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This does not prevent the use of broadly defined terms so long as societal objectives can be gleaned from it. (Ontario v Canadian Pacific Ltd, 1995) In R v Nova Scotia Pharmaceutical Society, for example, a statute which made it illegal to "unduly" prevent or lessen competition was upheld. Although the wording was undeniably open-ended and ...
An Act Respecting the Pension Plan of Management Personnel: Section 15 (equality rights) Renewed 4 times; set to expire in January 2025. [22] Quebec 2005 2005–2008 Act to Amend Various Legislative Provisions of a Confessional Nature in the Education Field: Section 2(a) (freedom of religion and conscience) and section 15 (equality rights)
Although they believe in the validity of the living tree doctrine, which is the basis for the approach (and the tradition term for generous interpretations of the Canadian Constitution), they argue Charter case law has been more radical. When the living tree doctrine is applied correctly, Morton and Knopff (2000) claim, "the elm remained an elm ...
Indeed, section 31 is a departure from the educational rights in the Constitution Act, 1867. Section 93(4) of that Act gives the federal Parliament the power to intervene if a provincial government fails to respect certain rights. The federal government could then pass and enforce laws that would uphold the rights. [2]
In Syndicat Northcrest v Amselem, [7] the Supreme Court drew up a definition of freedom of religion under the Quebec Charter of Human Rights and Freedoms, mindful of the overlap with section 2(a). The majority found freedom of religion encompasses a right to religious practices if the individual has a sincere belief that the practice is ...
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This contrasts with implied mobility rights under the Constitution Act, 1867. Section 6 also grants Canadians economic rights, but only insofar as one has equal rights to pursue work. The safeguards against discrimination in subsection 6(3) shows mobility rights are "largely predicated on the right to equal treatment."
Section 27 of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the section 25 to section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the courts.