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Enacted in 1988, the act affirms that the federal government recognizes the multicultural heritage of Canada, the rights of indigenous persons, minority cultural rights, and the right to social equality within society and under the law regardless of race, colour, ancestry, national or ethnic origin, creed or religion.
In Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7, it was held as a principle of fundamental justice that the state cannot impose obligations on lawyers that undermine their duty of commitment to clients. The case arose in the content of federal money laundering legislation which required lawyers to retain ...
The preamble of the act declares that, WHEREAS the Constitution of Canada provides that every individual is equal before and under the law and has the right to the equal protection and benefit of the law without discrimination and that everyone has the freedom of conscience, religion, thought, belief, opinion, expression, peaceful assembly and association and guarantees those rights and ...
He succeeded in 1982 with the passage of the Canada Act 1982 in the British Parliament, which enacted the Constitution Act, 1982 as part of the Constitution of Canada. Prime Minister Pierre Trudeau was a major advocate of the Charter. The inclusion of a charter of rights in the patriation process was a much-debated issue.
The Act puts remedial legislation on education rights, uniform laws relating to property and civil rights (in all provinces other than Quebec), creation of a general court of appeal and other courts "for the better Administration of the Laws of Canada," and implementing obligations arising from foreign treaties, all under the purview of the ...
In Doré v Barreau du Québec (2012), the Supreme Court of Canada found that the Oakes test should not apply to administrative law decisions that impact the Charter rights of a specific individual. Instead, the decision-maker must proportionally balance between the Charter values in question and the statutory objectives.
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The Canadian Journal of Law and Society (CJLS) is a bilingual periodical publishing innovative research in the broad field of law and society scholarship.Rooted in the distinctive Canadian Law and Society movement, CJLS features international scholarship concerning the intersection of law and sociology, cultural studies, literature, political science, criminology, history, human rights, gender ...