Sentences with phrase «guaranteed under the charter»

The starting point for an examination of police search powers in Canada is the guarantee under the Charter «to be secure against unreasonable search or seizure.»

However, the Court clarified that the guarantee under the Charter only protects a reasonable expectation of privacy.

However, many critics view section 13 as a violation of the rights to free speech and self - expression guaranteed under the Charter.

Opponents of the legislation argued that the law is an affront to the most basic rights guaranteed under the charter: freedom of religion and the freedom of association.

The importance of this right can not be underestimated or taken for granted and should be protected as all rights guaranteed under our Charter are so protected.

Not exact matches

«SERAP argues that a confession or prima facie evidence of grand corruption and the staggering effects of grand corruption fall within the Nigerians» right to know as guaranteed under the African Charter on Human and Peoples» Rights and the Freedom of Information Act.»

* A declaration that the detention of the applicant by EFCC on January 5, 2016 at an unknown location, without access to his lawyers, family and doctors, constitutes a flagrant violation of the applicant's fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12, & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.

* A declaration that the arrest of the applicant by EFCC on January 5, 2016 at his home at No. 14, Drive 1, Prince and Princess Estate, Abuja, constitutes a flagrant violation of the applicant's fundamental rights guaranteed under sections 33, 34, 35, 38, 40, 41, 42, 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 12, & 14 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.

New York City has just 28 slots left for new charters, a number that could easily drop to zero over the next year with the growth of local charters guaranteed under a state law passed earlier this year.

«He negotiated a budget deal with state lawmakers that guarantees future New York City charter schools rent - free space in under - used public school buildings or funding to offset the cost of renting a building.»

What we should have are public media which operate as such, and therefore they operate under a charter which guarantees their independence and allows them to be able to comment objectively on what is going in the society at any given time, and not necessarily act as propaganda vehicles for the party of the day.»

According to the applicant, his arrest and detention constituted a gross violation of an infringement upon his dignity, personal liberty, fair hearing and freedom of movement as enshrined and guaranteed under sections 34, 35, 36,41,46 of the constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 4,5,6 and 12 of the African Charter on Human and Peoples» Rights.

For instance, charter schools in rural areas are eligible for loan guarantees under a U.S. Department of Agriculture program.

But the Assembly Appropriations Committee said the fiscal impact to charter schools under the Prop. 98 school funding guarantee would likely be less than $ 100,000.

«He negotiated a budget deal with state lawmakers that guarantees future New York City charter schools rent - free space in under - used public school buildings or funding to offset the cost of renting a building.»

Under the «Schools of Hope,» nothing is guaranteed except the exponential growth of charter schools and the deliberate defunding of public district schools.

«Since the PSF backing became available under 2013 legislation, credit - worthy charter school operators have been able to refund previously issued bonds with the state guarantee, dramatically lowering their borrowing costs.»

On July 31, 2015 the Supreme Court of Canada decided that proceedings under Canada's Income Tax Act (ITA) are administrative, not criminal, and a penalty imposed under it is not a «true penal consequence» — and the person on whom such a penalty is imposed doesn't get the protection of Canadian Charter of Rights and Freedoms» (section 11 (d)-RRB- guarantees of the presumption of innocence, proof of guilt beyond a reasonable doubt, and right to a fair and public hearing.

In Fraser, Rothstein acknowledged that freedoms may have «derivative rights» or a «necessary precondition» of guaranteed freedoms under the Charter.

, 1987 CanLII 88 (SCC), [1987] 1 S.C.R. 313), this Court held that the freedom of association guaranteed under s. 2 (d) of the Canadian Charter of Rights and Freedoms did not protect the right to collective bargaining or to strike.

In dismissing the appeal in B.C. Freedom of Information and Privacy Association v. Attorney General of British Columbia, the Supreme Court found that although the imposed registration requirement did limit sponsors» right of expression as guaranteed by s. 2 of the Charter, the limit was justified under s. 1 and «the scope of the infringement is minimal.»

There is a possible remedy for such problems under section 11 (b) of the Charter which guarantees the right to be tried within a reasonable time, but that can only be sought at trial, well after the administrative phase.

In terms of «fundamental rights», an employer is prohibited from adopting a dress code that unreasonably restricts an employee's freedom of expression, a right guaranteed under article 3 of Quebec's Charter of Human Rights and Freedoms.

Recently, the grant of a Norwich Pharmacal order came under close examination by the Supreme Court in The Rugby Football Union v Consolidated Information Services Limited (formerly Viagogo Limited)(In Liquidation)[2012] UKSC 55, [2012] All ER (D) 236 (Nov), which considered the facts of the case and balanced case law against the right to protection of personal data guaranteed by Art 8 of the European Charter of Fundamental Rights.

This culture was fostered by doctrinal and practical difficulties plaguing the analytical framework then applicable to the right of accused persons, guaranteed under s. 11 (b) of the Canadian Charter of Rights and Freedoms, to be tried within a reasonable time.

The Charter makes this decision for us by guaranteeing every citizen's right to vote and by expressly placing all citizens under the protective umbrella of the Charter through constitutional limits on the power of the government to limit a citizen's right to vote.

The Ktunaxa claimed that by approving the project the BC government violated the guarantee of religious freedom in section 2 (a) of the Charter and the Crown's duty to consult and accommodate under section 35 of the Constitution Act, 1982.

Therefore, the texts used as evidence to convict him had violated his guaranteed right to be protected against unreasonable search or seizure under the Charter.

Not even the UN Charter is capable of interfering with that guarantee, notwithstanding the Charter's primacy under international law, a primacy which the Court accepts.

The Charter should be presumed to guarantee protection «at least as great» as that afforded under Canada's treaty obligations.

The majority of the Supreme Court held that, although section 241 (b) deprived Rodriguez of the security of her person, as guaranteed under section 7 of the Charter, the deprivation was justified because it accorded with principles of fundamental justice.

Both cases arise out of a «sale and lease back» financing transaction under which financiers (Bitumen) purchased a bitumen carrier from one member of a group of companies, and then leased the vessel back to a different member of the group (Windrush) on the terms of a demise charter guaranteed by another group company (Richmond).

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

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.

Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all of the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

The Council therefore sought judicial review of the decision on the basis that it violated the guarantee of freedom of religion under the Canadian Charter of Rights and Freedoms, and breached the government's duty to consult and accommodate asserted Aboriginal rights under the Constitution Act, 1982.

Michelle Josef, who had already started the process at CAMH leading to the surgery, launched an application alleging that the defunding of the surgery was unconstitutional because it exceeded the regulatory power conferred upon Cabinet by the Health Insurance Act, was enacted in bad faith and infringed the equality rights guaranteed by s. 15 of the Canadian Charter of Rights and Freedoms and was not a reasonable limit that could be justified under s. 1 of the Charter.

Dr. Gehl sought declarations from the Court, among others, that she was entitled to Indian Status under s. 6 (1)(a) of the Indian Act and that section 6 of the Indian Act, the Indian Registrar's Proof of Paternity Policy («the Policy»), which requires certain kinds of proof of a person's ancestry in an application for Indian registration, and the Registrar's decision in her case, were contrary to the guarantee of equality in s. 15 (1) of the Charter because they discriminate against descendants of illegitimate children of Indian women on the basis of sex.

The Applicants brought a petition for judicial review of that decision, arguing it violated their freedom of religion guaranteed under s. 2 (a) of the Charter and breached the Minister's duty to consult and accommodate asserted Aboriginal rights under s. 35 of the Constitution Act, 1982.

In Good Spirit School Division No. 204 v Christ the Teacher Roman Catholic Separate School Division No. 212, 2017 SKQB 109, the Saskatchewan Court of Queen's Bench held that funding Catholic schools, and no others, for educating students who do not belong to their religion is contrary to the guarantee of the freedom of religion in paragraph 2 (a) of the Canadian Charter of Rights and Freedoms, and not justified under the Charter «s section 1.

The British Columbia Teachers» Federation (BCTF) challenged the legislation as unconstitutional on the basis that it deprived them of collective bargaining rights, thereby infringing their freedom to associate guaranteed under s. 2 of the Charter.

[258] The Respondent further argues that s. 13 (1) of the Canadian Human Rights Act is a violation of the fundamental freedom of conscience and religion guaranteed under s. 2 (a) of the Charter and that such violation is not justified under s. 1 of the Charter.

Last week, the Supreme Court issued its decision in Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54, which held among other things that the guarantee of religious freedom under the Canadian Charter of Rights and Freedoms does not prevent the state from interfering with the object of one's worship.

Instead of backing down in the face of controversy, alarmist headlines and the demands of several provinces for more flexibility, the country's top court said its new framework, under a 2016 ruling known as Jordan, now governs how judges should assess the Charter guarantee to a trial within a reasonable time.

This potential conflict between minority rights and equality before the law is apparent in the Canadian Charter of Rights and Freedoms, where specific provision is made that none of the guarantees, including that of equality before the law, shall be construed so as to diminish Aboriginal or treaty rights under the Royal Proclamation of 1763.

1 du Règlement d'application de la Loi sur I» enseignement privé), and second, of constitutional law (whether the decision of the minister infringes on the freedom of religion guaranteed under s. 2a of the Canadian Charter of Rights and Freedoms or s. 3 of the Quebec Charter of Rights and Freedoms?

[1] In this appeal, we must decide whether excluding members of the Royal Canadian Mounted Police («RCMP») from collective bargaining under the Public Service Labour Relations Act, enacted by the Public Service Modernization Act, S.C. 2003, c. 22, s. 2 («PSLRA»), and imposing a non-unionized labour relations regime violates the guarantee of freedom of association in s. 2 (d) of the Canadian Charter of Rights and Freedoms.

Immediately prior to trial, the accused brought an application under s. 11 (b) of the Charter, which guarantees a trial within a reasonable time.

Earle's lawyer, James Millar, says his client is entitled to the freedom of artistic expression guaranteed by the Canadian Charter of Rights and Freedoms, which, he says, trumps Pardy's complaint under the Human Rights Code.