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Section 25 of the Canadian Charter of Rights and Freedoms is the first section under the heading "General" in the Charter, and like other sections within the "General" sphere, it aids in the interpretation of rights elsewhere in the Charter. While section 25 is also the Charter section that deals most directly with Aboriginal peoples in Canada ...
Little Sisters Book and Art Emporium v Canada (Minister of Justice) [2000] 2 S.C.R. 1120, 2000 SCC 69 is a leading Supreme Court of Canada decision on freedom of expression and equality rights under the Canadian Charter of Rights and Freedoms.
Chief Justice McLachlin, writing for a unanimous court, holds that sections 33 and 77 to 85 of the IRPA unreasonably violates sections 7, 9 and 10 of the Canadian Charter of Rights and Freedoms. On the section 1 analysis for justification of the violation the Court held that the certificate process was not minimally impairing.
Section 25 states that the Charter does not derogate existing Aboriginal rights and freedoms. Aboriginal rights, including treaty rights, receive more direct constitutional protection under section 35 of the Constitution Act, 1982. Section 26 clarifies that other rights and freedoms in Canada are not invalidated by the Charter. Section 27
"Canadian Charter of Rights and Freedoms - Override Clauses under Section 33 - Whether Subject to Judicial Review under Section 1", (1983) 61 Canadian Bar Review 391-97 (7 pages). Note arguing that override clauses enacted under section 33 of the Constitution Act, 1982, may be subject to judicial review in certain instances.
Section 35(1) of the Constitution Act, 1982 says that "the existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed", while section 25 recognizes that rights in the Charter will not abrogate or derogate from existing or future aboriginal rights. By referencing these agreements in a ...
Possession of marijuana charter challenge R v Clay [2003] 3 S.C.R. 735, 2003 SCC 75 December 23, 2003 Possession of marijuana charter challenge (second) Canadian Foundation for Children, Youth and the Law v Canada (AG) [2004] 1 S.C.R. 76, 2004 SCC 4 January 30, 2004 Spanking allowed under charter CCH Canadian Ltd v Law Society of Upper Canada
Native Women's Assn of Canada v Canada, [1994] 3 S.C.R. 627, was a decision by the Supreme Court of Canada on section 2, section 15 and section 28 of the Canadian Charter of Rights and Freedoms, in which the Court decided against the claim that the government of Canada had an obligation to financially support an interest group in constitutional negotiations, to allow the group to speak for its ...