Sentences with phrase «rights under section»

This needs to be remedied by a clear statement in the legislation that the rights under section 24MD (6B) are in addition to, and not in substitution of, any rights which native title holders might otherwise have because of section 24MD (6A).

So, that's how you explain and enforce your rights under section 136 (2) of the Courts of Justice Act.

The test for Aboriginal rights under section 35 of the Constitution urges courts to consider the perspective of Indigenous peoples.

Law argued that the provisions of the Canada Pension Plan that limited access to survivor's benefits on the basis of age were a violation of her equality rights under Section 15 (1) of the Charter.

Section 753 (1.1) was therefore not a «reasonable limit» on Charter rights under Section 1.

This may have serious repercussions for Canada's copyright collectives, which tend to have independent oversight over specific rights under section 3 (1)(f).

The Oakes test is a judicial three - part test to determine which Canadian legislation is permitted to violate or limit constitutional rights under section 1 of the Charter.

How a government in Canada can justifiably and constitutionally limit one's rights under section 1 of the Charter became known as the Oakes test.

The Federal Court of Appeal has struck down the IRPA provision that refuses applicants from DCOs a right of appeal on the basis that it violates their equality rights under section 15 of the Charter.

The Court confirmed that the condominium corporation's Application was commenced under section 134 with a view to effectively «reviving» its lien rights under section 85 of the Act.

Mr. Tessling argued at trial that the RCMP flyover constituted an unreasonable search, contrary to his rights under Section 8 of the Charter.

And the seizure of her breath samples at the roadside and thereafter at the police station would hence be a violation of her rights under section 8 to be free from unreasonable search and seizure.

Or is it his Government's respect for Aboriginal and treaty rights under section 35 that suggests he would want to pursue customary and statutory rights with the same diligence?

Furthermore, the Court did not undertake the usual steps in a constitutional analysis, i.e. by reviewing whether section 43 breached any of Ernst's Charter rights, and if so, whether it could be upheld as a reasonable limit on those rights under section 1 of the Charter.

Regina v. X.W. and Q.Z. (2011) Charges of assault causing bodily harm stayed in the Ontario Court of Justice, Brampton, after defence lawyers Joseph Neuberger were successful in arguing that the clients» rights under section 11 (b) of the Charter were violated as the case took some twelve and half months to be tried.

It also emphasizes that the duty to consult on impacts to Aboriginal rights under section 35 does not require that the consent of Indigenous peoples be given before a project can proceed.

In circumstances where cases exceed the 18 months ceiling, it has been found that the accused's rights under section 11 (b) of the Canadian Charter of Rights and Freedoms («Charter») have been violated and a stay of proceedings may be granted, except under «exceptional circumstances».

(4) Where a person has rights under this section in relation to an old board and the old board is amalgamated or merged with a district school board under Part II.2, the rights of the person are the same immediately after the amalgamation or merger as they were immediately before the amalgamation or merger and, for the purpose, the district school board stands in the place of the old board.

Ms Jodhan sought a declaration under section 18.1 of the Federal Courts Act that the standards implemented by the federal government for providing visually impaired Canadians with access to government information and services on the Internet, and the way in which those standards are implemented, denied her equal access to government information and services, and thereby violated her rights under section 15 (1) of the Canadian Charter of Rights and Freedoms... [more]

It is the appellant's position that the accused was denied his rights under section 2 (a) of the Charter because he was required to establish the honesty of his belief and according to the appellant, that is a breach of religious freedom.

The Supreme Court concluded by a 6 - to - 3 majority that the use of a sniffer dog in these circumstances constituted a search, and that the search constituted a breach of the suspect's rights under Section 8 of the Charter.

In a 5 - 2 decision, the Court determined that the Public Service Essential Services Act («PSESA»), in restricting certain public sector workers» rights to strike, violated freedom of association rights under section 2 (d) of the Canadian Charter of Rights and Freedoms («Charter»).

In a 5 - 2 decision, the Court determined that the Public Service Essential Services Act («PSESA»), in restricting certain public sector workers» rights to strike, violated freedom of association rights under section 2 (d) of the Canadian Charter of Rights -LSB-...]

The «defendants have copied, created derivative works of, distributed copies to the public, and / or displayed publicly Pokémon Works without the consent or authority of TPCi, thereby directly infringing TPCi's exclusive rights under Section 106 of the Copyright Act 17 U.S.C. § 10 [Remedies for infringement: Damages and profits],» stated The Pokemon Company in its suit.

Lender can exercise its rights under this Section immediately or can postpone action without losing any rights.

Generally, it's because in order to rent in North Carolina you pretty much have to waive your rights under that section.

Because major publishers require DRM on their e-book releases, this means that libraries aren't able to exercise rights under Section 108 just as a matter of law.

Further, New York's proposal to selectively provide students with disabilities who are below grade level a different test from students without disabilities who are below grade level unjustly discriminates and violates these students» rights under Section 504 of the Rehabilitation Act of 1973 [viii] since it deprives these students with disabilities equal educational opportunities and benefits as those available to non-disabled students.

22.6 You further understand and expressly agree that all rights under Section 1542 of the Civil Code of California («Section 1542») and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.

Azibaola, through his counsel, Ebun - Olu Adegboruwa, had contended that the EFCC had no right under Sections 293 and 294 of the Administration of Criminal Justice Act, ACJA, to detain him.

(A) No credit services organization shall cause or attempt to cause a buyer to waive a right under sections 4712.01 to 4712.14 of the Revised Code.

To condone or excuse the behaviour in this case would send a message to the public that despite their Charter rights under sections 8 and 9 of the Charter, the police can't ignore these and detain and arrest any driver.

STRATEGY: It was my belief that the Crown violated Peter's rights under Sections 11 (b), and 24 (1) of the Canadian Charter of Rights and Freedoms.

«Protection of reputation should be declared a stand - alone constitutional right under section 7 of the Charter, subject to the same vicissitudes as freedom of expression, namely, the further removed from its core value, the less worthy of protection,» states Timothy Danson, lead counsel for the doctor, in written submissions filed with the Court of Appeal.

In a voir dire proceeding the accused alleged a breach of his rights under Sections 7, 8 and 10 of the Charter of Rights and Freedoms and specifically that he was not given a reasonable opportunity to exercise his right to counsel and that the accused was not provided with a full range of resources and access to sources of information which reasonably were or ought have been made available to him to contact a lawyer, including internet access.

The appellant in this case argued that the mandatory penalty violated his rights under sections 7 and 12 of the Charter.

Ecojustice, formerly Sierra Legal Defence Fund, has launched a lawsuit on behalf of Aamjiwnaaang First Nation members, Ron Plain and Ada Lockridge, alleging that the cumulative effects of government approved pollution in Sarnia's Chemical Valley amounts to a violation of their human rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms.

It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy.

In a split decision, the Supreme Court of Canada has set out new guidelines that will dramatically change the way our courts enforce the right under section 11 (b) of the Canadian Charter of Rights and Freedoms to be tried within a reasonable time.

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

In the review hearing, it was argued that the client's rights under sections 8, 9, and 10 (b) of the Charter were breached.

22 The right under sections 1 and 3 to equal treatment with respect to services and to contract on equal terms, without discrimination because of age, sex, marital status, family status or disability, is not infringed where a contract of automobile, life, accident or sickness or disability insurance or a contract of group insurance between an insurer and an association or person other than an employer, or a life annuity, differentiates or makes a distinction, exclusion or preference on reasonable and bona fide grounds because of age, sex, marital status, family status or disability.

21 (1) The right under section 2 to equal treatment with respect to the occupancy of residential accommodation without discrimination is not infringed by discrimination where the residential accommodation is in a dwelling in which the owner or his or her family reside if the occupant or occupants of the residential accommodation are required to share a bathroom or kitchen facility with the owner or family of the owner.

(2) The right under section 5 to equal treatment with respect to employment without discrimination because of sex, marital status or family status is not infringed by an employee superannuation or pension plan or fund or a contract of group insurance between an insurer and an employer that complies with the Employment Standards Act, 2000 and the regulations thereunder.

(2.1) The right under section 5 to equal treatment with respect to employment without discrimination because of age is not infringed by an employee benefit, pension, superannuation or group insurance plan or fund that complies with the Employment Standards Act, 2000 and the regulations thereunder.

A majority of the Ontario Court of Appeal ordered a new trial, finding that Mr. Kokopenace's rights under sections 11 (d) and 11 (f) of the Canadian Charter of Rights and Freedoms had been violated because the jury roll from which his jury was selected was not sufficiently representative.

If the covered entity were to have the discretion to recognize a personal representative as the individual, there could be situations in which no one could invoke an individual's rights under these sections.

Not exact matches

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at [phone] or [phone] Updated on Feb 28, 2011

Under Section 5 of the Voting Rights Act, about 800 counties with histories of racially - discriminatory voting laws — going back to poll taxes and literacy tests — had to get the Justice Department's approval beforehand (a process called pre-clearance) before such laws could take effect.

In October, Sens. Ron Wyden and Rand Paul introduced the bipartisan USA Rights Act, which aims to reform Section 702 and «end warrantless backdoor searches of Americans» calls, emails, texts and other communications that are routinely swept up under a program designed to spy on foreign targets,» according to a press release from Wyden's office.