Sentences with phrase «discrimination under the charter»

ABlawg.ca The Supreme Court's Other Opportunity to Revisit Adverse Effects Discrimination under the Charter: Taypotat v Taypotat

Not exact matches

Mr. Lopez has defended numerous school districts, charter schools, other governmental entities and private employers from claims under state and federal constitutional claims, Title VII, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Americans with Disabilities Act, the Texas Commission on Human Rights Act, workers» compensation retaliation, the Texas Whistleblower Act and state law tort claims.

Students walked out, and PULSE filed a Title VI discrimination complaint with the department of Justice — a complaint that was investigated and led to a brokered settlement in 2015 under which Newark Public Schools agreed to repair the harm caused to students as a result of the school closures and charter conversions.

This reasoning has enabled Canadians who are members of sexual minorities to fight against discrimination and to have sexual orientation recognized as an analogous ground under s. 15 of the Charter.

The Court further held that the government had not justified the discrimination under s. 1 of the Charter.

Because the application was a challenge to legislation, the HRTO applied the two - step discrimination analysis under s. 15 of the Canadian Charter of Rights and Freedoms, as articulated by the Supreme Court in R. v. Kapp:

Under Quebec's Charter of human rights and freedoms (the «Charter»), similar to the Canadian Charter of Rights and Freedoms, Mr. Latif was required to demonstrate prove three things in order to establish prima facie discrimination by Bombardier:

Equality and Human Rights — The Charter of Rights and Freedoms guarantees equal benefit and protection under the law and the Canadian Human Rights Act prohibits discrimination based upon physical or mental disability.

We will argue that individuals who go to the Human Rights Tribunal of Ontario because of discrimination they've faced under a government policy should be granted damages for the harms they suffer, regardless of whether damages would have been granted under the Charter.

Rather unsurprisingly, the CJEU also dismisses the argument that discrimination on the ground of obesity is prohibited under Article 21 of the Charter of Fundamental Rights of the European Union (EU Charter), which establishes that «discrimination based on any ground such as -LRB-...) disability» is prohibited.

CCD / CACL agree with McLaughlin J. (as she then was) when she stated,»... I am of the view that this is not at base a case about discrimination under s. 15 of the Canadian Charter of Rights and Freedom, and that to treat it as such may deflect the equality jurisprudence from the true focus of s. 15....

The Supreme Court of Canada has held that sexual orientation is an analogous ground of discrimination under the equality rights provision of the Canadian Charter of Rights and Freedoms.

Therefore, discrimination on the basis of sexual orientation was prohibited under the Charter.

She found that «unknowable paternity» was what was preventing Dr. Gehl from registration as an Indian, and this was not a ground of discrimination under s. 15 of the Charter.

However, one of the five judges who found that the definition was discriminatory also held that the discrimination could be justified as a reasonable limit under s. 1 of the Charter.

Four of those five judges held that the discrimination could not be saved under s. 1 of the Charter and would have granted the appeal.

As such, and bearing in mind that «Not every difference in treatment... constitutes «discrimination» under the Charter», the Court found no reasonable claim under s. 15.

The context of this case and the fact racial profiling is recognized as a prohibited form of discrimination does not change the two - step process that applies in the context of a complaint under the Québec Charter.

Manner of conception an analogous ground of discrimination under equality provision of the Charter

The Ontario Court of Appeal had to confirm the legal tests used by the Social Benefits Tribunal for establishing what constitutes discrimination under human rights law, not section 15 of the Charter of Rights and Freedoms.

In one respect, the judgment of the Quebec Court of Appeal (COA) is consistent with Miron v. Trudel (1995) in which the SCC held that exclusion of common - law spouses from automobile insurance benefits constituted discrimination on the grounds of marital status under s. 15 Charter equality provisions.

The purpose of this Act is to establish measures for preventing and combatting hate speech and speech inciting violence... that are engaged in or disseminated publicly and that target a group of people sharing a characteristic identified as prohibited grounds for discrimination under section 10 of the Charter of human rights and freedoms (chapter C - 12).»

The majority's decision gave considerable weight to those claims, but emphasized that there is no hierarchy of rights under the Charter, such that the those claims must be balanced against the co-equal claims to religious freedom (and freedom from discrimination on the basis of religion).

Apart from being unreasonable because it isn't linked to actual discrimination by TWU grads (which discrimination might justify the need for protection) it also fails to give weight to the charter values of religious freedom and freedom of association reflected in sections 2 and 15 (1) of the Charter, to say nothing of the provincial protections afforded to TWU's conduct under section 41 of the BC human rights code (and similar provisions in other provcharter values of religious freedom and freedom of association reflected in sections 2 and 15 (1) of the Charter, to say nothing of the provincial protections afforded to TWU's conduct under section 41 of the BC human rights code (and similar provisions in other provCharter, to say nothing of the provincial protections afforded to TWU's conduct under section 41 of the BC human rights code (and similar provisions in other provinces).

Anonymous Lawyer: «When the BC Law Society accredited TWU, it was in essence an endorsement of the discriminatory practices this private entity engages in and sent a message to the public that discrimination against gay people was ok, even though they are protected under the Charter and even though same - sex marriages are legally recognized.

The Casebook also includes court decisions from Canada: Haig v. Canada (1992)(omission of sexual orientation in the Canadian Human Rights Act is discriminatory); Egan v. Canada (1995)(whether exclusion of same - sex relationships from the definition of common law spouse violated the Canadian Charter of Rights and Freedoms Section 15 prohibition of discrimination on the basis of sexual orientation); Vriend v. Alberta (1998)(college laboratory instructor dismissed because of his homosexuality); Hall v. Powers (2002)(student refused permission to attend a prom at a Catholic high school with his boyfriend); Halpern et al. v. Attorney General of Canada (2003)(whether denial of marriage licenses to same - sex couples based on the common law definition of marriage was discriminatory under the Charter; a postscript indicates that the 2005 Civil Marriage Act provided for gender - neutral definition of marriage).

The union argued that Caron's injury amounted to a disability protected from discrimination under section 10 of the Charter and the employer failed in its duty to accommodate Caron to the point of undue hardship by not enabling his return to work in a suitable position.

Indeed, to the extent that there is a difference between the conduct of TWU and the discrimination permitted under section 15 (2), it is that the Charter merely PERMITS the latter, but PROTECTS the former.

«What's not in the judgment is my concern: a comedian comes under attack, claims protection under the Charter of Rights, and there's no adjudication on whether this is protected speech or whether discrimination is a reasonable limit on the expression of a comedian on stage,» Millar said in an interview.

From a legal perspective racial discrimination is prohibited under the Charter of Rights and Freedoms, the Canadian Human Rights Act, and provincial and territorial legislation.

Moreover, the Court of Appeal held that the quasi-constitutional right to accommodation in the workplace, pertaining to an enumerated ground of discrimination under section 10 of the Charter, such as a disability, constitutes a preeminent standard that transcends the law, employment contracts and collective agreements.

This is all a very different type of discrimination that is allowed, and even encouraged, under s. 15 (2) of the Charter.

The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

«The filling of this position is intended to constitute a special / equal opportunity measure under section 8 (1) of the Racial Discrimination Act 1975 (Cth), and [select appropriate jurisdiction / s from: s 27 of the Discrimination Act 1991 (ACT) / s 57 of the Anti-Discrimination Act 1996 (NT) / s 105 of the Anti-Discrimination Act 1991 (Qld) / s 65 of the Equal Opportunity Act 1984 (SA) / ss 25 and / or 26 of the Anti-Discrimination Act 1998 (Tas) / s 12 of the Equal Opportunity Act 2010 (Vic) and s 8 (4) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) / s 51 of the Equal Opportunity Act 1984 (WA)-RSB-.