The majority, written by Chief Justice McLachlin and Justice LeBel, held the AEPA did not violate s. 2 (d) because it provided
a meaningful exercise of the right of association and a tribunal for dispute resolution.
Not exact matches
Right now, I'm currently working hard on my last four weeks in my masters degree program
exercise psychology, am busy working with my personal training clients, excited for the release
of The Power
of Champions, and looking forward to a rewarding and
meaningful future.
Cumulative effects assessments are narrowly scoped, preventing
meaningful assessment
of the greatest threat to the continued
exercise of Aboriginal and Treaty
rights;
Moreover, confirmation
of IMSI Catcher use is integral to
meaningful debate on a matter
of public interest in Canada while being equally essential to the proper
exercise of Canadian privacy
rights.»
[104] This Court suggested in Sparrow that the following factors will be relevant in determining whether a law
of general application results in a
meaningful diminution
of an Aboriginal
right, giving rise to breach: (1) whether the limitation imposed by the legislation is unreasonable; (2) whether the legislation imposes undue hardship; and (3) whether the legislation denies the holders
of the
right their preferred means
of exercising the
right (at p. 1112).
If it takes up so much land that there is no
meaningful ability left to
exercise treaty
rights, it may be liable for infringement
of the treaty.
Given that the native title representative bodies do not have enough time, money or people available to ensure that native title holders and claimants in their area are able to
exercise their procedural
rights in hundreds
of separate negotiations with mining companies and the State, a formalised «opt in» process negotiated by Indigenous peak bodies may prove to be a means to ensure that native title parties have some
meaningful participation in decisions regarding mining exploration over their land.