Sentences with phrase «protected under the charter»

Freedom of conscience is protected under the Charter of Rights and Freedoms.

Anonymous Lawyer: «When the BC Law Society accredited TWU, it was in essence an endorsement of the discriminatory practices this private entity engages in and sent a message to the public that discrimination against gay people was ok, even though they are protected under the Charter and even though same - sex marriages are legally recognized.

Not exact matches

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.

The use of nuclear weapons to protect such interests is likely to be disproportionate and therefore unlawful under Article 2 (4) of the UN Charter.

Will academic success and public support protect charters and small high schools under a de Blasio administration?

Under his tenure, charter schools have expanded, and funds have been protected.

A coalition of charter leaders has been working since April to change some of the language to streamline the authorizing process and to protect the autonomies charters are given under state law.

Sir, while you may disagree with Mr. Ona's contentions, we understand that his choosing to speak publicly while questioning his government's actions are activities that are clearly protected under the African Charter along with other international covenants.

A column in the Canadian Lawyer suggests that «technology in a modern advanced society such as the one in which we live, should be recognized as a constitutionally protected right to «life, liberty and security of the person,» under s. 7 of the Charter of Rights and Freedoms».

In a nutshell, the AG found that, when third country nationals apply for a visa with limited territorial validity («LTV») under Article 25 of the Visa Code with the aim of applying for international protection once they have arrived in a Member State's territory, the Member State's immigration authority should take the circumstances of the applicant into account and assess whether a refusal would lead to an infringement of the applicant's rights as protected by the Charter of Fundamental Rights.

The case was brought by five Unions2 under the Canadian Charter of Rights and Freedoms.3 While the Charter contains no express reference to collective bargaining, over the past ten years, the Supreme Court of Canada has recognized that the right to freedom of association, which is protected by section 2 (d), encompasses the rights of employees to join together to make collective representations to the employer, and to have those representations considered in good faith.

COPOH will submit that the right to choose who will assist oneself in dressing, bathing and toileting («basic dignity») and the right to privacy in relation to personal dignity is a basic right accorded to all human beings and protected as part of «security of the person» under s. 7 of the Charter.

On December 8, 2017, the Supreme Court of Canada released the 5 - 2 ruling in R v Marakah, 2017 SCC 59, that text messages sent and received can, in some cases, attract a reasonable expectation of privacy and therefore can be protected against unreasonable search and seizure under s. 8 of the Charter of Rights.

One would think that a «constitutional superpower» like Canada would protect and defend the equal rights of Her Majesty's Letters Patent (1947) under our great Charter, eh?

I submit that technology in a modern advanced society such as the one in which we live, should be recognized as a constitutionally protected right to «life, liberty and security of the person,» under s. 7 of the Charter of Rights and Freedoms.

, 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.

Facts of the case The Opinion of AG Bot under consideration deals with a similar conflict, namely between the Spanish constitutional right to a fair trial and the way in which that right is protected under Framework Decision 2009/299 and the Charter.

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

Lest Canadians also forget that long before the Charter was enacted the United States Supreme Court implicitly relied on the living tree doctrine to find that «liberty of contract» was a protected right under the «due process» clause of the Fourteenth Amendment.42 In other words, the «living tree» has the potential to grow in whatever direction the presiding judge sees fit.

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.

Technological change poses a novel threat to a right of privacy that has been protected for hundreds of years by the common law under various guises and that, since 1982 and the Charter, has been recognized as a right that is integral to our social and political order.

Solicitor - client privilege is a principle of fundamental justice and so is protected under section 7 of the Charter of Rights and Freedoms.

The SCC decision responded only to two constitutional questions: whether PIPA (as it was previously) violated the constitutionally - protected right to freedom of expression, and if so, whether the infringement could be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms.

Justice Brown noted the Supreme Court has held that expressive activity in the labour context is directly related to the Charter - protected right of workers to associate to further workplace goals under section 2 (d) of the Charter.

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.

The right to privacy is protected under section 8 of the Charter rights against unreasonable search and seizure.

It is important to understand that the ratification of the Convention will have little impact on present - day legislation and the current situation in Canada, since the rights to associate and bargain freely are already very clearly protected in Canada, under both the Canadian Charter of Rights and Freedoms and the human rights legislation of every province, as well as by certain provisions of the Canada Labour Code and the statutes of the different provinces dealing with labour relations.

And in R v Rose, [1998] 3 SCR 262 Justice Peter Cory was more specific, at para. 98: «The right to make full answer and defence is protected under s. 7 of the Charter.

• I will aggressively defend your criminal charge with all possible defences and will make sure that your rights under The Canadian Charter of Rights and Freedoms are fully protected in a court of law.

The Intervenor respectfully submits that the sentencing principles to be applied in the case at bar must be consonant with the interests protected under s. 15 of the Charter.

In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Supreme Court of Canada reversed its 1987 decision and concluded that the right to strike is protected under section 2 (d) of the Charter: freedom of association.

Given the historical, international, and jurisprudential context, it is clear that the ability to engage in the collective withdrawal of services in the process of the negotiation of a collective agreement is the irreducible minimum of the freedom to associate in Canadian labour relations as protected under section 2 (d) of the Charter.

Plainly put, just as there is a constitutionally protected right to collective bargaining under section 2 (d) of the Charter, there is also a constitutionally protected right to strike protected under section 2 (d) of the Charter.

If a physical gesture (thumbs up or the finger) can be expressive, then undoubtedly indicating that you like something on Facebook surely is expressive and protected expression under the Charter.

The Court is entitled to depart from the narrow interpretation of section 2 (d) of the Charter set out in the Labour Trilogy and conclude that the right to strike is protected under section 2 (d) of the Charter.

In finding that the law's interference with a constitutionally protected right was not justified under section 1 of the Charter, which permits some infringements of the Charter, provided that the same can be shown to be «demonstrably justified in a free and democratic society», Justice Abella wrote this:

And if the final level of appeal in the WC System (WCAT) is prevented from protecting our rights under the Charter, workers may lose those rights in the future.

In a 5 - 2 majority decision, the Court recognized that the right of employees to participate in strike action for the purpose of negotiating the terms and conditions of their employment is constitutionally protected under s. 2 (d) of the Canadian Charter of Rights and Freedoms.

She has a keen interest in protecting her clients» rights under the Canadian Charter of Rights and Freedoms.

The right to counsel upon arrest is a constitutionally protected right under section 10 (b) of the Canadian Charter of Rights and Freedoms.

The Supreme Court of Canada ruled that the province's law is protected under section 15 (2) of the Charter, which outlines cases where affirmative action programs may be applied to disadvantaged people in Canada.

Although the First Amendment analysis could resolve the overarching constitutional question under s. 2 (b) of the Charter that protects freedom of expression and media communication, specific provisions of wiretap law, governed in Canada by Part VI of the Criminal Code, would also have to be considered.

The FCA was not receptive to the Association's argument, and the PSLREB's finding, that an individual's private life, and activities such as hockey games and attendance at the opera, could be protected by the right to life, liberty, and security of the person as protected under section 7 of the Charter.

Overruling one of its own decisions, the Supreme Court of Canada today has determined that the «right to strike» is protected under s. 2 (d) of the Charter, which is the freedom of association provision.

Is this a Charter issue, i.e., s. 15, «equality before and under law and equal protect and benefit of law»?

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.

In this instance, this right comes into direct conflict with the accused's right to face his or her accuser for full answer and defence of the charges and is a protected principle of fundamental justice under s. 7 of the Charter.

The OMA alleged that the MOHLTC infringed Ontario doctors» right to freedom of association, protected under section 2 (d) of the Charter and contravention of the RRA.

At paragraph 51 of its decision, the Supreme Court of Canada held that the ability of employees to strike is essential to meaningful collective bargaining and that, in the circumstances of that case, the right to strike was constitutionally protected under section 2 (d) of the Charter.

The goal of the new legislation is to align the law with the January 2015 Supreme Court of Canada decision in Saskatchewan Federation of Labour v. Saskatchewan, where it was found that the right to strike is fundamental to the collective bargaining process and is constitutionally protected under section 2 (d)(Freedom of Association) of the Canadian Charter of Rights and Freedoms.