Section Thirty-four Of The Canadian Charter Of Rights And Freedoms
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Section Thirty-four Of The Canadian Charter Of Rights And Freedoms
Section 34 of the ''Canadian Charter of Rights and Freedoms'' is the last section of Canada's Charter of Rights, which is entrenched in the ''Constitution Act, 1982''. Section 34 provides guidance for the legal citation of the ''Charter''. The section has been interpreted by Canadian writers, who have analyzed both its intention and its meaning. Because the section affirms the name of the ''Charter'' and thus entrenches it in the ''Constitution Act'', it came into focus in 1994 when a Member of Parliament (MP) proposed to change the name of the ''Charter''. Text Under the heading "Citation," the section reads: Function Section 34, as part of the ''Constitution Act, 1982'', came into force on April 17, 1982. According to the government of Canada, section 34's function "simply" relates to citation. The section clarifies that the first 34 sections of the ''Constitution Act, 1982'' may be collectively called the "''Canadian Charter of Rights and Freedoms''," which is an "officia ...
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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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George Elliott Clarke
George Elliott Clarke, (born February 12, 1960) is a Canadian poet, playwright and literary critic who served as the Poet Laureate of Toronto from 2012 to 2015 and as the 2016–2017 Canadian Parliamentary Poet Laureate. His work is known largely for its use of a vast range of literary and artistic traditions (both "high" and "low"), its lush physicality and its bold political substance. One of Canada's most illustrious poets, Clarke is also known for chronicling the experience and history of the Black Canadian communities of Nova Scotia and New Brunswick, creating a cultural geography that he has coined "Africadia". Life Clarke was born to William and Geraldine Clarke in Windsor, Nova Scotia, near the Black Loyalist community of Three Mile Plains, Nova Scotia, Three Mile Plains, and grew up in Halifax, Nova Scotia, Halifax, Nova Scotia. He graduated from Queen Elizabeth High School (Halifax), Queen Elizabeth High School in 1978. He earned a Bachelor of Arts, BA honours degree ...
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Edmonton Southwest
Edmonton Southwest was a federal electoral district in Alberta, Canada, that was represented in the House of Commons of Canada from 1988 to 2003. Demographics Geography It was located in the city of Edmonton in the province of Alberta. History This riding was created in 1987 from Edmonton South and Edmonton West ridings. It was abolished in 2003 when it was redistributed into Edmonton—Leduc, Edmonton—Spruce Grove and Edmonton Centre ridings. Members of Parliament This riding elected the following Members of Parliament: # 1993-2000: Ian McClelland - Reform (1993–2000), Canadian Alliance (2000) # 2000-2003: James Rajotte - Canadian Alliance (2000–2003), Progressive Conservative (2003–2004), Conservative (2004- ) - He currently represents 'Edmonton—Leduc. Election results , - , - bgcolor="white" !align="right" colspan=3, Total valid votes !align="right", 48,670 !align="right", 100.00% !align="right", !align="right", , - bgcolor="white" !align="right" co ...
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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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Constitutional Amendment
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document. Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation. Examples of such special procedures include supermajorities in the legislature, or direct approval by the electorate in a referendum, or even a combination of two or more different special procedures. A referendum to amend the constitution may also be triggered in some jurisdictions by popular initiative. Australia and Ireland provide examples of constitutions requiring that all amendments are first pas ...
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Section Fifteen 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 the l ...
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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 ...
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Section Twenty-seven Of The Canadian Charter Of Rights And Freedoms
Section 27 of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the section 25 to section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the courts. It is believed that section 27 "officially recognized" a Canadian value, namely multiculturalism. Background and drafting In Canada, multicultural policy had been adopted in 1971 following the Royal Commission on Bilingualism and Biculturalism, a government body set up in response to the grievances of Canada's French-speaking minority (concentrated in the province of Quebec). The report of the Commission advocated that the Canadian government should recognize Canada as a bilingual and bicultural society and adopt policies to preserve this character. Bicultural was opposed by non-French ethnic minorities communities, particularly the large Ukrainian Canadian and other European communities. In 1973 the governm ...
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Quebec Sovereignty Movement
The Quebec sovereignty movement (french: Mouvement souverainiste du Québec) is a political movement whose objective is to achieve the sovereignty of Quebec, a province of Canada since 1867, including in all matters related to any provision of Quebec's public order that is applicable on its territory. Sovereignists suggest that the people of Quebec make use of their right to self-determination – a principle that includes the possibility of choosing between integration with a third state, political association with another state or independence – so that Quebecois, collectively and by democratic means, give themselves a sovereign state with its own independent constitution. Quebec sovereigntists believe that such a sovereign state, the Quebec nation, will be better equipped to promote its own economic, social, ecological and cultural development. Quebec's sovereignist movement is based on Quebec nationalism. Overview Ultimately, the goal of Quebec's sovereignist movement ...
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United States Bill Of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215). Largely because of the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out by anti-feder ...
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Declaration Of The Rights Of Man And Of The Citizen
The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolution. Inspired by Enlightenment philosophers, the Declaration was a core statement of the values of the French Revolution and had a major impact on the development of popular conceptions of individual liberty and democracy in Europe and worldwide. The Declaration was originally drafted by the Marquis de Lafayette, but the majority of the final draft came from the Abbé Sieyès. Influenced by the doctrine of natural right, the rights of man are held to be universal: valid at all times and in every place. It became the basis for a nation of free individuals protected equally by the law. It is included in the beginning of the constitutions of both the Fourth French Republic (1946) and Fifth Republic (1958), and is considered valid as const ...
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Canadian Nationalism
Canadian nationalism seeks to promote the unity, independence, and well-being of Canada and the Canadian people. Canadian nationalism has been a significant political force since the 19th century and has typically manifested itself as seeking to advance Canada's independence from influence of the United Kingdom and the United States. Since the 1960s, most proponents of Canadian nationalism have advocated a civic nationalism due to Canada's cultural diversity that specifically has sought to equalize citizenship, especially for Quebec, Québécois and French-speaking Canadians, who historically faced cultural and economic discrimination and assimilationist pressure from English Canadian-dominated governments. Canadian nationalism became an important issue during the 1988 Canadian general election that focused on the then-proposed Canada–United States Free Trade Agreement, with Canadian nationalists opposing the agreement – saying that the agreement would lead to inevitable comp ...
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