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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 o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), 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 guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part 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. The ''Bill of Rights'' exemplified an international trend towards formalizing human rights protections following the United Nations' ''Universal Declaration of Human Rights'', instigated by the country's movement for human rights and freedoms that emerged af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roland Ritchie
Roland Almon Ritchie, (June 19, 1910 – June 5, 1988) was a Canadian lawyer and puisne justice of the Supreme Court of Canada. Early life and family Born in Halifax, Nova Scotia, the son of William Bruce Almon Ritchie and Lillian Stewart, Ritchie was a scion of prominent families — the Almons, Ritchies, and Stewarts were all major families in Nova Scotia. Ritchie's great-uncle, Sir William Johnstone Ritchie, had also been on the Supreme Court, serving as a puisne justice and then as the second Chief Justice of Canada. His brother, Charles Ritchie was an important Canadian diplomat and diarist. Education Ritchie received a Bachelor of Arts degree from the University of King's College, Halifax, in 1930. He then received a Rhodes scholarship and read law at Pembroke College, Oxford University, receiving an additional Bachelor of Arts degree, in law, in 1932. Military career Ritchie was called to the Nova Scotia Bar in 1934, but his law practice was interrupted by World ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pregnancy
Pregnancy is the time during which one or more offspring gestation, gestates inside a woman's uterus. A multiple birth, multiple pregnancy involves more than one offspring, such as with twins. Conception (biology), Conception usually occurs following sexual intercourse, vaginal intercourse, but can also occur through assisted reproductive technology procedures. A pregnancy may end in a Live birth (human), live birth, a miscarriage, an Abortion#Induced, induced abortion, or a stillbirth. Childbirth typically occurs around 40 weeks from the start of the Menstruation#Onset and frequency, last menstrual period (LMP), a span known as the Gestational age (obstetrics), ''gestational age''; this is just over nine months. Counting by Human fertilization#Fertilization age, ''fertilization age'', the length is about 38 weeks. Implantation (embryology), Implantation occurs on average 8–9 days after Human fertilization, fertilization. An ''embryo'' is the term for the deve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec (Attorney General) V
Quebec is Canada's largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, New Brunswick to the southeast and a coastal border with the territory of Nunavut. In the south, it shares a border with the United States. Between 1534 and 1763, what is now Quebec was the French colony of ''Canada'' and was the most developed colony in New France. Following the Seven Years' War, ''Canada'' became a British colony, first as the Province of Quebec (1763–1791), then Lower Canada (1791–1841), and lastly part of the Province of Canada (1841–1867) as a result of the Lower Canada Rebellion. It was confederated with Ontario, Nova Scotia, and New Brunswick in 1867. Until the early 1960s, the Catholic Church played a large role in the social and cultural institutions in Quebec. However, the Quiet Revolution of the 1960s to 1980s increased the role of the Government of Queb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrews V
Andrews may refer to: Places Australia *Andrews, Queensland * Andrews, South Australia United States * Andrews, Florida (other), various places * Andrews, Indiana * Andrews, Nebraska *Andrews, North Carolina * Andrews, Oregon * Andrews, South Carolina *Andrews, Texas * Andrews County, Texas *Andrews Air Force Base near Washington, D.C., home of Air Force One *Andrews University (Michigan) Philippines *Andrews Avenue, a major thoroughfare in Metro Manila, Philippines Other * Andrews (surname) *'' Andrews v Law Society of British Columbia'', a 1989 Supreme Court of Canada case on constitutional equality guarantees *'' Joseph Andrews'', a novel by Henry Fielding *'' An Apology for the Life of Mrs. Shamela Andrews'', a parody novel *Andrews, a bus company in Sheffield, South Yorkshire, England, that merged with Yorkshire Traction * Andrews Osborne Academy, a private school in Willoughby, Ohio *Henry Cranke Andrews Henry Cranke Andrews (c. 1759 – 1835, floruit, fl. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Twenty-nine Of The Canadian Charter Of Rights And Freedoms
Section 29 of the ''Canadian Charter of Rights and Freedoms'' specifically addresses rights regarding denominational schools and separate schools. Section 29 is not the source of these rights but instead reaffirms the pre-existing special rights belonging to Roman Catholics and Protestants, despite freedom of religion and religious social equality, equality under Section Two of the Canadian Charter of Rights and Freedoms, sections 2 and Section Fifteen of the Canadian Charter of Rights and Freedoms, 15 of the ''Charter''. Such rights may include financial support from the provinces and territories of Canada, provincial governments. In the case ''Mahe v. Alberta'' (1990), the Supreme Court of Canada also had to reconcile denominational school rights with minority language education in Canada, educational rights under Section Twenty-three of the Canadian Charter of Rights and Freedoms, section 23 of the ''Charter''. Text The section reads: Purpose The Constitution of Canada co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Purposive Interpretation
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Purposive interpretation is a derivation of mischief rule set in '' Heydon's Case'', and intended to replace the mischief rule, the plain meaning rule and the golden rule. Purposive interpretation is used when the courts use extraneous materials from the pre-enactment phase of legislation, including early drafts, hansards, committee reports, and white papers. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements.Barak, Aharon. ''Purposive Interpretation In Law''. Princeton University Press (New Jersey), 2005, p. 88 Barak states that the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equality Of Outcome
Equality of outcome, equality of condition, or equality of results is a political concept which is central to some political ideologies and is used in some political discourse, often in contrast to the term equality of opportunity. It describes a state in which all people have approximately the same material wealth and income, or in which the general economic conditions of everyone's lives are alike. Achieving equal results generally entails reducing or eliminating material inequalities between individuals or households in society and usually involves a transfer of income or wealth from wealthier to poorer individuals, or adopting other measures to promote equality of condition. One account in '' The Journal of Political Philosophy'' suggested that the term meant "equalising where people end up rather than where or how they begin", but described this sense of the term as "simplistic" since it failed to identify what was supposed to be made equal. In politics Political philos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantive Equality
Substantive equality is a substantive law on human rights that is concerned with equality of outcome for disadvantaged and marginalized people and groups and generally all subgroups in society."What is substantive equality?" (PDF). Equal Opportunity Commission, Government of Western Australia. November 2014. Retrieved 28 October 2018. Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing systemic discrimination.Mitchell, Ben (2015). Process Equality, Substantive Equality and Recognising Disadvantage Constitutional Equality Law. Irish Jurist. 53: 36-57. Substantive equality recognizes that the law must take elements such as discrimination, marginalization, and unequal distribution into account in order to achieve equal results for basic human rights, and access to goods and services. Substantive equality is primarily achieved by implementing special measures in o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
