Section 2 Of The Canadian Charter Of Rights And Freedoms
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Section 2 Of The Canadian Charter Of Rights And Freedoms
Section 2 of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") is the section of the Constitution of Canada that lists what the ''Charter'' calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association. Section 1 of the ''Charter'' permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2. Additionally, these freedoms can be temporarily invalidated by section 33, the "notwithstanding clause", of the ''Charter''. As a part of the ''Charter'' and of the larger ''Constitution Act, 1982'', section 2 took legal e ...
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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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Roman Catholic
Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a letter in the New Testament of the Christian Bible Roman or Romans may also refer to: Arts and entertainment Music * Romans (band), a Japanese pop group * ''Roman'' (album), by Sound Horizon, 2006 * ''Roman'' (EP), by Teen Top, 2011 *" Roman (My Dear Boy)", a 2004 single by Morning Musume Film and television * Film Roman, an American animation studio * ''Roman'' (film), a 2006 American suspense-horror film * ''Romans'' (2013 film), an Indian Malayalam comedy film * ''Romans'' (2017 film), a British drama film * ''The Romans'' (''Doctor Who''), a serial in British TV series People *Roman (given name), a given name, including a list of people and fictional characters *Roman (surname), including a list of people named Roman or Romans *Ῥωμ ...
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Kirpan
The kirpan is a curved, single-edged dagger or knife carried by Sikhs. Traditionally, it was a full-sized sword but modern Sikhs have reduced the length to that of a dagger or knife due to modern considerations based on societal and legal changes since then. It is part of a religious commandment given by Guru Gobind Singh in 1699, in which he gave an option to the Sikhs, if they accepted they must wear the five articles of faith (the five Ks) at all times, the kirpan being one of five Ks. The Punjabi word ਕਿਰਪਾਨ, kirpān, has a folk etymology with two roots: ''kirpa'', meaning "mercy", "grace", "compassion" or "kindness"; and ''aanaa'', meaning "honor", "grace" or "dignity". It is derived from or related to Sanskrit कृपाण (kṛpaṇa, “sword, dagger, sacrificial knife”), ultimately from the Proto-Indo-European stem *kerp-, from *(s)ker, meaning "to cut". Sikhs are expected to embody the qualities of a ''Sant Sipahi'' or "saint-soldier", showing no fe ...
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Sikh
Sikhs ( or ; pa, ਸਿੱਖ, ' ) are people who adhere to Sikhism, Sikhism (Sikhi), a Monotheism, monotheistic religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Guru Nanak. The term ''Sikh'' has its origin in the word ' (), meaning 'disciple' or 'student'. Male Sikhs generally have ''Singh'' ('lion'/'tiger') as their last name, though not all Singhs are necessarily Sikhs; likewise, female Sikhs have ''Kaur'' ('princess') as their last name. These unique last names were given by the Gurus to allow Sikhs to stand out and also as an act of defiance to India's caste system, which the Gurus were always against. Sikhs strongly believe in the idea of "Sarbat Da Bhala" - "Welfare of all" and are often seen on the frontline to provide humanitarian aid across the world. Sikhs who have undergone the ''Amrit Sanchar'' ('baptism by Khanda (Sikh symbol), Khanda'), an initiation ceremony, are from the day of thei ...
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Multani V Commission Scolaire Marguerite‑Bourgeoys
''Multani v Commission scolaire Marguerite‑Bourgeoys'', 0061 S.C.R. 256, 2006 SCC 6 is a decision by the Supreme Court of Canada in which the Court struck down an order of a Quebec school authority, that prohibited a Sikh child from wearing a kirpan to school, as a violation of freedom of religion under section 2(a) of the ''Canadian Charter of Rights and Freedoms''. This order could not be saved under section 1 of the ''Charter''. The case involved a 13-year-old Sikh named Gurbaj Singh, who in November 2001 dropped a metal kirpan at his school, École Sainte‑Catherine‑Labouré. This prompted the school board to request certain limits on the wearing of the kirpan, including that it be covered at all times. The Sikh family accepted this request. However, another board, in February 2002, overrode the school board, deciding that the kirpan was a weapon and thus was not allowed under the code of conduct. The council of commissioners agreed with the latter decision, althoug ...
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Quebec Charter Of Human Rights And Freedoms
The ''Charter of Human Rights and Freedoms'' (french: Charte des droits et libertés de la personne), also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe, coming into effect on June 28, 1976. Introduced by the Liberal government of Robert Bourassa, the Charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson. The Charter recognizes that every person on the territory of Quebec is equal in value and in dignity. Since the Charter aims to guarantee human rights and to harmonize the relations between citizens, and between citizens and institutions, the Charter binds the state (legislature, executive, administrative) and applies to private law relations (between persons). The Charter also establishes the '' Commission des droits de la personne et des droits de la jeunesse ...
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Syndicat Northcrest V Amselem
''Syndicat Northcrest v Amselem'' 0042 S.C.R. 551 was a decision of the Supreme Court of Canada that attempted to define freedom of religion under the Quebec Charter of Human Rights and Freedoms and section 2 of the Canadian Charter of Rights and Freedoms. Although the Supreme Court split on their definition, the majority advocated tolerating a practice where the individual sincerely feels it is connected to religion, regardless of whether the practice is required by a religious authority. Background The case arose after Moïse Amselem, his youngest son David, and René Elhadad, in Montreal erected sukkahs on their balconies in a residential building which they owned. Sukkahs are small dwellings in which Jews live during Sukkot, a Jewish holiday, in accordance with the Hebrew Bible. However, those who managed the buildings, Syndicat Northcrest, claimed the sukkahs violated by-laws forbidding structures to be built on the balconies. The Orthodox Jews had not seen this requirement ...
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R V Big M Drug Mart Ltd
''R v Big M Drug Mart Ltd'' ''(Her Majesty The Queen in Right of Canada v Big M Drug Mart Ltd)'' is a landmark decision by Supreme Court of Canada where the Court struck down the federal ''Lord's Day Act'' for violating section 2 of the ''Canadian Charter of Rights and Freedoms''. This case had many firsts in constitutional law including being the first to interpret section 2. Background On Sunday, May 30, 1982, the Calgary store Big M Drug Mart was charged with unlawfully carrying on the sale of goods on a Sunday contrary to the ''Lord's Day Act'' of 1906. At trial the store was acquitted and an appeal was dismissed by the Alberta Court of Appeal. The constitutional question put before the Court was whether the Act infringed the right to freedom of conscience and religion, if so, whether it is justified under section 1 of the ''Charter'', and whether the Act was ''intra vires'' ("within") Parliament's criminal power under section 91(27) of the ''Constitution Act, 1867''. ...
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Sabbath In Christianity
Sabbath in Christianity is the inclusion in Christianity of a Sabbath, a day set aside for rest and worship, a practice that was mandated for the Israelites in the Ten Commandments in line with God's blessing of the seventh day (Saturday) making it holy, "because on it God rested from all his work that he had done in creation". The practice was associated with the assembly of the people to worship in synagogues on the day known as Shabbat. Early Christians, at first mainly Jewish, observed the seventh-day Sabbath with prayer and rest, but gathered on the seventh day, Saturday, reckoned in Jewish tradition as beginning, like the other days, at sunset on what would now be considered the Friday evening. At the beginning of the second century Ignatius of Antioch approved non-observance of the Sabbath. The now majority practice of Christians is to observe Sunday, called the Lord's Day, rather than the Jewish seventh-day Sabbath as a day of rest and worship. Possibly because of a movemen ...
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Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ...
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Jehovah's Witnesses
Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The group reports a worldwide membership of approximately 8.7 million adherents involved in evangelism and an annual Memorial attendance of over 21 million. Jehovah's Witnesses are directed by the Governing Body of Jehovah's Witnesses, a group of elders in Warwick, New York, United States, which establishes all doctrines based on its interpretations of the Bible. They believe that the destruction of the present world system at Armageddon is imminent, and that the establishment of God's kingdom over the earth is the only solution for all problems faced by humanity. The group emerged from the Bible Student movement founded in the late 1870s by Charles Taze Russell, who also co-founded Zion's Watch Tower Tract Society in 1881 to organize and print the movement's publications. A leadership dispute after Russell's death resul ...
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Guibord Case
''Brown v Les Curé et Marguilliers de l'Œuvre et Fabrique de Notre Dame de Montréal'', better known as the ''Guibord case'', was a decision in 1874 by the Judicial Committee of the Privy Council in an early Canadian legal dispute over the relationship between church and state. The question was whether the church officials of the Parish of Montréal could refuse to bury a deceased member of the Church because of his political beliefs. Joseph Guibord had been a member of the Institut Canadien de Montréal, an association dedicated to the principles of liberalism. The Institut was at odds with the Roman Catholic church, at that time very powerful in Quebec and very conservative. When he died, the church officials of the Parish of Montréal refused to allow his widow, Henriette Brown, to have his remains buried in the section of the Côte des Neiges Cemetery reserved for Roman Catholics. Brown brought a petition in the Quebec courts to require the church officials to allow he ...
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