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Author: Canada
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 0
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Book Description
Author: Canada
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 0
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Book Description
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32
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Book Description
Author: Fay Faraday
Publisher:
ISBN: 9781552211816
Category : Law
Languages : en
Pages : 527
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Book Description
Making Equality Rights Real critically assesses the state of equality jurisprudence from many angles. These 13 essays attempt to advance substantive equality as section 15 of the Charter moves into its second generation. Each of the papers in this collection aims to deepen our understandings of the dynamics of inequality and oppression.
Author: Mary C. Hurley
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Subsection 15(1) of the Canadian Charter of Rights and Freedoms provides that every individual is equal before and under the law and has the right to the equal protection of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. This paper contains a summary review of a number of principles relevant to subsection 15(1) analysis, as determined by the Supreme Court of Canada. It includes a chart setting out the basic elements of the Court's decisions in which the equality rights provision has been raised. Elements include style of cause, nature of challenge, grounds of discrimination, and result.
Author: Kenneth H. Fogarty
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 460
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Book Description
Canadian Charter with new dimensions of equality. 4. The
Author:
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ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This paper contains a summary review of a number of principles relevant to analysis of section 15 and section 1 of the Canadian Charter of Rights and Freedoms (the Charter), as determined by the Supreme Court of Canada (the Court), followed by a chart setting out basic elements of the Court's decisions in which the equality rights provision has been raised. [...] The enumerated grounds "reflect the most common and probably the most socially destructive and historically practised bases of discrimination and must ... receive particular attention." • The determination of whether a non-enumerated ground falls within the scope of section 15 requires assessment as to whether it is "analogous" to the enumerated grounds.(4) (2) Most of the appellate and other lower [...] In R. v. Turpin,(5) in particular, the Court reinforced the Andrews criterion of disadvantage for purposes of establishing a section 15 violation based on analogous grounds:(6) • The Court reiterated the importance of looking "not only at the impugned legislation which has created a distinction that violates the right to equality but also to the larger social, political and legal context.". [...] It noted that absence of historical disadvantage need not necessarily preclude a finding of discrimination, underscoring the point that "neither the presence nor absence of any of the [Law] contextual factors is dispositive of a s. 15(1) claim" or "determines the outcome of the dignity analysis."(21) The Court has also maintained its focus in post-Law decisions on the significance of the "comparat [...] The Court's rather complex discussion of the comparator group issue asserts that "[t]he appropriate comparator group is the one which mirrors the characteristics of the claimant ... relevant to the benefit or advantage sought except that the statutory definition includes a personal characteristic that is offensive to the Charter or omits a personal characteristic in a way that is offensive to the Ch.
Author: Peter W. Hogg
Publisher:
ISBN: 9780779896547
Category : Constitutional law
Languages : en
Pages :
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Author: Richard Moon
Publisher: Essentials of Canadian Law
ISBN: 9781552213643
Category : Law
Languages : en
Pages : 215
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Book Description
When the Canadian Charter of Rights and Freedoms was enacted in 1982, the first of its fundamental freedoms seemed less significant and less interesting than many of its other rights. However, the Salman Rushdie affair, the 9/11 attacks, and later the publication of the "Danish Cartoons" helped to move religion or religious difference to the forefront of public consciousness. These events seemed to confirm that religion, or at least particular religions, represented a threat to the values of liberal-democratic society. Religious freedom issues that may have been minor and easily resolved "on the ground" were increasingly seen through this lens of intractable conflict, and as opening the door to a broader threat to Western democracy. In Canada, anxiety about religion has been far less acute than in Europe or in the United States. Nevertheless, concern about the character of religion has shaped the public reaction to religious diversity and freedom. This has been most powerfully so in Quebec where, as in Europe, national identity remains a concern, and the political role of the Catholic church in the recent past has caused many to be wary of the visibility of religion in the public sphere. The book reviews the basic history of religious freedom in Canada; looks at state support for religion, including the place of religious practices and symbols in public institutions and the role of religious values in public decision making; the restriction or accommodation of religious practices by state action; religious restriction in particular contexts; state support for religious schools; freedom of religion in the context of the family, and in particular, the parent-child relationship; and freedom of conscience component of section 2(a)
Author: Mary C. Hurley
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 58
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Book Description
Subsection 15(1) of the Canadian Charter of Rights & Freedoms provides that every individual is equal before & under the law and has the right to the equal protection of the law without discrimination. This publication contains a summary review of a number of principles relevant to section 15 & subsection 1 analysis, as determined by the Supreme Court of Canada. The review refers to a number of significant cases that cover such issues as the statutory citizenship requirements for entry into the legal profession, discrimination based on age, the exclusion of certain Aboriginal groups from economic benefits, and limits to the equality rights guarantee. The final section contains a chart setting out basic elements of the Court's decisions in which the equality rights provision has been raised.
Author: Canada
Publisher: Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB)
ISBN:
Category : Law
Languages : en
Pages : 188
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Book Description
Consolidated as of April 17, 1982.
