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Section Twenty-five Of The Canadian Charter Of Rights And Freedoms
Section 25 of the ''Canadian Charter of Rights and Freedoms'' is the first section under the heading "General" in the ''Charter'', and like other sections within the "General" sphere, it aids in the interpretation of rights elsewhere in the ''Charter''. While section 25 is also the Charter section that deals most directly with Aboriginal peoples in Canada, it does not create or constitutionalize rights for them. The ''Charter'' is a part of the larger ''Constitution Act, 1982''. Aboriginal rights, including treaty rights, receive more direct constitutional protection under section 35 of the ''Constitution Act, 1982.'' Text Under the heading "General," the section reads: Purpose In other words, the ''Charter'' must be enforced in a way that does not diminish Aboriginal rights. As the Court of Appeal for Ontario held in ''R. v. Agawa'' (1988), the section "confers no new rights," but instead "shields" old ones. This is a stronger recognition for non-''Charter'' rights than s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), 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 civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest 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. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Equality
Social equality is a state of affairs in which all individuals within a specific society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services. Social equality requires the absence of legally enforced social class or caste boundaries and the absence of discrimination motivated by an inalienable part of an individual's identity. For example, advocates of social equality believe in equality before the law for all individuals regardless of sex, gender, ethnicity, age, sexual orientation, origin, caste or class, income or property, language, religion, convictions, opinions, health, or disability. Social equality is related to equal opportunity. Definition Social equality is variously defined and measured by different schools of thought. These include equality of power, rights, goods, opportunities, capabilities, or some combination of these things. It may also by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Footnotes
A note is a string of text placed at the bottom of a page in a book or document or at the end of a chapter, volume, or the whole text. The note can provide an author's comments on the main text or citations of a reference work in support of the text. Footnotes are notes at the foot of the page while endnotes are collected under a separate heading at the end of a chapter, volume, or entire work. Unlike footnotes, endnotes have the advantage of not affecting the layout of the main text, but may cause inconvenience to readers who have to move back and forth between the main text and the endnotes. In some editions of the Bible, notes are placed in a narrow column in the middle of each page between two columns of biblical text. Numbering and symbols In English, a footnote or endnote is normally flagged by a superscripted number immediately following that portion of the text the note references, each such footnote being numbered sequentially. Occasionally, a number between brack ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Prime Minister
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 of a majority the elected House of Commons; as such, the prime minister typically sits as a member of Parliament (MP) and leads the largest party or a coalition of parties. As first minister, the prime minister selects ministers to form the Cabinet, and serves as its chair. Constitutionally, the Crown exercises executive power on the advice of the Cabinet, which is collectively responsible to the House of Commons. Justin Trudeau is the 23rd and current prime minister of Canada. He took office on November 4, 2015, following the 2015 federal election where his Liberal Party won a majority of seats and was invited to form the 29th Canadian Ministry. Trudeau was subsequently re-elected following the 2019 and 2021 elections with a minority of seats. Not outlined in any constitutional docu ... [...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] |
Aboriginal Land Claims
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary internationa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Commission On Aboriginal Peoples
The Royal Commission on Aboriginal Peoples (RCAP) was a Canadian royal commission established in 1991 with the aim of investigating the relationship between Indigenous peoples in Canada, the Government of Canada, and Canadian society as a whole. It was launched in response to status and rights issues brought to light following events such as the Oka Crisis and the failure of the Meech Lake Accord. The commission culminated in a final report of 4,000 pages, published in 1996 and set out a 20-year agenda for implementing recommended changes. Scope The Commission of Inquiry investigated the evolution of the relationship among Aboriginal peoples (First Nations, Inuit and Métis), the Government of Canada, Indian and Northern Affairs Canada and part of the Culture of Canada as a whole. It proposed specific solutions, rooted in domestic and international experience, to the problems which have plagued those relationships and which confront Aboriginal peoples today. The Commission exam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Reserves
In Canada, an Indian reserve (french: réserve indienne) is specified by the '' Indian Act'' as a "tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band." Indian reserves are the areas set aside for First Nations, an indigenous Canadian group, after a contract with the Canadian state ("the Crown"), and are not to be confused with land claims areas, which involve all of that First Nations' traditional lands: a much larger territory than any reserve. Demographics A single "band" (First Nations government) may control one reserve or several, while other reserves are shared between multiple bands. In 2003, the Department of Indian and Northern Affairs stated there were 2,300 reserves in Canada, comprising . According to Statistics Canada in 2011, there are more than 600 First Nations/Indian bands in Canada and 3,100 Indian reserves across Canada. Examples include the Driftpile First Nation, wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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