Sentences with phrase «rights under the charter»

On the other hand, its approach towards the balance between religious freedom and non-discrimination is problematic because it does not offer the degree of clarity and guidance that is needed to accommodate horizontal conflicts of rights under the Charter framework.

Acting as pro bono counsel for Trevor Loke with respect to a judicial review of the Minister of Advanced Education's decision to consent to a law school at Trinity Western University on the basis that such decision violates his equality rights under the Charter.

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

At trial, Ontario Court Justice James Crawford convicted Mughal for refusing to provide a breath sample after rejecting most of his allegations of breaches of his rights under the Charter of Rights and Freedoms.

The accused brought an application, alleging several violations of his rights under the Charter.

«For all these reasons, and to prevent future prime ministers from call unfair snap elections, Democracy Watch has applied to the Federal Court for a ruling that Prime Minister Harper's calling of the federal election in September 2008 was a violation of the fixed election date law and Canadians» rights under the Charter,» said Conacher.

The sex - trade workers in this case argued that the restrictions on their work activities violated their rights under the Charter of Rights and Freedoms to security of the person and freedom of expression.

The prior threshold stage in the justificatory argument limiting rights under the Charter sets the bar very high; calling for proof of a pressing and substantial objective demonstrably justifiable in a free and democratic society, for the challenged measure.

More information about rights under the Charter may be found here: http://www.aclrc.com/how-do-i-make-a-charter-claim/ and here: http://www.aclrc.com/starting-a-charter-claim/.

The applicant claimed his s. 3 rights under the Charter were violated, and the Court found ss.

Today's decision by the Supreme Court overturns the lower court's assessment and establishes for the first time that religious organizations have rights under the Charter.

Also, the police often violate the driver's rights under the Charter of Rights in obtaining the sample.

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.

Ontario Court of Appeal holds that denying same - sex couples the right to marry violates their equality rights under the Charter.

Canadian courts have held that, absent lawful authority, compelling persons to provide fingerprints may violate their rights under the Charter of Rights and Freedoms.

After spending more than 20 years in mental health facilities, Conway brought proceedings before the Ontario Review Board alleging that the living and treatment conditions at the mental health centre where he was being detained breached his rights under the Charter.

The Court of Appeal upheld the trial judge's ruling that the gathering of the evidence that formed the grounds of the search warrant violated Mr. White's Section 8 rights under the Charter of Rights and Freedoms («Charter»), and the evidence was excluded pursuant to section 24 (2) of the Charter.

He is appealing his revocation to Divisional Court, arguing that it violates his rights under the Charter of Rights and Freedoms.

It has been well settled for almost twenty years that breach of that obligation is a breach of a defendant's constitutional rights under Charter s. 7 without the requirement of an additional showing of prejudice.

For example, Sacha acted for Amnesty International in the case of Canada v. Khadr respecting «life, liberty and security of the person» rights under the Charter.

At trial, Vancouver Criminal Defence Lawyer Emmet J. Duncan challenged the admission of the fingerprint match, on the basis that the original fingerprints, which police had taken from Client three years earlier when Client was a youth, were taken in violation of his rights under the Charter of Rights and Freedoms.

The answer to this question is «no» in all but the rare case in which a delay in treatment would breach the accused's rights under the Charter, and an order for immediate treatment is an appropriate and just remedy for that breach.

Moreover, the right of access derived from s. 96 is «absolute» and not subject to the limitations and derogations which apply even to «fundamental» rights under the Charter.

During this time, Canada was interested in exploring the scope of human rights, especially in light of our new constitutional rights under the Charter of Rights and Freedoms.

In the federal government's factum, Rupar suggests the 2001 decision had already dealt with the issue of reconciling competing rights under the Charter of Rights and Freedoms in the context of TWU's community covenant that's at the heart of the current case.

The majority's decision gave considerable weight to those claims, but emphasized that there is no hierarchy of rights under the Charter, such that the those claims must be balanced against the co-equal claims to religious freedom (and freedom from discrimination on the basis of religion).

Ishaq challenged the policy on a number of grounds, including freedom of religion and equality rights under the Charter.

7 - 14 legal rights under the Charter were not eligible for funding — even when brought in connection with s. 15.

Not exact matches

In any event, the point isn't whether the requirement to complete the long - form census form violates the charter, I don't think it does because it's probably either a violation «in accordance with the principles of fundamental justice» (under section 7) or a violation which is «reasonable and demonstrably justifiable in a free and democratic society» (the test under section 1), but that it does nevertheless violate the right to privacy which is one of our fundamental rights.

After courts in B.C. and Ontario ruled that same - sex marriages should be recognized under the Charter of Rights and Freedoms, Harper charged the Liberals «wanted to introduce this through back channels.

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.

In closing the conference, President Truman stated that «under the charter we have good reason to expect the framing of an international bill of rights acceptable to all nations involved.»

The Saskatchewan Catholic School Boards Association states: «Their argument is that per student grants paid to a Catholic school division for non-Catholic students is discriminatory against public schools under the Charter of Rights and Freedoms.

In Canada, the Canadian Charter of Rights and Freedoms gives some protection under sex equality.

Chris Grayling has pledged to go court to make sure the EU's charter of fundamental rights does not apply to the UK, following reports that Britain has been «duped» into coming under new human rights law.

«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.»

Measures taken by Members in the exercise of this right of self - defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

* 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.

* 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.

The letter stated that -LSB-...] Russia would continue the Soviet Union's membership in the UN and maintain the full responsibility for all the rights and obligations of the Soviet Union under the UN Charter.

Now that all charters have the right under state law to co-locate rent - free, the mayor's ability to help the charters he favors and manage the networks he doesn't is restricted, Cantor says.

«Buhari must ensure that in fighting insurgency and corruption that the rights of the Nigerian citizens are still respected because even in a war situation under the united nation charter, even prisoners of war are entitled to fundamental human rights.

He said: «This is a humiliation not just to Nigeria and Africa as a whole but also to human civilization and the fundamental principles of human rights under the United Nations Charter.

According to the applicant, his arrest and detention constituted a gross violation of an infringement upon his dignity, personal liberty, fair hearing and freedom of movement as enshrined and guaranteed under sections 34, 35, 36,41,46 of the constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 4,5,6 and 12 of the African Charter on Human and Peoples» Rights.

«If the government had proposed a treaty change to include the charter of fundamental rights into British law, that would have triggered a referendum under the EU bill.

He alleged in his application that Ghana did not respect the terms of the agreement that governed the financial engineering role he played in the transaction, and as such his rights and freedoms recognized under the ACHPR Charter had been violated.

Nnamdi Kanu has his God given rights and under United Nations, African Charter on Peoples Rights and Nigerian Constitution to freely express himself on all issues under the Heavens.If he is now afraid of being re-arrested then he is not worthy to lead Baifran struggle.Asari, Gani Adams and Faseun were arrested under OBJ, later released but they speak their mind on all isssues, if Kanu want to chicken out then he should go back to England and leave us alone to continue the strrights and under United Nations, African Charter on Peoples Rights and Nigerian Constitution to freely express himself on all issues under the Heavens.If he is now afraid of being re-arrested then he is not worthy to lead Baifran struggle.Asari, Gani Adams and Faseun were arrested under OBJ, later released but they speak their mind on all isssues, if Kanu want to chicken out then he should go back to England and leave us alone to continue the strRights and Nigerian Constitution to freely express himself on all issues under the Heavens.If he is now afraid of being re-arrested then he is not worthy to lead Baifran struggle.Asari, Gani Adams and Faseun were arrested under OBJ, later released but they speak their mind on all isssues, if Kanu want to chicken out then he should go back to England and leave us alone to continue the struggle.

The applicant alleged that by not respecting the terms of the agreement, Ghana violated the rights provided under the Charter; enjoyment of rights and freedoms recognized in the Charter without distinction.

Mayor Billy Barlow said that's consistent with his right to appoint people to other city committees under Oswego's charter, yet several residents like Tom Ciappa argued that this committee should be unique.