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Although they believe in the validity of the living tree doctrine, which is the basis for the approach (and the tradition term for generous interpretations of the Canadian Constitution), they argue Charter case law has been more radical. When the living tree doctrine is applied correctly, Morton and Knopff (2000) claim, "the elm remained an elm ...
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 ...
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 ...
Section 27 of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the section 25 to section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the courts.
Section Thirty-five of the Constitution Act, 1982, which affirms Aboriginal and treaty rights, is technically not part of the Charter and therefore is not subject to section 1. However, in R v Sparrow the Court developed a test to limit section 35 that Hogg has compared to the section 1 Oakes test. [ 15 ]
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)
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.