Section Seventeen Of The Canadian Charter Of Rights And Freedoms
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Section Seventeen Of The Canadian Charter Of Rights And Freedoms
Section 17 of the ''Canadian Charter of Rights and Freedoms'' is one of the provisions of the ''Charter'' that addresses rights relating to Canada's two official languages, English and French. While the section 17 right to use either language within the Parliament of Canada repeats a right already anchored in section 133 of the ''Constitution Act, 1867'', section 17 also guarantees the right to use both languages in the legislature of New Brunswick, the only officially bilingual province under section 16 of the ''Charter''. Text Section 17 reads, Application As noted in the Supreme Court decision ''New Brunswick Broadcasting Co. v. Nova Scotia'' (1993), the stated application of section 17 is to "Parliament." This wording is an anomaly because technically Parliament is just an institution that enacts statutes. The rights held under section 17, in contrast, presumably are not held against the statutes of Parliament but rather apply to the debates that occur within Parliamenta ...
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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. The ...
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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 ...
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Language Policy In Canada
Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of methods, including spoken, sign, and written language. Many languages, including the most widely-spoken ones, have writing systems that enable sounds or signs to be recorded for later reactivation. Human language is highly variable between cultures and across time. Human languages have the properties of productivity and displacement, and rely on social convention and learning. Estimates of the number of human languages in the world vary between and . Precise estimates depend on an arbitrary distinction (dichotomy) established between languages and dialects. Natural languages are spoken, signed, or both; however, any language can be encoded into secondary media using auditory, visual, or tactile stimuli – for example, writing, whistl ...
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Bilingualism In Canada
The official languages of Canada are English and French, which "have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada," according to Canada's constitution. "Official bilingualism" is the term used in Canada to collectively describe the policies, constitutional provisions, and laws that ensure legal equality of English and French in the Parliament and courts of Canada, protect the linguistic rights of English- and French-speaking minorities in different provinces, and ensure a level of government services in both languages across Canada. In addition to the symbolic designation of English and French as official languages, official bilingualism is generally understood to include any law or other measure that: *mandates that the federal government conduct its business in both official languages and provide government services in both languages; *encourages or mandates lower tiers of government (most notab ...
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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 ...
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Negative And Positive Rights
Negative and positive rights are rights that oblige either inaction (''negative rights'') or action (''positive rights''). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a ''negative right to x'' against Clay, if and only if Clay is ''prohibited'' to act upon Adrian in some way regarding ''x''. In contrast, Adrian has a ''positive right to x'' against Clay, if and only if Clay is obliged to act upon Adrian in some way regarding ''x''. A case in point, if Adrian has a ''negative right to life'' against Clay, then Clay is required to refrain from killing Adrian; while if Adrian has a ''positive right to life'' against Clay, then Clay is required to act as necessary to preserve the life of Adrian. ''Negative rights'' may include civil and political rights such as freedom of speech, life, private property, freedo ...
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Jones V
Jones may refer to: People *Jones (surname), a common Welsh and English surname *List of people with surname Jones *Jones (singer), a British singer-songwriter Arts and entertainment * Jones (''Animal Farm''), a human character in George Orwell's novel ''Animal Farm'' * "Jones" (''Law & Order: Criminal Intent''), an episode of the TV series *Jones!, a New Zealand television channel *"Jones", a song from the album '' Certain Things Are Likely'' by Kissing the Pink Organisations *Jones Bootmaker, a UK-based footwear retailer *Jones Soda, a brand of soda pop *Jones Sewing Machine Company, a British manufacturer acquired by Brother Industries *L&F Jones, a British retail and hotel company Places * Jones, Ontario, Canada *Jones, Isabela, Philippines United States *Jones, Alabama *Jones, Illinois *Jones, Kentucky *Jones, Michigan *Jones, Oklahoma *Jones, West Virginia *Jones Township (other) Science and technology *Jones (Martian crater), an impact crater on Mars *Jones (un ...
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MacDonald V
Macdonald, MacDonald or McDonald may refer to: Organisations * McDonald's, a chain of fast food restaurants * McDonald & Co., a former investment firm * MacDonald Motorsports, a NASCAR team * Macdonald Realty, a Canadian real estate brokerage firm * McDonald Centre, a research institute in the University of Oxford Places Canada * Macdonald, Manitoba, a rural municipality * Macdonald (electoral district), a federal electoral district in Manitoba United States * McDonald, Kansas * McDonald, Missouri * McDonald, New Mexico * McDonald, North Carolina * McDonald, Ohio * McDonald, Pennsylvania, a borough straddling the boundary between Washington and Allegheny counties * McDonald Observatory, an astronomical observatory in Texas, United States * MacDonald, West Virginia Other places * Heard Island and McDonald Islands, Australian islands in the Southern Ocean * McDonald Beach, Antarctica * McDonald (crater), a lunar impact crater in the Mare Imbrium * Macdonald River (disambigu ...
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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 ...
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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 ...
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Bertha Wilson
Bertha Wernham Wilson (September 18, 1923April 28, 2007) was a Canadian jurist and the first female puisne justice of the Supreme Court of Canada. Before her ascension to Canada's highest court, she was the first female associate and partner at Osler, Hoskin & Harcourt and the first woman appointed to the Court of Appeal for Ontario. During her time at Osler, she created the first in-firm research department in the Canadian legal industry. Early life Wilson was born in Kirkcaldy, Scotland, on September 18, 1923. She was the daughter of Archibald Wernham and Christina Noble. Wilson received a Master of Arts degree in philosophy from the University of Aberdeen in 1944. In 1949, Bertha Wilson emigrated to Canada with her husband, Reverend John Wilson, a Presbyterian minister, whom she had married in 1945. The couple settled in Renfrew, Ontario, after John Wilson accepted a posting as a pastor. Three years later, in 1952, her husband became a naval chaplain during the Korean War, an ...
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Jean Beetz
Jean-Marie Philémon Joseph Beetz, , c.r. (March 27, 1927 – September 30, 1991) was a Canadian lawyer, academic and judge from Quebec. He served as a puisne justice of the Supreme Court of Canada from 1974 to 1988. Family and early life Born in Montreal, Quebec, Beetz was the son of Jean Beetz and Jeanne Cousineau.Supreme Court of Canada Biography: Jean Beetz He was the grandson of Johan Beetz, a Canadian naturalist of Belgian origin. Beetz earned a Bachelor of Arts degree in 1947 from the Université de Montréal and a Licentiate of Laws in 1950. He was awarded a Rhodes Scholarship and attended Pembroke College, Oxford, where he received Bachelor of Arts and Master of Arts degrees in 1953. Legal career Beetz was called to the bar in Quebec before leaving for England on his Rhodes Scholarship. On his return to Canada in 1953, he became an assistant professor teaching Canadian constitutional law at the Université de Montréal. He taught there for twenty years, includin ...
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