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He succeeded in 1982 with the passage of the Canada Act 1982 in the British Parliament, which enacted the Constitution Act, 1982 as part of the Constitution of Canada. Prime Minister Pierre Trudeau was a major advocate of the Charter. The inclusion of a charter of rights in the patriation process was a much-debated issue.
Section 35 of the Constitution Act, which falls outside the Charter, does constitutionalize some aboriginal rights. As Hogg notes, this makes section 25 altogether less important than section 35, but Corbiere leaves open the possibility that rights not constitutionalized by section 35 can have some protection under section 25.
Under the heading of "Equality Rights" this section states: 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
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 ...
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)
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 ...
Subsection 24(1) must be distinguished from subsection 52(1) of the Constitution Act, 1982. Whereas section 52 allows the courts to invalidate laws or parts of laws for breaches of the constitution (including the Charter ), section 24 has broader capabilities (hindered only by the "appropriate and just" requirement) and can only be invoked when ...