RWDSU V. Dolphin Delivery Ltd.
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RWDSU 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 pick ...
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British Columbia Court Of Appeal
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 supernumerary justices. All justices of the BCCA (including the position of C ...
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Constitution Act, 1982
The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of the ''Constitution Act, 1982'' states that the Act may be called the "''Constitution Act, 1982''", and that the ''Constitution Acts'' can be collectively called the "''Constitution Acts, 1867 to 1982''". The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the ''British North America Act, 1867'', including re-naming it the ''Constitution Act, 1867''.Section 1 of the ''British North America Act, 1867'' was amended to be re-named as the ''Constitution Act, 1867.'' Section 20 of the ''Constitution Act, 1867'' was repealed and replaced by section 5 of the Canadian Charter of Rights and Freedoms; and sections 91(1) and 92(1) were repealed: ''Constitution Act, 1982'', s. 53 and Sche ...
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Canadian Labour Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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1986 In Canadian Case Law
The year 1986 was designated as the International Year of Peace by the United Nations. Events January * January 1 **Aruba gains increased autonomy from the Netherlands by separating from the Netherlands Antilles. **Spain and Portugal enter the European Community, which becomes the European Union in 1993. *January 11 – The Sir Leo Hielscher Bridges, Gateway Bridge in Brisbane, Australia, at this time the world's longest prestressed concrete free-cantilever bridge, is opened. *January 13–January 24, 24 – South Yemen Civil War. *January 20 – The United Kingdom and France announce plans to construct the Channel Tunnel. *January 24 – The Voyager 2 space probe makes its first encounter with Uranus. *January 25 – Yoweri Museveni's National Resistance Army Rebel group takes over Uganda after leading a five-year guerrilla war in which up to half a million people are believed to have been killed. They will later use January 26 as the official date to avoid a coincidence of ...
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Labour Relations In Canada
Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour movement, consisting principally of labour unions ** The Labour Party (UK) Literature * ''Labor'' (journal), an American quarterly on the history of the labor movement * ''Labour/Le Travail'', an academic journal focusing on the Canadian labour movement * ''Labor'' (Tolstoy book) or ''The Triumph of the Farmer or Industry and Parasitism'' (1888) Places * La Labor, Honduras * Labor, Koper, Slovenia Other uses * ''Labor'' (album), a 2013 album by MEN * Labor (area), a Spanish customary unit * "Labor", an episode of TV series '' Superstore'' * Labour (constituency), a functional constituency in Hong Kong elections * Labors, fictional robots in ''Patlabor'' People with the surname * Earle Labor (born 1928), professor of American liter ...
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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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Canadian Freedom Of Expression Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Canadian Charter Of Rights And Freedoms Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Dagenais V
Dagenais is a surname. Notable people with the surname include: * Camille Dagenais (1920–2016), Canadian engineer * Kati Dagenais (born 1969), Canadian musher *Pierre Dagenais (born 1978), Canadian ice hockey player * Sarah Dagenais-Hakim, Canadian actress and singer * Todd Dagenais (born 1970), American college volleyball coach, former player and author See also *Dagenais v Canadian Broadcasting Corp ''Dagenais v Canadian Broadcasting Corp'', 9943 S.C.R. 835 is the leading Supreme Court of Canada decision on publication bans and their relation to the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freed ...
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Hill V
A hill is a landform that extends above the surrounding terrain. It often has a distinct summit. Terminology The distinction between a hill and a mountain is unclear and largely subjective, but a hill is universally considered to be not as tall, or as steep as a mountain. Geographers historically regarded mountains as hills greater than above sea level, which formed the basis of the plot of the 1995 film ''The Englishman who Went up a Hill but Came down a Mountain''. In contrast, hillwalkers have tended to regard mountains as peaks above sea level. The ''Oxford English Dictionary'' also suggests a limit of and Whittow states "Some authorities regard eminences above as mountains, those below being referred to as hills." Today, a mountain is usually defined in the UK and Ireland as any summit at least high, while the official UK government's definition of a mountain is a summit of or higher. Some definitions include a topographical prominence requirement, typically or ...
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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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Freedom Of Association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organizatio ...
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