O'Donohue V. Canada, 2003
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O'Donohue V. Canada, 2003
''O'Donohue v Canada'' was a legal challenge to the exclusion of Roman Catholics from the throne of Canada. The applicant sought a declaratory judgment that certain provisions of the Act of Settlement 1701 violate the equality-rights section of the ''Canadian Charter of Rights and Freedoms''. In 2003 the Ontario Superior Court of Justice dismissed the case, finding the matter non-justiciable. In 2005 that decision was upheld on appeal. The application was brought by Tony O'Donohue, a civil engineer, former Toronto City Councillor, a founding member of Republic Now, and, at the time, a member of Citizens for a Canadian Republic, after over two decades of pursuing reform of the succession by constitutional amendment. At the time of the legal challenge, Canada's head of state was Elizabeth II, Queen of Canada, a legally distinct position from the Queen of the United Kingdom, though embodied in the same person. As a sovereign nation, Canada is free to alter its own laws, but its co ...
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Roman Catholic
The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institutions and has played a prominent role in the history and development of Western civilization. O'Collins, p. v (preface). The church consists of 24 ''sui iuris'' (autonomous) churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies around the world, each overseen by one or more bishops. The pope, who is the bishop of Rome, is the chief pastor of the church. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is the one, holy, catholic and apostolic church founded by Jesus Christ in his Great Commission, that its bishops are the successors of Christ's apostles, and that the pope is the successor of Saint Peter, upo ...
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Constitution Of Canada
The Constitution of 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. The Constitution of Canada comprises core written documents and provisions that are constitutionally entrenched, take precedence over all other laws and place substantive limits on government action; these include the ''Constitution Act, 1867'' (formerly the ''British North America Act, 1867)'' and the ''Canadian Charter of Rights and Freedoms.''Monahan, Patrick J.; Shaw, Byron; Ryan, Padraic (2017). ''Constitutional Law'' (5th ed.). Toronto, ON: Irwin Law Inc. pp.3-9. The ''Constitution Act'', ''1867'' provides for a constitution ...
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