Multani V Commission Scolaire Marguerite‑Bourgeoys
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Multani V Commission Scolaire Marguerite‑Bourgeoys
''Multani v Commission scolaire Marguerite‑Bourgeoys'', 0061 S.C.R. 256, 2006 SCC 6 is a decision by the Supreme Court of Canada in which the Court struck down an order of a Quebec school authority, that prohibited a Sikh child from wearing a kirpan to school, as a violation of freedom of religion under section 2(a) of the ''Canadian Charter of Rights and Freedoms''. This order could not be saved under section 1 of the ''Charter''. The case involved a 13-year-old Sikh named Gurbaj Singh, who in November 2001 dropped a metal kirpan at his school, École Sainte‑Catherine‑Labouré. This prompted the school board to request certain limits on the wearing of the kirpan, including that it be covered at all times. The Sikh family accepted this request. However, another board, in February 2002, overrode the school board, deciding that the kirpan was a weapon and thus was not allowed under the code of conduct. The council of commissioners agreed with the latter decision, althoug ...
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Court Of Appeal For Quebec
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the amo ...
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Section Seven Of The Canadian Charter Of Rights And Freedoms
Section 7 of the ''Canadian Charter of Rights and Freedoms'' is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice. This ''Charter'' provision provides both substantive and procedural rights. It has broad application beyond merely protecting due process in administrative proceedings and in the adjudicative context, and has in certain circumstances touched upon major national policy issues such as entitlement to social assistance and public health care. As such, it has proven to be a controversial provision in the ''Charter''. Text Under the heading of "Legal Rights", the section states: Application The wording of section 7 says that it applies to "everyone". This inclu ...
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Security Of Person
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world. In general, the right to the security of one's person is associated with liberty and includes the right, if one is imprisoned unlawfully, to a remedy such as ''habeas corpus''. Security of person can also be seen as an expansion of rights based on prohibitions of torture and cruel and unusual punishment. Rights to security of person can guard against less lethal conduct, and can be used in regard to prisoners' rights. United Nations The right to security of the person is guaranteed by Article 3 of the ''Universal Declaration of Human Rights''. In this article, it is combined with the right to life and liberty. In full, the article reads, "Everyon ...
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Constitution Of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the ''Constitution Act, 1982'', the Canadian Constitution consists of the ''Canada Act 1982'' (which includes the ''Constitution Act, 1982''), acts and orders referred to in its schedule (including in particular the ''Constitution Act, 1867'', formerly the ''British North America Act, 1867''), and any amendments to these documents. The Supreme Court of Canada has held that the list is not exhaustive and also includes a number of pre-confederation acts and unwritten components ...
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Quebec Charter Of Human Rights And Freedoms
The ''Charter of Human Rights and Freedoms'' (french: Charte des droits et libertés de la personne), also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe, coming into effect on June 28, 1976. Introduced by the Liberal government of Robert Bourassa, the Charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson. The Charter recognizes that every person on the territory of Quebec is equal in value and in dignity. Since the Charter aims to guarantee human rights and to harmonize the relations between citizens, and between citizens and institutions, the Charter binds the state (legislature, executive, administrative) and applies to private law relations (between persons). The Charter also establishes the '' Commission des droits de la personne et des droits de la jeunesse ...
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Louis LeBel
Louis LeBel (born November 30, 1939) is a former puisne justice of the Supreme Court of Canada. He served on the Court from 2000 to 2014. LeBel was born in Quebec City. He is the son of lawyer Paul LeBel, Q.C. He went to school at the Collège des Jésuites, graduating with a BA in 1958. LeBel earned his law degree at Université Laval in 1962 and went on to get an LL.M from the University of Toronto in 1966. He was a top student, winning the Governor General's medal, the Lieutenant General's medal and the Tessier silver medal. He was called to the bar in 1962 and practised in Quebec City in several firms until 1984. During this period he taught at the University of Ottawa and Université Laval. On June 28, 1984, he was appointed directly to the Quebec Court of Appeal. He stayed on the Court until he was appointed by Jean Chrétien to the Supreme Court in 2000. He is married to Louise Poudrier since August 28, 1965. His wife is also a lawyer and taught at Université Laval u ...
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Deference
Deference (also called submission or passivity) is the condition of submitting to the espoused, legitimate influence of one's superior or superiors. Deference implies a yielding or submitting to the judgment of a recognized superior, out of respect or reverence. Deference has been studied extensively by political scientists, sociologists, and psychologists. Politics Smolenski (2005) examines deference in colonial Pennsylvania, to see how claims to political authority were made, justified, and accepted or rejected. He focuses on the "colonial speech economy," that is, the implicit rules that determined who was allowed to address whom and under what conditions, and describes how the qualities that inspired deference changed in the province from 1691 to 1764. The Quaker elite initially established a monopoly on political leadership based on what they believed to be their inherent civic virtue grounded in their religious and social class. By 1760, this view had been discredited and ...
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Chamberlain V
Chamberlain may refer to: Profession *Chamberlain (office), the officer in charge of managing the household of a sovereign or other noble figure People *Chamberlain (surname) **Houston Stewart Chamberlain (1855–1927), German-British philosopher and racialist writer **Joshua Chamberlain (1828–1914), Brigadier General of American Civil War and Governor of Maine **Neville Chamberlain (1869–1940), British Prime Minister at the outbreak of World War II **Wilt Chamberlain (1936–1999), American basketball player Places * Chamberlains, Newfoundland and Labrador, Canada * Chamberlain, Ontario, Canada *Chamberlain, Saskatchewan, Canada *Chamberlain Township, Brule County, South Dakota, a township **Chamberlain, South Dakota, United States, a city *Chamberlain, Uruguay *Chamberlain Basin, Custer County, Idaho *Chamberlain Square in Birmingham, England *D.S. Chamberlain Building, listed on the National Register of Historic Places in Polk County, Iowa Arts, entertainment, and me ...
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Rosalie Abella
Rosalie Silberman Abella (born July 1, 1946) is a Canadian jurist. In 2004, Abella was appointed to the Supreme Court of Canada, becoming the first Jewish woman and refugee to sit on the Canadian Supreme Court bench. She retired from the federal bench in 2021. Early life and education Rosalie Silberman Abella was born on July 1, 1946, the daughter of Jacob and Fanny (Krongold) Silberman. She was born in a displaced persons camp in Stuttgart, Germany. Her father was born in Sienno, Poland, in 1910, while her mother was born in Ostrowiec in 1917. Abella's older sister was murdered in the Holocaust. Her parents both survived, Jacob Silberman was liberated from Theresienstadt Concentration Camp, Fanny Silberman survived Buchenwald Concentration Camp. Jacob had studied law at the Jagiellonian University in Cracow and was appointed head of legal services for displaced persons in the US Zone of Southwest Germany. In 1950, her family was admitted into Canada, though Jacob Silberma ...
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Marie Deschamps
Marie Deschamps, CC (born October 2, 1952) is a former puisne justice of the Supreme Court of Canada. She retired from the court on August 7, 2012. In September 2019, Deschamps was appointed as a member of the National Security and Intelligence Review Agency. Early life Deschamps was born in Repentigny, Quebec. Education She studied law at the Université de Montréal, graduating in 1974, and completing a Master of Law (LL.M) in 1983 at McGill. Career Legal and judicial She was called to the bar in 1975 and then practised civil, commercial and family law at several Quebec law firms until 1990. In April 1990, Deschamps was appointed to the Quebec Superior Court and in March 1992 to the Quebec Court of Appeal. She was promoted to the Supreme Court of Canada in September 2002, at the age of 49, as the 75th judge appointed to the Supreme Court. Cristin Schmitz, "Deschamps plans to chart her own course". ''Ottawa Citizen'', September 9, 2002: A3. She retired from the court on Aug ...
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Civic Virtue
Civic virtue is the harvesting of habits important for the success of a society. Closely linked to the concept of citizenship, civic virtue is often conceived as the dedication of citizens to the common welfare of each other even at the cost of their individual interests. The identification of the character traits that constitute civic virtue has been a major concern of political philosophy. The term ''civility'' refers to behavior between persons and groups that conforms to a social mode (that is, in accordance with the civil society), as itself being a foundation of society and law. In republics Civic virtues are historically taught as a matter of chief concern in nations under republican forms of government, and societies with cities. When final decisions on public matters are made by a monarch, it is the ''monarch's'' virtues which influence those decisions. When a broader class of people become the decision-makers, it is then their virtues which characterize the types of dec ...
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