Sentences with phrase «prohibited under the charter»

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

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.

Not exact matches

Although the state constitution and county charter prohibit the use of government resources for political purposes, «it is nearly impossible to bring a criminal charge for these abuses under current law,» Singas wrote.

Washington, for example, still insists on prohibiting all independently governed public charter schools — a reform standard specified under Race to the Top.

The order contained three questions: (i) whether Article 4a (1) FD must be interpreted as prohibiting Member States from making the execution of an EAW subject to the possibility of retrial in cases where a conviction has been rendered in absentia; (ii) whether Article 4a (1) FD is valid in light of Articles 47 and 48 of the EU Charter of Fundamental Rights; and (iii) whether, under Article 53 of the Charter, it can grant a higher level of protection than that provided for under EU law.

He argued that a police production order for the texts violated his s. 8 right under the Charter, which prohibits unreasonable search and seizure.

The Court held that the security certificate process, which prohibited the named individual from examining evidence used to issue the certificate, violated the rights to liberty and habeas corpus under sections 7, 9 and 10 (c) of the Charter.

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.

Carter et al. v. Canada (Attorney General) et al. 2012 BCCA 502 Practice — Parties — Adding or substituting parties — Intervenors — On appeal Canada appealed from the order of Justice Lynn Smith, which declared that the provisions of the Criminal Code that prohibited physician - assisted suicide unjustifiably infringed s. 7 and s. 15 of the Charter and were of no force and effect where the assistance was provided under a number of conditions.

More specifically, she alleged that the ERCB violated her freedom of expression under section 2 (d) of the Charter by «punishing her for criticizing the ERCB in public and to the media, and... because she was prohibited and restrained in her communication with the ERCB» (2013 ABQB 537 at para 39).

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.

The right to practice or express creed beliefs may also be limited when it interferes with other rights under the Code or Charter, or announces an intention to discriminate in a social area as prohibited under section 13 of the Code

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.

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.

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).»