: The purpose of this section is to make it clear that the Charter only applies to governments, and not to private individuals, businesses or other organizations. Interpretation The meaning of section 32(1) was first examined in ''RWDSU v. Dolphin Delivery Ltd.'' The Courts found that the "authority" of government consisted of all laws created by the three branches of government (executive, legislative, and administrative), as well as any rules, or regulations created by "government actors ...
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Section One Of The Canadian Charter Of Rights And Freedoms
Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's ''Charter'' rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in ''R v Sharpe''), hate speech (e.g., in ''R v Keegstra''), and obscenity (e.g., in ''R v Butler''). When the government has limited an individual's right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was ''prescribed by law'' namely, that the law is attuned to the values of ''accessibility'' and ''intelligibility''; and secondly, that it is ''justified in a free and democratic society'', which means that it must have a justifiable purpose and must be proportional. Text Und ...
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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 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 ...
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