Search results
Results from the WOW.Com Content Network
The decision arises from two separate claims by individuals for discrimination under the Quebec Charter of Human Rights and Freedoms. Réjeanne Mercier was refused employment with the city of Montreal as a Gardener-horticulturalist on the grounds that her medical condition involving chronic back pains would be too costly and would interfere ...
The Melbourne Magistrates' Court.In Victoria, Australia, all summary offences are heard in the Magistrates' Court. A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, [1] [2] [3] without the right to a jury trial and/or indictment (required for an indictable offence).
In the case of duress the Supreme Court of Canada struck down the statutory provision as violative of s. 7 of the Charter, leaving the broader common law defence instead. Statutory encroachments on the scope of common law defences can violate s. 7 of the Charter if they unacceptably reduce the fault requirement of offences.
Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices. Understanding the background of the cases, the reasoning and the authorship can be important and insightful, as each judge may have varying beliefs in legal theory and interpretation.
Seneca College v Bhadauria, [1981] 2 SCR 181 is a leading decision of the Supreme Court of Canada on civil rights and tort law. The Court ruled that there can be no common law tort of discrimination .
This right has generated some case law, as courts have struck down reverse onus clauses as violating the presumption of innocence. This first occurred in R. v. Oakes (1986) in respect to the Narcotics Control Act. This was also the case in which the Court developed the primary test for measuring rights limitations under section 1 of the Charter ...
The Canadian Human Rights Tribunal (French: Tribunal canadien des droits de la personne) is an administrative tribunal established in 1977 through the Canadian Human Rights Act. It is directly funded by the Parliament of Canada and is independent of the Canadian Human Rights Commission which refers cases to it for adjudication under the act.
Printed copies of the Canadian Charter of Rights and Freedoms. The Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. [19] The Charter guarantees political, mobility, and equality rights and fundamental freedoms such as freedom of expression, freedom of assembly and freedom of religion for private individuals and some organisations. [20]