Sentences with phrase «claim equality under the law»

Not exact matches

To do this, the Court of Appeal applied Law v. Canada (Minister of Employment and Immigration), [1999] 1 S. C. R. 497, which is a leading Supreme Court of Canada decision that created the Law test for establishing equality right claims under section 15 of the Charter.
Finally, respect for human rights obligations, especially the right of indigenous communities «to practice and revitalise their cultural traditions and customs» [74] and to equality before the law, including in the enjoyment of the right to equal treatment before the tribunals and all other organs administering justice [75], calls for the development of principles which address the unique evidentiary issues involved in native title litigation, including the reality of claims based substantially upon orally - transmitted traditions, the lack of written records of indigenous laws and customs, the «unsceptical» receipt of uncorroborated historical evidence incapable of being tested under cross-examination, and the epistemological, ideological and cultural limitations of historical assessments of traditional laws and customs by non-indigenous commentators.
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