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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 ...
The trial judge, Justice Quigley, ruled against him. He held that the offence did not infringe freedom of expression, as the promotion of hatred was not the kind of expression that section 2 was designed to protect. In the alternative, if he was wrong on that point, he concluded that the infringement was justified under section 1 of the Charter ...
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
R v Keegstra, [1990] 3 SCR 697 is a freedom of expression decision of the Supreme Court of Canada where the court upheld the Criminal Code provision prohibiting the wilful promotion of hatred against an identifiable group as constitutional under the freedom of expression provision in section 2(b) of the Canadian Charter of Rights and Freedoms.
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 ...
Robert George Brian Dickson PC CC CD (May 25, 1916 – October 17, 1998) was a Canadian lawyer, military officer and judge who served as the 15th chief justice of Canada from 1984 to 1990 and as a puisne justice of the Supreme Court of Canada from 1973 to 1984. He retired on June 30, 1990.
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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.