Victoria Charter
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Victoria Charter
The Victoria Charter was a set of proposed amendments to the Constitution of Canada in 1971. This document represented a failed attempt on the part of Prime Minister Pierre Trudeau to patriate the Constitution, add a bill of rights to it and entrench English and French as Canada's official languages; he later succeeded in all these objectives in 1982 with the enactment of the '' Constitution Act, 1982''. Content The Charter would have also terminated the powers of disallowance and reservation, which remain in the Constitution. There was also a bill of rights and a new amending formula. Bill of rights The Victoria Charter began with the title "Part I – Political Rights", which contained nine "articles." This bill of rights, however, was not as elaborate as Canada's current constitutional bill of rights, the ''Canadian Charter of Rights and Freedoms''. The first article "declared" the existence of freedom of expression and freedom of religion, and like the 1960 ''Canadian Bil ...
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Constitution Of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the ''Constitution Act, 1982'', the Canadian Constitution consists of the ''Canada Act 1982'' (which includes the ''Constitution Act, 1982''), acts and orders referred to in its schedule (including in particular the ''Constitution Act, 1867'', formerly the ''British North America Act, 1867''), and any amendments to these documents. The Supreme Court of Canada has held that the list is not exhaustive and also includes a number of pre-confederation acts and unwritten components ...
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Section One Of The Canadian Charter Of Rights And Freedoms
Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's ''Charter'' rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in ''R v Sharpe''), hate speech (e.g., in ''R v Keegstra''), and obscenity (e.g., in ''R v Butler''). When the government has limited an individual's right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was ''prescribed by law'' namely, that the law is attuned to the values of ''accessibility'' and ''intelligibility''; and secondly, that it is ''justified in a free and democratic society'', which means that it must have a justifiable purpose and must be proportional. Text Und ...
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Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the Parliament of the United Kingdom, British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control ove ...
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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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Court System Of Canada
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial. The Constitution of Canada gives the federal government the exclusive right to legislate criminal law, while the provinces have exclusive control over much of civil law. The provinces have jurisdiction over the Administration of Justice in their territory. Almost all cases, whether criminal or civil, are heard in provincially or territorially established courts. The quite small system of federal courts only hears cases concerned with matters which are under exclusive federal control, such as federal taxation, federal administrative agencies, intellectual property, some portions of competition law and certain aspects of national security. The federal courts also have jurisd ...
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Newfoundland And Labrador
Newfoundland and Labrador (; french: Terre-Neuve-et-Labrador; frequently abbreviated as NL) is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region of Labrador, having a total size of 405,212 square kilometres (156,500 sq mi). In 2021, the population of Newfoundland and Labrador was estimated to be 521,758. The island of Newfoundland (and its smaller neighbouring islands) is home to around 94 per cent of the province's population, with more than half residing in the Avalon Peninsula. Labrador borders the province of Quebec, and the French overseas collectivity of Saint Pierre and Miquelon lies about 20 km west of the Burin Peninsula. According to the 2016 census, 97.0 per cent of residents reported English as their native language, making Newfoundland and Labrador Canada's most linguistically homogeneous province. A majority of the population is descended from English and Irish s ...
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Prince Edward Island
Prince Edward Island (PEI; ) is one of the thirteen Provinces and territories of Canada, provinces and territories of Canada. It is the smallest province in terms of land area and population, but the most densely populated. The island has several nicknames: "Garden of the Gulf", "Birthplace of Confederation" and "Cradle of Confederation". Its capital and largest city is Charlottetown. It is one of the three Maritime provinces and one of the four Atlantic provinces. Part of the traditional lands of the Miꞌkmaq, it was colonized by the French in 1604 as part of the colony of Acadia. The island was ceded to the British at the conclusion of the French and Indian War in 1763 and became part of the colony of Nova Scotia, and in 1769 the island became its own British colony. Prince Edward Island hosted the Charlottetown Conference in 1864 to discuss a Maritime Union, union of the Maritime provinces; however, the conference became the first in a series of meetings which led to Canadi ...
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Manitoba
Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population of 1,342,153 as of 2021, of widely varied landscape, from arctic tundra and the Hudson Bay coastline in the Northern Region, Manitoba, north to dense Boreal forest of Canada, boreal forest, large freshwater List of lakes of Manitoba, lakes, and prairie grassland in the central and Southern Manitoba, southern regions. Indigenous peoples in Canada, Indigenous peoples have inhabited what is now Manitoba for thousands of years. In the early 17th century, British and French North American fur trade, fur traders began arriving in the area and establishing settlements. The Kingdom of England secured control of the region in 1673 and created a territory named Rupert's Land, which was placed under the administration of the Hudson's Bay Company. Rupe ...
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New Brunswick
New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and French as its official languages. New Brunswick is bordered by Quebec to the north, Nova Scotia to the east, the Gulf of Saint Lawrence to the northeast, the Bay of Fundy to the southeast, and the U.S. state of Maine to the west. New Brunswick is about 83% forested and its northern half is occupied by the Appalachians. The province's climate is continental with snowy winters and temperate summers. New Brunswick has a surface area of and 775,610 inhabitants (2021 census). Atypically for Canada, only about half of the population lives in urban areas. New Brunswick's largest cities are Moncton and Saint John, while its capital is Fredericton. In 1969, New Brunswick passed the Official Languages Act which began recognizing French as an ...
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Nova Scotia
Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native English-speakers, and the province's population is 969,383 according to the 2021 Census. It is the most populous of Canada's Atlantic provinces. It is the country's second-most densely populated province and second-smallest province by area, both after Prince Edward Island. Its area of includes Cape Breton Island and 3,800 other coastal islands. The Nova Scotia peninsula is connected to the rest of North America by the Isthmus of Chignecto, on which the province's land border with New Brunswick is located. The province borders the Bay of Fundy and Gulf of Maine to the west and the Atlantic Ocean to the south and east, and is separated from Prince Edward Island and the island of Newfoundland by the Northumberland and Cabot straits, ...
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Quebec
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 b ...
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Ontario
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Canada, it is Canada's most populous province, with 38.3 percent of the country's population, and is the second-largest province by total area (after Quebec). Ontario is Canada's fourth-largest jurisdiction in total area when the territories of the Northwest Territories and Nunavut are included. It is home to the nation's capital city, Ottawa, and the nation's most populous city, Toronto, which is Ontario's provincial capital. Ontario is bordered by the province of Manitoba to the west, Hudson Bay and James Bay to the north, and Quebec to the east and northeast, and to the south by the U.S. states of (from west to east) Minnesota, Michigan, Ohio, Pennsylvania, and New York. Almost all of Ontario's border with the United States f ...
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