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Section Thirty-five Of The Constitution Act, 1982
Section 35 of the ''Constitution Act, 1982'' provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. The section, while within the Constitution of Canada, falls outside the ''Canadian Charter of Rights and Freedoms''. The section does not define the term "aboriginal rights" or provide a closed list; some examples of the rights that section 35 has been found to protect are fishing, logging, hunting, the right to land (cf. aboriginal title) and the right to enforcement of treaties. There remains a debate over whether the right to indigenous self-government is included within section 35. the Supreme Court of Canada has made no ruling on the matter. However, since 1995 the Government of Canada has had a policy recognizing the inherent right of self-government under section 35. Text The provision provides that: Aboriginal rights In 1982, when section 35 was entrenched into the Canadian Constitution, Delbert Riley — who was then the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 Section 20 of the ''Constitution Act, 1867'' was repealed and replaced by section 5 of the Canadian Charter of Rights and Freedoms; and sections 91(1) and 92(1) were repealed: ''Constitution Act, 1982'', s. 53 and Sche ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Musqueam
The Musqueam Indian Band ( ; hur, xʷməθkʷəy̓əm ) is a First Nations in Canada, First Nations band government in the Canadian province of British Columbia. It is the only First Nations band whose reserve community lies within the boundaries of the Vancouver, City of Vancouver. Name The name Musqueam comes from the flowering plant məθkʷəy̓, which grows in the Fraser River estuary. There is a sχʷəy̓em̓ that has been passed on from generation to generation that explains how they became known as the xʷməθkʷəy̓əm – People of the məθkʷəy̓ plant. Their name is one of the ways that their historical connection to the land is highlighted. The old people spoke of a small lake called xʷməm̓qʷe:m (Camosun Bog) where the sʔi:ɬqəy̓ (double-headed serpent) originated. They were warned as youth to be cautious and not go near or they would surely die. This sʔi:ɬqəy̓ was so massive that its winding path from the lake to the stal̕əw̓ (river) became th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Aboriginal Law
Canadian Aboriginal law is the body of law of Canada that concerns a variety of issues related to Indigenous peoples in Canada. Canadian Aboriginal Law is different from Canadian Indigenous law: In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups. ''Aboriginal peoples'' as a collective noun is a specific term of art used in legal documents, including the ''Constitution Act, 1982'', and includes First Nations, Inuit and Métis people. Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices. Canadian Aboriginal Law enforces and interprets certain treaties between the Crown and Indigenous people, and manages much of their interaction. A major area of Aboriginal law involves the duty to consult and accommodate. Sources Aboriginal law Aboriginal law is based on a variety of written and unwritten legal sources. The Royal Proclamation of 1763 is the foundation docum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amendments To The Constitution Of Canada
Before 1982, modifying the Constitution of Canada primarily meant amending the ''British North America Act, 1867''. Unlike most other constitutions, however, the Act had no amending formula; instead, changes were enacted through Acts of the Parliament of the United Kingdom (or "Imperial Parliament") called the British North America Acts. Other Commonwealth countries had taken over the authority for constitutional amendment after the Statute of Westminster 1931, but at the time, Canada decided to allow the Parliament of the United Kingdom to retain the power "temporarily." With the ''Constitution Act, 1982'', Canada took over the authority to amend its own constitution, achieving full sovereignty. Between 1931 and 1982, the federal government, on behalf of the House of Commons of Canada and the Senate, would issue an address to the British government requesting an amendment. The request would include a resolution containing the desired amendments, which in turn were always ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rainer Knopff
Rainer Knopff is a writer, professor of political science at the University of Calgary, Canada, and member of a group known as the Calgary School. He especially well known for his views about the influence of judicial decisions on Canadian public policy. In 2010, Knopff was appointed by the then Prime Minister Stephen Harper to the Governor General Consultation Committee, a special committee to recommend a successor to Governor General of Canada Michaëlle Jean. The panel recommended David Johnston who was installed as viceroy on October 1, 2010. Affiliations Rainer Knopff is often described as a member of the Calgary School, which includes a group of conservatively inclined professors at the University of Calgary, such as Barry Cooper, F.L.(Ted) Morton, Tom Flanagan (political scientist) and history professor David Bercuson who are strongly committed to strategic and direct influence on public affairs with a long term vision. "There are tensions between the socially conservativ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ted Morton
Frederick Lee Morton (born 1949), known commonly as Ted Morton, is an American-Canadian politician and former cabinet minister in the Alberta government. As a member of the Legislative Assembly of Alberta, he represented the constituency of Foothills-Rocky View as a Progressive Conservative Association of Alberta, Progressive Conservative from 2004 to 2012 (in the 26th Alberta Legislative Assembly, 26th and 27th Alberta Legislative Assembly, 27th Alberta Legislative Assemblies). He did not win reelection in the 2012 Alberta general election. Morton was a candidate for the leadership of the Progressive Conservative Association in its 2006 Progressive Conservative Association of Alberta leadership election, 2006 and 2011 Progressive Conservative Association of Alberta leadership election, 2011 leadership elections. Morton is currently Professor Emeritus of Political Science at the University of Calgary. Personal life Morton was born in Los Angeles on 1949. In 1952, Morton moved ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oakes Test
Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's ''Charter'' rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in ''R v Sharpe''), hate speech (e.g., in ''R v Keegstra''), and obscenity (e.g., in ''R v Butler''). When the government has limited an individual's right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was ''prescribed by law'' namely, that the law is attuned to the values of ''accessibility'' and ''intelligibility''; and secondly, that it is ''justified in a free and democratic society'', which means that it must have a justifiable purpose and must be proportional. Text Under ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Twenty-four Of The Canadian Charter Of Rights And Freedoms
Section 24 of the ''Canadian Charter of Rights and Freedoms'' provides for remedies available to those whose ''Charter'' rights are shown to be violated. Some scholars have argued that it was actually section 24 that ensured that the ''Charter'' would not have the primary flaw of the 1960 '' Canadian Bill of Rights''. Canadian judges would be reassured that they could indeed strike down statutes on the basis that they contradicted a bill of rights.Dyck, Rand. ''Canadian Politics: Critical Approaches.'' Third ed. (Scarborough, Ontario: Nelson Thomson Learning, 2000), p. 442. Text Under the heading "Enforcement," the section states: Remedies Subsection 24(1) must be distinguished from subsection 52(1) of the ''Constitution Act, 1982''. Whereas section 52 allows the courts to invalidate laws or parts of laws for breaches of the constitution (including the ''Charter''), section 24 has broader capabilities (hindered only by the "appropriate and just" requirement) and can only be in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Thirty-three Of The Canadian Charter Of Rights And Freedoms
Section 33 of the ''Canadian Charter of Rights and Freedoms'' is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (french: clause dérogatoire, links=no or ), sometimes referred to as the override power, and it allows Parliament or provincial legislatures to temporarily override sections 2 and 7–15 of the ''Charter.Library of Parliament, Parliamentary Information and Research ServiceThe Notwithstanding Clause of the Charter, prepared by David Johansen, 1989, as revised May 2005. Retrieved August 7, 2006. Text The section states: Function The Parliament of Canada, a provincial legislature or a territorial legislature may declare that one of its laws or part of a law applies temporarily ("notwithstanding") countermanding sections of the ''Charter'', thereby nullifying any judicial review by overriding the ''Charter'' protections for a limited period of time. This is done by including a section in the law clearly specifying which rights ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section One Of The Canadian Charter Of Rights And Freedoms
Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's ''Charter'' rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in ''R v Sharpe''), hate speech (e.g., in ''R v Keegstra''), and obscenity (e.g., in ''R v Butler''). When the government has limited an individual's right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was ''prescribed by law'' namely, that the law is attuned to the values of ''accessibility'' and ''intelligibility''; and secondly, that it is ''justified in a free and democratic society'', which means that it must have a justifiable purpose and must be proportional. Text Und ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Hogg
Peter Wardell Hogg (12 March 1939 – 4 February 2020) was a New Zealand-born Canadian legal scholar and lawyer. He was best known as a leading authority on Canadian constitutional law, with the most academic citations in Supreme Court jurisprudence of any living scholar during his lifetime, according to Emmett Macfarlane of the University of Waterloo. Early life and education Born in Lower Hutt, New Zealand, on 12 March 1939, Hogg attended Nelson College from 1952 to 1956. He earned his LLB from Victoria University College, a constituent college of the University of New Zealand, in 1962, his LLM from Harvard University in 1963, and his PhD from Monash University in Melbourne, Australia, in 1970. Career In 1970, he was appointed Professor of Law at Osgoode Hall Law School in Toronto and was appointed Dean in 1998. In 2003 he accepted a position as scholar in residence at the law firm of Blake, Cassels & Graydon LLP. Hogg wrote several books, including ''Constitutional Law of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Individual Rights
Group rights, also known as collective rights, are rights held by a group ''wikt:qua, qua'' a group rather than individually by its members; in contrast, individual rights are rights held by Individuality, individual people; even if they are group-differentiated, which most rights are, they remain individual rights if the right-holders are the individuals themselves. Historically, group rights have been used both to infringe upon and to facilitate individual rights, and the concept remains controversial. Organizational group rights Besides the rights of groups based upon the immutable characteristics of their individual members, other group rights cater toward organizational persons, including nation-states, trade unions, corporations, trade associations, chambers of commerce, specific ethnic groups, and political parties. Such organizations are accorded rights that are particular to their specifically stated functions and their capacities to speak on behalf of their members, i.e. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
