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Section Sixteen Of The Canadian Charter Of Rights And Freedoms
Section 16 of the ''Canadian Charter of Rights and Freedoms'' is the first of several sections of the Constitution dealing with Canada's two official languages, English and French. Section 16 declares that English and French are the official languages of Canada and of the province of New Brunswick. Text Under the heading "Official Languages of Canada", the section reads: Function This section sets out general principles that are expanded in sections 16.1 to 22. Section 16 itself expands upon language rights in the ''Constitution Act, 1867''; whereas section 133 of the ''Constitution Act, 1867'' merely allowed for both languages to be used in the Parliament of Canada and in the Quebec legislature, and in some courts, section 16 goes further by allowing bilingualism in the federal and New Brunswick bureaucracies, and in the New Brunswick legislature.Hogg, Peter W. ''Constitutional Law of Canada.'' 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003. This w ...
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Brian Dickson
Robert George Brian Dickson (May 25, 1916 – October 17, 1998) was a Canadian lawyer, military officer and judge. He was appointed a puisne justice of the Supreme Court of Canada on March 26, 1973, and subsequently appointed the 15th Chief Justice of Canada on April 18, 1984. He retired on June 30, 1990. Dickson's tenure as chief justice coincided with the first wave of cases under the new ''Canadian Charter of Rights and Freedoms'' which reached the Supreme Court from 1984 onwards. Dickson wrote several very influential judgments dealing with the ''Charter'' and laid the groundwork for the approach that the courts would take to the ''Charter''. Early life and family Dickson was born to Thomas Dickson and Sarah Elizabeth Gibson, in Yorkton, Saskatchewan, in 1916, although the family lived at that time in Wynyard.M.A. MacPherson, "About Brian, Bill and Me: Regina Collegiate", in DeLloyd J. Guth (ed.), ''Brian Dickson at the Supreme Court of Canada 1973-1990'' (Winnipeg: Canad ...
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Manitoba Act
The ''Manitoba Act, 1870'' (french: link=no, Loi de 1870 sur le Manitoba)Originally entitled (until renamed in 1982) ''An Act to amend and continue the Act 32 and 33 Victoria, chapter 3; and to establish and provide for the Government of the Province of Manitoba.'' is an act of the Parliament of Canada, and part of the Constitution of Canada, that provided for the admission of Manitoba as the fifth province of Canada.Rea, J.E., Jeff Scott, and Andrew McIntosh. February 7, 2006.Manitoba Act" ''Canadian Encyclopedia'' (last updated January 7, 2021). Receiving royal assent on May 12, 1870, the act also continued to enforce ''An Act for the Temporary Government of Rupert's Land and the North-Western Territories when united with Canada'' upon the absorption of the British territories of Rupert's Land and the North-Western Territory into Canada on July 15, 1870. Hoping to decrease tension, the act marked the legal resolution of the fight for self-determination between the federal go ...
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Manitoba
Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population of 1,342,153 as of 2021, of widely varied landscape, from arctic tundra and the Hudson Bay coastline in the Northern Region, Manitoba, north to dense Boreal forest of Canada, boreal forest, large freshwater List of lakes of Manitoba, lakes, and prairie grassland in the central and Southern Manitoba, southern regions. Indigenous peoples in Canada, Indigenous peoples have inhabited what is now Manitoba for thousands of years. In the early 17th century, British and French North American fur trade, fur traders began arriving in the area and establishing settlements. The Kingdom of England secured control of the region in 1673 and created a territory named Rupert's Land, which was placed under the administration of the Hudson's Bay Company. Rupe ...
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Provinces And Territories Of Canada
Within the geographical areas of Canada, the ten provinces and three territories are sub-national administrative divisions under the jurisdiction of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, Nova Scotia, and the Province of Canada (which upon Confederation was divided into Ontario and Quebec)—united to form a federation, becoming a fully independent country over the next century. Over its history, Canada's international borders have changed several times as it has added territories and provinces, making it the world's second-largest country by area. The major difference between a Canadian province and a territory is that provinces receive their power and authority from the ''Constitution Act, 1867'' (formerly called the ''British North America Act, 1867''), whereas territorial governments are creatures of statute with powers delegated to them by the Parliament of Canada. The powers flowing from t ...
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Section Two Of The Canadian Charter Of Rights And Freedoms
Section 2 of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") is the section of the Constitution of Canada that lists what the ''Charter'' calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association. Section 1 of the ''Charter'' permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2. Additionally, these freedoms can be temporarily invalidated by section 33, the "notwithstanding clause", of the ''Charter''. As a part of the ''Charter'' and of the larger ''Constitution Act, 1982'', section 2 took legal e ...
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Freedom Of Expression
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ...
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Bill 101
The ''Charter of the French Language'' (french: link=no, La charte de la langue française), also known in English as Bill 101, Law 101 (''french: link=no, Loi 101''), or Quebec French Preference Law, is a law in the province of Quebec in Canada defining French, the language of the majority of the population, as the official language of the provincial government. It is the central legislative piece in Quebec's language policy, and one of the three statutory documents Quebec society bases its cohesion upon, along with the Quebec Charter of Human Rights and Freedoms and the Civil Code of Quebec. The Charter also protects the Indigenous languages of Quebec. Proposed by Camille Laurin, the Minister of Cultural Development under the first Parti Québécois government of Premier René Lévesque, it was passed by the National Assembly and received royal assent on August 26, 1977. The Charter's provisions expanded upon the 1974 '' Official Language Act'' (Bill 22), which was enacted ...
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Minority Language
A minority language is a language spoken by a minority of the population of a territory. Such people are termed linguistic minorities or language minorities. With a total number of 196 sovereign states recognized internationally (as of 2019) and an estimated number of roughly 5,000 to 7,000 languages spoken worldwide, the vast majority of languages are minority languages in every country in which they are spoken. Some minority languages are simultaneously also official languages, such as Irish in Ireland or the numerous indigenous languages of Bolivia. Likewise, some national languages are often considered minority languages, insofar as they are the national language of a stateless nation. Definitions There is no scholarly consensus on what a "minority language" is, because various different standards have been applied in order to classify languages as "minority language" or not. According to Owens (2013), attempts to define minority languages generally fall into several cat ...
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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. The purposive interpretation involves a rejection of the exclusionary rule. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements.Barak, Aharon. ''Purposive Interpretation In Law''. Pr ...
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Section Twenty Of The Canadian Charter Of Rights And Freedoms
Section 20 of the ''Canadian Charter of Rights and Freedoms'' is one of the sections of the Constitution of Canada dealing with Canada's two official languages, English and French. Along with section 16, section 20 is one of the few sections under the title "Official Languages of Canada" that guarantees bilingualism outside Parliament, legislatures and courts. This also makes it more extensive than language rights in the ''Constitution Act, 1867''. Section 20's specific function is to establish a right to English and French services from the governments of Canada and New Brunswick. Text Section 20 reads: Rights and limitations Section 20 applies to services from offices of Parliament and the government of Canada, including government departments and the bureaucracy. According to some judicial decisions, it also applies to services from police departments and the Royal Canadian Mounted Police, although not all police officers need to be bilingual. The section's requirements ...
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