Smith V Knights Of Columbus
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Smith V Knights Of Columbus
''Smith v Knights of Columbus'' was a Canadian human rights case which upheld the right of a Christian group to ban celebrations of same sex marriages in their rental facility. The case was decided by the British Columbia Human Rights Tribunal on November 29, 2005 and is cited as 2005 BCHRT 544. Background Tracy Smith and Deborah Chymyshyn, two lesbians, intended on renting a hall from a male Catholic organization called the Knights of Columbus. After being banned from renting the hall, the couple filed a complaint with the B.C. Humans Rights Tribunal alleging they had been discriminated against according to s. 8 of the Human Rights Code. The complainants argued that while churches may have the right to ban same sex marriages, they should not also have the right to ban celebrations of same sex marriages in property that they own. The respondents to the complaint argued they have a bona fide reason to discriminate because they are practicing Catholics firmly opposed to same sex ...
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Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ...
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Christians
Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χριστός), a translation of the Biblical Hebrew term ''mashiach'' (מָשִׁיחַ) (usually rendered as ''messiah'' in English). While there are diverse interpretations of Christianity which sometimes conflict, they are united in believing that Jesus has a unique significance. The term ''Christian'' used as an adjective is descriptive of anything associated with Christianity or Christian churches, or in a proverbial sense "all that is noble, and good, and Christ-like." It does not have a meaning of 'of Christ' or 'related or pertaining to Christ'. According to a 2011 Pew Research Center survey, there were 2.2 billion Christians around the world in 2010, up from about 600 million in 1910. Today, about 37% of all Christians live in the Am ...
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Same Sex Marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting some 1.35 billion people (17% of the world's population). In Andorra, a law allowing same-sex marriage will come into force on 17 February 2023. Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. In contrast, 34 countries (as of 2021) have definitions of marriage in their constitutions that prevent marriage between couples of the same sex, most enacted in recent decades as a preventative measure. Some other countries have constitutionally mandated Islamic law, which is generally interpreted as prohibiting marriage between same-sex couples. In six of the former and most of the latter, homosexuality itself is criminalized. There are recor ...
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British Columbia Human Rights Tribunal
The British Columbia Human Rights Tribunal is a quasi-judicial human rights body in British Columbia, Canada. It was established under British Columbia's ''Human Rights Code''. It is responsible for "accepting, screening, mediating and adjudicating human rights complaints." History Responsibility for the province's ''Human Rights Code'' was originally divided between the BC Human Rights Commission, which was responsible for investigation and compliance, and the Tribunal, which was solely an adjudicative body. In 2003, the government of Gordon Campbell abolished the Commission as well as the BC Human Rights Advisory Council as a cost-saving measure while expanding the responsibilities of the Tribunal. In 2018, however, changes to the ''Human Rights Code'' re-established British Columbia's Human Rights Commissioner, this time as an independent officer of the Legislature, to address issues of systemic discrimination, including by intervening in Tribunal proceedings. Notable ca ...
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Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ...
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Lesbians
A lesbian is a homosexual woman.Zimmerman, p. 453. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate nouns with female homosexuality or same-sex attraction. The concept of "lesbian" to differentiate women with a shared sexual orientation evolved in the 20th century. Throughout history, women have not had the same freedom or independence as men to pursue homosexual relationships, but neither have they met the same harsh punishment as homosexual men in some societies. Instead, lesbian relationships have often been regarded as harmless, unless a participant attempts to assert privileges traditionally enjoyed by men. As a result, little in history was documented to give an accurate description of how female homosexuality was expressed. When early sexologists in the late 19th century began to categorize and describe homosexual behavior, hampered by a lack ...
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Knights Of Columbus
The Knights of Columbus (K of C) is a global Catholic fraternal service order founded by Michael J. McGivney on March 29, 1882. Membership is limited to practicing Catholic men. It is led by Patrick E. Kelly, the order's 14th Supreme Knight. The organization was founded in March 1882 as a mutual benefit society for working-class and immigrant Catholics in the United States. In addition to providing an insurance system for its members, its charter states that it endeavors "to promote such social and intellectual intercourse among its members as shall be desirable and proper". It has grown to support refugee relief, Catholic education, local parishes and dioceses, and global Catholic social and political causes. The Knights promote the Catholic view on public policy issues, including opposition to same-sex marriage and abortion. The organization also provides certain financial services to the individual and institutional Catholic market. Its wholly owned insurance company, o ...
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Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ...
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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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Masterpiece Cakeshop V
A masterpiece, ''magnum opus'' (), or ''chef-d’œuvre'' (; ; ) in modern use is a creation that has been given much critical praise, especially one that is considered the greatest work of a person's career or a work of outstanding creativity, skill, profundity, or workmanship. Historically, a "masterpiece" was a work of a very high standard produced to obtain membership of a guild or academy in various areas of the visual arts and crafts. Etymology The form ''masterstik'' is recorded in English or Scots in a set of Aberdeen guild regulations dated to 1579, whereas "masterpiece" is first found in 1605, already outside a guild context, in a Ben Jonson play. "Masterprize" was another early variant in English. In English, the term rapidly became used in a variety of contexts for an exceptionally good piece of creative work, and was "in early use, often applied to man as the 'masterpiece' of God or Nature". History Originally, the term ''masterpiece'' referred to a piece of ...
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Canadian Charter Of Rights And Freedoms Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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2005 In Canadian Case Law
5 (five) is a number, numeral and digit. It is the natural number, and cardinal number, following 4 and preceding 6, and is a prime number. It has attained significance throughout history in part because typical humans have five digits on each hand. In mathematics 5 is the third smallest prime number, and the second super-prime. It is the first safe prime, the first good prime, the first balanced prime, and the first of three known Wilson primes. Five is the second Fermat prime and the third Mersenne prime exponent, as well as the third Catalan number, and the third Sophie Germain prime. Notably, 5 is equal to the sum of the ''only'' consecutive primes, 2 + 3, and is the only number that is part of more than one pair of twin primes, ( 3, 5) and (5, 7). It is also a sexy prime with the fifth prime number and first prime repunit, 11. Five is the third factorial prime, an alternating factorial, and an Eisenstein prime with no imaginary part and real part of the form 3p ...
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