Nova Scotia (Attorney General) V. Walsh
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Nova Scotia (Attorney General) V. Walsh
''Nova Scotia (AG) v Walsh'', 0024 S.C.R. 325 was a leading case decided by the Supreme Court of Canada on section 15 of the ''Canadian Charter of Rights and Freedoms'' and matrimonial property. The Court held that the Nova Scotia ''Matrimonial Property Act'', which excluded unmarried cohabitating couples, was not in violation of the section 15 equality guarantee. Susan Walsh and Wayne Bona were cohabitating together for over 10 years. Walsh attempted to get spousal and child support under the Act by applying for recognition of their cohabitation as a "spousal" relationship. On the section 15 analysis it was determined that marital status was an analogously protected ground. On the final step of analysis the court rejected the argument that the exclusion was discriminatory. The difference between the two groups reflects the difference of the relationships and respects the individual autonomy of the parties. Before the final decision was released the Nova Scotia government amende ...
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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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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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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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Nova Scotia
Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native English-speakers, and the province's population is 969,383 according to the 2021 Census. It is the most populous of Canada's Atlantic provinces. It is the country's second-most densely populated province and second-smallest province by area, both after Prince Edward Island. Its area of includes Cape Breton Island and 3,800 other coastal islands. The Nova Scotia peninsula is connected to the rest of North America by the Isthmus of Chignecto, on which the province's land border with New Brunswick is located. The province borders the Bay of Fundy and Gulf of Maine to the west and the Atlantic Ocean to the south and east, and is separated from Prince Edward Island and the island of Newfoundland by the Northumberland and Cabot straits, ...
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Cohabit
Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increasingly common in Western countries since the late 20th century, being led by changing social views, especially regarding marriage, gender roles and religion. More broadly, the term ''cohabitation'' can mean any number of people living together. To "cohabit", in a broad sense, means to "coexist". The origin of the term comes from the mid 16th century, from the Latin ''cohabitare'', from co- 'together' + habitare 'dwell'. Social changes leading to increase Today, cohabitation is a common pattern among people in the Western world. In Europe, the Scandinavian countries have been the first to start this leading trend, although many countries have since followed. Mediterranean Europe has traditionally been very conservative, with religion ...
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Marital Status
Civil status, or marital status, are the distinct options that describe a person's relationship with a significant other. ''Married'', ''single'', ''divorced'', and ''widowed'' are examples of civil status. ''Civil status'' and ''marital status'' are terms used in forms, vital records, and other documents to ask or indicate whether a person is married or single. In the simplest contexts, no further distinction is made. A status of ''married'' means that a person was wed in a manner legally recognized by their jurisdiction. A person's specified civil status might also be ''married'' if they are in a civil union or common-law marriage. The civil status of a person who is legally separated is ''married''. Whether a cohabiting couple (such as in a domestic partnership) have a civil status of "married" depends on the circumstances and the jurisdiction. In addition to those who have never married, ''single'' status applies to people whose relationship with a significant other is not ...
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Domestic Partnership
A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee right of survivorship, hospital visitation, and other rights. The term is not used consistently, which results in some inter-jurisdictional confusion. Some jurisdictions, such as Australia, New Zealand, and the U.S. states of California, Maine, Nevada, Oregon and Washington use the term "domestic partnership" to mean what other jurisdictions call civil union, civil partnership, or registered partnership. Other jurisdictions use the term as it was originally coined, to mean an interpersonal status created by local municipal and county governments, which provides an extremely limited range of rights and responsibilities. Some legislatures have voluntarily established domestic partnership relations by statute instead of being ordered to do s ...
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Hodge V
Hodge may refer to: Places United States *Hodge, California, an unincorporated community *Hodge, Louisiana, a village *Hodge, Missouri, an unincorporated community *The Hodge Building, the historic name of the Begich Towers in Whittier, Alaska Other *Hodge Escarpment, Edith Ronne Land, Antarctica Other uses *Hodge (surname) *Hodge baronets, two titles in the Baronetage of the United Kingdom, one extinct *Hodge 301, a star cluster in the Tarantula Nebula *Hodge (cat), Dr. Samuel Johnson's cat *Hodge, pseudonym of Roger Squires Roger Squires (born 22 February 1932 in Tettenhall, Wolverhampton, England) is a retired British crossword compiler/setter, living in Ironbridge, Shropshire, who is best known for being the world's most prolific compiler. He compiled under the ..., crossword compiler See also *A list of mathematical concepts named after W. V. D. Hodge * Hodges (other) {{disambiguation, geo ...
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Miron V
Miron or Mirón may refer to: * Miron (name) * Miron (surname) * El Mirón, a municipality in Ávila, Castile and León, Spain * El Mirón Cave, in the upper Asón River valley, Cantabria, Spain * 17049 Miron, 1 minor planet See also * Miron Costin (other) Miron Costin may refer to: * Miron Costin, 17th century Moldavian chronicler or two villages in Romania named after him: * Miron Costin, a village in Vlăsinești Commune, Botoşani County * Miron Costin, a village in Trifeşti Commune, Ne ... * Collado del Mirón, a municipality in Ávila, Castile and León, Spain {{Disambiguation ...
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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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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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