Sentences with phrase «on charter rights»

Section 753 (1.1) was therefore not a «reasonable limit» on Charter rights under Section 1.
My post referred to the use of visioconference in the courtroom and its implication on Charter rights.
This means that in administering a law or making regulations to aid the administration of laws, a Minister of the Crown or an administrative body such as an agency or tribunal can not make a decision or a regulation that infringes on our Charter rights.
Also, the Supreme Court of Canada has given guidance on a modified «Oakes» test that professional regulatory hearing panels must use when deliberating on challenges based on Charter rights and freedoms.
Rodriguez argues voting is a form of expression to which all Canadian citizens over the age of 18 are entitled, and so not being able to explicitly bemoan the electoral options on offer infringes on the charter right to free expression.
If the government passes the proportionality test, then the government action is permitted, despite the fact that it infringes on a Charter right.
It may have to happen, as the authors suggest, that any constitutional right to information gets «unhooked» from dependence on the Charter right to expression.
The registrant tested both the fairness of the delay (based on procedural fairness) and the constitutionality of the college investigator's «summons» powers (based on the Charter right of everyone to be secure against unreasonable search and seizure).
[174] In the course of the analysis under s. 1 of the Charter, having concluded that the limit on a Charter right or freedom was «prescribed by law», the Court proceeded to apply the tests defined in Oakes.
The onus of proving a permissible limitation on a Charter right rests upon the party seeking to uphold the limitation.
For the law's negative impact to be proportionate to its objective, the law's objective must be rationally connected to the limitation it is imposing on the Charter right.
That was because this penalty also infringed on the charter right not to be subjected to any cruel and unusual treatment or punishment.

Not exact matches

When a corporate charter is alleged to contain a restriction on the fundamental electoral rights of stockholders under default provisions of law ---- such as the right of a majority of the shares to elect new directors or enact a charter amendment — it has been said that the restriction must be «clear and unambiguous» to be enforceable.
In bold and sweeping Reasons for Judgment on behalf of a 5 - 2 majority, Justice Rosalie Abella overturned the Court's previous jurisprudence and recognized a constitutionally protected right to strike under section 2 (d) of the Canadian Charter of Rights and Freedoms.
OTTAWA — In a letter to an employer in his Ontario riding, a Liberal MP says his own government is wrongly invoking the Charter of Rights and Freedoms on its controversial Canada Summer Jobs attestation, and calls the whole thing «regrettable» and a «lamentable state of affairs.»
Constitutional Property Rights Flanked by Lethbridge Conservative Member of Parliament Jim Hillyer and Lacombe - Ponoka MLA Rod Fox, Wildrose leader Danielle Smith announced her plans to introduce a motion calling on property rights to be included in the Charter of Rights and FreRights Flanked by Lethbridge Conservative Member of Parliament Jim Hillyer and Lacombe - Ponoka MLA Rod Fox, Wildrose leader Danielle Smith announced her plans to introduce a motion calling on property rights to be included in the Charter of Rights and Frerights to be included in the Charter of Rights and FreRights and Freedoms.
We do not receive government funding and rely on donations to support litigation keeping governments accountable to our Constitution including the Canadian Charter of Rights and Freedoms.
«That Sudan continues to prosecute these men, and without even allowing them free access to their legal team, makes a mockery of the judicial process and is a clear violation of fair trial principles, as articulated in Article 7 of the African Charter on Human and Peoples Rights (ACHPR) and Article 14 of the International Covenant on Civil and Political Rights (ICCPR), to which Sudan is a party.
Since the decision of the Supreme Court of Canada in R. v. Morgentaler (1988) holding even relatively minor criminal code restrictions on abortion contrary to the Canadian Charter of Rights and Freedoms (on similar» and similarly spurious» grounds as those of the U.S. Supreme Court in Roe v. Wade), Canada has been without restrictions on abortion.
In particular, Lutheran theologian O. Frederick Nolde, who represented the Federal Council of Churches and was the first director of the Commission of the Churches on International Affairs (CCIA), lobbied very effectively for inclusion of human rights in the UN Charter and for specific provisions in the Universal Declaration.
Among them an international tribunal on violations of the Charter's rights.
The centrepiece of the UN Nations Charter is the connection between the recognitionof the inherent dignity of all members of the human family (and of the inviolable and inalienable human rights which derive from that recognition) on the one hand, and peace and justice within and among nation states on the other.
He sees the Palm Done Right model as going beyond other certification systems, such as the Roundtable on Sustainable Palm Oil's (RSPO) principles and criteria or the Palm Oil Innovation Group's (POIG) charter.
This comprehensive resource centers on the Respectful Maternity Care charter, a groundbreaking consensus document that demonstrates the legitimate place of maternal health rights within the broader context of human rights.
The Canadian Charter of Rights and Freedoms protects against discrimination on the basis of sex.
«Second because the court recognised that Algeria has changed so as to allow us to deport this individual without jeopardising his human rights, thanks to the Algerian Charter on Peace and National Reconciliation and the assurances we have received from the Algerian government.»
In 2012, ORG won Liberty's Human Rights Campaigner of Year award alongside 38 Degrees, for work on issues from copyright to the Snooper's Charter.
On 15 June 1215 at Runnymede (a small meadow outside of London, marking the midpoint between two armies locked in civil war) King John set his seal on Magna Carta — the «great charter» that has become synonymous throughout the world with opposition to arbitrary rule, and with the protection of individual rights and libertieOn 15 June 1215 at Runnymede (a small meadow outside of London, marking the midpoint between two armies locked in civil war) King John set his seal on Magna Carta — the «great charter» that has become synonymous throughout the world with opposition to arbitrary rule, and with the protection of individual rights and libertieon Magna Carta — the «great charter» that has become synonymous throughout the world with opposition to arbitrary rule, and with the protection of individual rights and liberties.
Concurrently, the African Commission on Human and Peoples» Rights is working to attach an Optional Protocol to the African Charter for abolition.
«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 unconstitutrights 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 unconstitutRights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.
It relies upon a concatenation of treaty provisions, including Article 9 of the Charter of Fundamental Rights of the European Union (CFR), which provides for a right to «marry and... found a family», and Articles 12 and 14 of the European Convention on Human Rights and Fundamental Freedoms (ECHR), which protect the right to marry and found a family and also prohibit discrimination.
* 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 unconstitutrights 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 unconstitutRights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004, and is ultra vires, null and void and unconstitutional.
A European court's ruling effectively overturning Britain's opt - out to the charter on fundamental rights has robbed the UK of a referendum, Tory MPs are claiming.
He goes on to say, «Article 9 of the Charter simply leaves it to States to decide whether they wish to afford homosexual couples the right to marry» — and this in the context of a decision about civil, not religious marriage.
Asked yesterday about the Success Academy network's extremely high test scores this year, de Blasio replied: «Clearly there is a current within the charter movement that focuses heavily on test prep, and I don't think that's the right way to go.»
He pointed to the protocol in the charter of rights, option on justice and home affairs, emergency break in social security and exemptions on security issues, saying the UK had met its red lines, and a referendum was not needed.
Osborne is already facing calls from the centre - right thinktank Policy Exchange to include «a strong set of fiscal rules» in the charter, which would look to impose strict spending restrictions on future governments in order to reduce the national debt.
There was rightly lots of focus on the EU referendum, «snoopers charter» and an extension of right - to - buy.
The salty speech came on a day when union officials discussed hot - button issues such as teacher seniority rights and charter schools.
These included the 1981 African Charter on Human and Peoples» Rights; the 1999 Algiers Decision on Unconstitutional Changes of Government in Africa; the 2000 Lome Declaration on the Framework for an OAU Response to Unconstitutional Changes of Government; the 2002 OAU / AU Declaration on the Principles Governing Democratic Elections in Africa; and the 2002 Constitutive Act of the AU.
«She didn't allow him an in - country right of appeal against his asylum refusal; at massive expense to tax payers she hired a private charter plane to remove Mr Muazu to Nigeria today - no other returnee was on the plane; for the out of hours injunction she instructed Queen's counsel to make submissions.
«One of the key reasons why Biafra should be allowed to hold a referendum is because the principle of self - determination has, since World War 11 become a part of the United Nations Charter, which states in Article 1 (2), that one of the purposes of the UN is «to develop friendly relations among nations based on respect for the principle of equal rights and self - determination of people.
The Labour leader pledged a sovereign conference, a charter of rights for party members and widening representation on the party's National Executive Committee to reflect the rapid rise in membership.
I covered it in detail in my answer on Skeptics here, the exact quote of # 19 for example is: «The partition of Palestine in 1947 and the establishment of Israel is null and void from the very beginning, whatever time has elapsed because it was done contrary to the wish of the people of Palestine and their national right to their homeland and contradicts with the principles embodied in the charter of the UN, the first of which is the right of self - determination
And pundits told Kramer the last thing Albany needs right now is more chaos, especially since high stakes debates on such issues such as increasing the minimum wage and raising the cap on charter schools must be resolved before the session ends in June.
In a flurry of television appearances, Mr. Peebles attacked the mayor from both the left and right, accusing his liberal administration of trying to clamp down on charter schools and not doing enough to help minority - owned businesses.
Thursday's City Council schedule will include a meeting of the Committee on Governmental Operations for its preliminary budget oversight hearing; a meeting of the Committee on Veterans to consider a resolution «calling upon the New York State Legislature to pass and the Governor to sign S. 752, the Veterans» Education Through SUNY Credits Act»; and a meeting of the Committee on Education to consider multiple resolutions, including one «calling upon the New York State Legislature to reject any attempt to raise the cap on the number of charter schools,» one «calling upon the Department of Education to amend its Parent's Bill of Rights and Responsibilities to include information about opting out of high - stakes testing and distribute this document at the beginning of every school year, to every family, in every grade,» and one «calling upon the New York State Legislature to eliminate the Governor's receivership proposal in the executive budget for New York City.»
In his Presentation, the Head of Legal of * YoHRA * Lawyer William Ayisi Otoo took participants through the relevant provisions in the African Charter on Human and People's Rights.
Lawyer Ayisi explained that the Charter is binding on African states because * The African Charter on Human and Peoples» Rights (also known as the Banjul Charter) is an International Human Rights Instrument that is intended to promote and protect Human Rights and basic freedoms on the African continent *
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