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The majority proceeded to apply the BC Health Services framework to the Ontario law at issue. Regarding the legal test under section 2(d), the majority stated: "In every case, the question is whether the impugned law or state action has the effect of making it impossible to act collectively to achieve workplace goals." A law that had this ...
This argument drew from American case law, but the Supreme Court pointed out section 7 of the Charter contains individual rights, and hence there cannot be family rights. Still, mindful that there was still choices involved in the family situation, the Supreme Court split on whether liberty rights were infringed.
Citation of Canadian legislation is the system of citing Canadian statutes and regulations in court decisions, briefs of law, and articles in law journals.The purpose of a citation is to allow the reader to understand the source of the legislative principle being cited, and to find the law in question.
The Revised Statutes of Ontario (RSO; Quebec French: Lois refondues de l'Ontario, LRO) is the name of several consolidations of public acts in the Canadian province of Ontario, promulgated approximately decennially from 1877 to 1990. [1] [2]
The Ontarians with Disabilities Act is the short title of the Ontario government's Bill 125 - An Act to improve the identification, removal and prevention of barriers faced by persons with disabilities and to make related amendments to other Acts. The act received royal assent on 14 December 2001 and came into force on February 7, 2002.
The Safe Schools Act is an Ontario bill, implemented in 2000 to provide a definitive set of regulations for punishments that must be issued for students. The bill is often referred to as a zero-tolerance policy, however "the presence of mitigating factors in the Act and school board policies precludes it from being strictly defined as a zero tolerance regime". [1]
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The primary test to determine if the purpose is demonstrably justifiable in a free and democratic society is known as the Oakes test, which takes its name from the essential case R v Oakes [1986] 1 S.C.R. 103 which was written by Chief Justice Dickson. The test is applied once the claimant has proven that one of the provisions of the Charter ...