Search results
Results from the WOW.Com Content Network
The Canadian Charter of Rights and Freedoms (French: Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982.
No formal right to vote existed in Canada before the adoption of the Charter.There was no such right, for example, in the Canadian Bill of Rights.Indeed, in the case Cunningham v Homma (1903), it was found that the government could legally deny the vote to Japanese Canadians and Chinese Canadians (although both groups would go on to achieve the franchise before section 3 came into force).
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 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 ]
These include natural justice and since the 1985 Supreme Court decision Re BC Motor Vehicle Act they also include substantive guarantees, including rights guaranteed by the other legal rights in the Charter (i.e., rights against unreasonable search and seizure, guaranteed under section 8, and against cruel and unusual punishments, under section ...
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.
This contrasts with implied mobility rights under the Constitution Act, 1867. Section 6 also grants Canadians economic rights, but only insofar as one has equal rights to pursue work. The safeguards against discrimination in subsection 6(3) shows mobility rights are "largely predicated on the right to equal treatment."
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 ...