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Section 15 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 of th ...
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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. ...
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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 ...
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Brooks V
Brooks may refer to: Places ;Antarctica * Cape Brooks ;Canada *Brooks, Alberta ;United States * Brooks, Alabama * Brooks, Arkansas * Brooks, California * Brooks, Georgia * Brooks, Iowa * Brooks, Kentucky *Brooks, Maine * Brooks Township, Michigan * Brooks, Minnesota * Brooks, Montana *Brooks, Oregon * Brooks, San Antonio, Texas *Brooks City-Base, built on former United States Air Force base near San Antonio, Texas * Brooks, Wisconsin * Brooks Lake, a lake in Minnesota ;United States and Canada *The Brooks Range, mountain range in Alaska and Yukon People * Brooks (given name) * Brooks (surname) * Brooks (DJ), Dutch DJ, producer and musician Fictional characters * Brooks Hatlen, in the 1994 film ''The Shawshank Redemption'', played by James Whitmore * Dustin Brooks, in the TV series ''Power Rangers Ninja Storm'' * Earl Brooks, the title character of ''Mr. Brooks'', a film * Blade (character), also known as Eric Brooks in the Marvel Universe ** Blade (New Line Blade franchise ...
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Pregnancy
Pregnancy is the time during which one or more offspring develops ( gestates) inside a woman's uterus (womb). A multiple pregnancy involves more than one offspring, such as with twins. Pregnancy usually occurs by sexual intercourse, but can also occur through assisted reproductive technology procedures. A pregnancy may end in a live birth, a miscarriage, an induced abortion, or a stillbirth. Childbirth typically occurs around 40 weeks from the start of the last menstrual period (LMP), a span known as the gestational age. This is just over nine months. Counting by fertilization age, the length is about 38 weeks. Pregnancy is "the presence of an implanted human embryo or fetus in the uterus"; implantation occurs on average 8–9 days after fertilization. An ''embryo'' is the term for the developing offspring during the first seven weeks following implantation (i.e. ten weeks' gestational age), after which the term ''fetus'' is used until birth. Signs and sym ...
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Quebec (Attorney General) V
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen provinces and territories of Canada. It is the largest province by area and the second-largest by population. Much of the population lives in urban areas along the St. Lawrence River, between the most populous city, Montreal, and the provincial capital, Quebec City. Quebec is the home of the Québécois nation. Located in Central Canada, the province shares land borders with Ontario to the west, Newfoundland and Labrador to the northeast, New Brunswick to the southeast, and a coastal border with Nunavut; in the south it borders Maine, New Hampshire, Vermont, and New York in the United States. Between 1534 and 1763, Quebec was called ''Canada'' and was the most developed colony in New France. Following the Seven Years' War, Quebec bec ...
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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 ( fl. 1794 – 1830), was an English bot ...
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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 equality under sections 2 and 15 of the ''Charter''. Such rights may include financial support from the provincial governments. In the case '' Mahe v. Alberta'' (1990), the Supreme Court of Canada also had to reconcile denominational school rights with minority language educational rights under section 23 of the ''Charter''. Text The section reads: Purpose The Constitution of Canada contains a number of denominational school rights. They usually belong to Catholics and Protestants wherever they form the minority population of the relevant province. The former Chief Justice of Canada Beverley McLachlin once referred to this as an early form ...
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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''. ...
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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 had 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. 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 to prove their case, the claim will be ...
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Substantive Equality
Substantive equality is a fundamental aspect of human rights law that is concerned with equitable outcomes and equal opportunities for disadvantaged and marginalized people and groups in society.Cusack, Simone, Ball, Rachel (2009) Eliminating Discrimination and Ensuring Substantive Equality. Public Interest Law Clearing House and Human Rights Law Resource Centre Ltd."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 ac ...
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