Preamble To The Canadian Charter Of Rights And Freedoms
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Preamble To The Canadian Charter Of Rights And Freedoms
The preamble to the ''Canadian Charter of Rights and Freedoms'' is the introductory sentence to the Constitution of Canada's Charter of Rights and ''Constitution Act, 1982''. In full, it reads, "Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law". Interpretation Writing in 1982, when the ''Charter'' came into force, constitutional scholar Peter Hogg noted that these words, being a preamble, could not really be applied by the courts but in theory could help to determine how other sections of the ''Charter'' should be read and applied. In this particular case, however, Hogg expressed doubt as to how much help this preamble could be, noting the term "rule of law" is "notoriously vague" and that the mention of the "supremacy of God" is contrary to section 2 of the ''Charter'', which protects freedom of conscience, which Hogg felt would include a right to atheism.Hogg, Peter W. ''Canada Act 1982 Annotated''. Toronto: Carswell Company, 19 ...
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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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Fundamental Justice
In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the legal system ought fairly to operate", per '' R v Malmo-Levine''. These principles may stipulate basic procedural rights afforded to anyone facing an adjudicative process or procedure that affects fundamental rights and freedoms, and certain substantive standards related to the rule of law that regulate the actions of the state (e.g., the rule against unclear or vague laws). The degree of protection dictated by these standards and procedural rights vary in accordance with the precise context, involving a contextual analysis of the affected person's interests. In other words, the more a person's rights or interests are adversely affected, the more procedural or substantive protections must be afforded to ...
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Abortion Law
Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have Gestational age, gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for pregnancy from rape, rape, incest, or Socioeconomic status, socioeconomic reasons, and more for Birth defect, fetal impairment or risk to the woman's Complications of pregnancy, health or Maternal death, life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population. Abortion continues to be a Abortion debate, controversial subject in many societies on Religion and abortion, religious, Philosophical aspects of the abortion debate#Philosophical arg ...
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Denominational School
A faith school is a school in the United Kingdom that teaches a general curriculum but which has a particular religious character or formal links with a religious or faith-based organisation. The term is most commonly applied to state-funded faith schools, although many independent schools also have religious characteristics. There are various types of state-funded faith school, including Voluntary Aided (VA) schools, Voluntary Controlled (VC) schools, and Faith Academies. Schools with a ''formal'' faith designation may give priority to applicants who are of the faith, and specific exemptions from Section 85 of the Equality Act 2010 enable them to do that. However, state-funded faith schools must admit other applicants if they cannot fill all of their places and must ensure that their admission arrangements comply with the School Admissions Code. Note that legislation varies between the countries of the United Kingdom since education is a devolved matter. England The Educatio ...
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Progressive Conservative Party Of Canada
The Progressive Conservative Party of Canada (PC; french: Parti progressiste-conservateur du Canada) was a centre-right federal political party in Canada that existed from 1942 to 2003. From Canadian Confederation in 1867 until 1942, the original Conservative Party of Canada participated in numerous governments and had multiple names. In 1942, its name was changed to the Progressive Conservative Party under the request of Manitoba Progressive Premier John Bracken. In the 1957 federal election, John Diefenbaker carried the Tories to their first victory in 27 years. The year after, he carried the PCs to the largest federal electoral landslide in history (in terms of proportion of seats). During his tenure, human rights initiatives were achieved, most notably the Bill of Rights. In the 1963 federal election, the PCs lost power. The PCs would not gain power again until 1979, when Joe Clark led the party to a minority government victory. However, the party lost power only ...
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Pierre Trudeau
Joseph Philippe Pierre Yves Elliott Trudeau ( , ; October 18, 1919 – September 28, 2000), also referred to by his initials PET, was a Canadian lawyer and politician who served as the 15th prime minister of Canada The prime minister of Canada (french: premier ministre du Canada, link=no) is the head of government of Canada. Under the Westminster system, the prime minister governs with the Confidence and supply, confidence of a majority the elected Hou ... from 1968 to 1979 and from 1980 to 1984. He also briefly served as the Leader of the Opposition (Canada), leader of the Opposition from 1979 to 1980. He served as leader of the Liberal Party of Canada from 1968 to 1984. Trudeau was born and raised in Montreal, Quebec; he rose to prominence as a lawyer, intellectual, and activist in Quebec politics. Although he aligned himself with the social democratic New Democratic Party, he felt that they could not achieve power, and instead joined the Liberal Party. He was e ...
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Svend Robinson
Svend Robinson (born March 4, 1952) is a Canadian politician. He was a Member of Parliament (MP) from 1979 to 2004, who represented suburban Vancouver-area constituencies of Burnaby for the New Democratic Party (NDP). He is noted as the first member of Parliament in Canadian history to come out as gay while in office."Trailblazer Svend Robinson congratulates Kathleen Wynne, Canada's first openly gay premier"
, January 28, 2013.
In 2004, he pled guilty to stealing an expensive ring and decided not to run in the June 2004 election. At the time, he wa ...
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Freedom Of Religion
Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom to change one's religion or beliefs, "the right not to profess any religion or belief", or "not to practise a religion". Freedom of religion is considered by many people and most nations to be a fundamental rights, fundamental human right. In a country with a state religion, freedom of religion is generally considered to mean that the government permits religious practices of other sects besides the state religion, and does not religious persecution, persecute believers in other faiths (or those who have no faith). Freedom of belief is different. It allows the right to believe what a person, group, or religion wishes, but it does not necessarily allow the right to practice the religion or belief openly and outwardly in a public manner, a ...
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Alberta Court Of Appeal
The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Canadian appellate court. Jurisdiction and hierarchy within Canadian courts The court is the highest in Alberta, Canada. It hears appeals from the Alberta Court of King's Bench, the Provincial Court of Alberta, and administrative boards and tribunals, as well as references from the Lieutenant Governor in Council (essentially the Alberta Cabinet). Some administrative appeals may bypass the Court of King's Bench, commonly orders made by professional discipline boards under the ''Medical Profession Act'', the ''Legal Profession Act'', but also under the ''Energy Resources Conservation Act''. Appeals from the Court of Appeal lie with the Supreme Court of Canada, Canada's court of last resort. Other than certain criminal matters, appeals to the Supreme Court of Canada are heard only by leave of that court. Since the Supreme Court denies leave in most cases, the Court of Appeal is th ...
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R V Big M Drug Mart Ltd
''R v Big M Drug Mart Ltd'' ''(Her Majesty The Queen in Right of Canada v Big M Drug Mart Ltd)'' is a landmark decision by Supreme Court of Canada where the Court struck down the federal ''Lord's Day Act'' for violating section 2 of the ''Canadian Charter of Rights and Freedoms''. This case had many firsts in constitutional law including being the first to interpret section 2. Background On Sunday, May 30, 1982, the Calgary store Big M Drug Mart was charged with unlawfully carrying on the sale of goods on a Sunday contrary to the ''Lord's Day Act'' of 1906. At trial the store was acquitted and an appeal was dismissed by the Alberta Court of Appeal. The constitutional question put before the Court was whether the Act infringed the right to freedom of conscience and religion, if so, whether it is justified under section 1 of the ''Charter'', and whether the Act was ''intra vires'' ("within") Parliament's criminal power under section 91(27) of the ''Constitution Act, 1867''. ...
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Paul Russell (philosopher)
Paul Russell (born Glasgow, Scotland, 1955) is a professor in philosophy at Lund University, where he is Director of the Lund/Gothenburg Responsibility Project GRP His position at Lund is a half-time research position and has been made possible thanks to a major grant from the Swedish Research Council for "the international recruitment of leading researchers" (2014). Prior to his current position at Lund University he has held positions as Professor of philosophy at the University of British Columbia, and at Gothenburg University. Education and research Paul Russell holds an undergraduate degree from Edinburgh University (1979) and a PhD from Cambridge University (1986). At Cambridge his thesis work was supervised by Professor Sir Bernard Williams. He held a research fellowship at Sidney Sussex College, Cambridge from 1984 to 1987. Apart from the positions mentioned above he has also held a number of visiting appointments at various universities, including University of Virg ...
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Civil Religion
Civil religion, also referred to as a civic religion, is the implicit religious values of a nation, as expressed through public rituals, symbols (such as the national flag), and ceremonies on sacred days and at sacred places (such as monuments, battlefields, or national cemeteries). It is distinct from churches, although church officials and ceremonies are sometimes incorporated into the practice of civil religion. Countries described as having a civil religion include France, South Korea, the former Soviet Union, and the United States. As a concept, it originated in French political thought and became a major topic for U.S. sociologists since its use by Robert Bellah in 1960. Origin of term Jean-Jacques Rousseau coined the term in chapter 8, book 4 of ''The Social Contract'' (1762), to describe what he regarded as the moral and spiritual foundation essential for any modern society. For Rousseau, civil religion was intended simply as a form of social cement, helping to unify the st ...
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