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Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause. Sometimes referred to as the override power, it allows Parliament or provincial legislatures to temporarily override sections 2 and 7–15 of the Charter.
Ford v Quebec (AG), [1988] 2 SCR 712 is a landmark Supreme Court of Canada decision in which the Court struck down part of the Charter of the French Language, commonly known as "Bill 101". This law had prohibited the use of commercial signs written in languages other than French and required businesses to use only the French versions of their names. The court ruled that Bill 101 violated the freedom of expression as guaranteed in the Canadian Charter of Rights and Freedoms.
The legal system of Canada is pluralist: its foundations lie in the English common law system, the French civil law system, and Indigenous law systems developed by the various Indigenous Nations.
The Charter of the French Language, also known as Bill101, is a law in the Canadian province of Quebec defining French, the language of the majority of the population, as the official language of the provincial government. It is the central piece of legislation that forms Quebec's language policy and one of the three principle statutes upon which the cohesion of Quebec's society is based, along with the Quebec Charter of Human Rights and Freedoms and the Civil Code of Quebec. The Charter also protects the Indigenous languages of Quebec.
The Constitution Act, 1867, originally enacted as the British North America Act, 1867, is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed. However, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.
The constitutional history of Canada begins with the 1763 Treaty of Paris, in which France ceded most of New France to Great Britain. Canada was the colony along the St Lawrence River, part of present-day Ontario and Quebec. Its government underwent many structural changes over the following century. In 1867 Canada became the name of the new federal Dominion extending ultimately from the Atlantic to the Pacific and the Arctic coasts. Canada obtained legislative autonomy from the United Kingdom in 1931, and had its constitution patriated in 1982. Canada's constitution includes the amalgam of constitutional law spanning this history.
The legal dispute over Quebec's language policy began soon after the enactment of Bill 101, establishing the Charter of the French Language, by the Parliament of Quebec in 1977.
The official languages of Canada are English and French, which "have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada," according to Canada's constitution. "Official bilingualism" is the term used in Canada to collectively describe the policies, constitutional provisions, and laws that ensure legal equality of English and French in the Parliament and courts of Canada, protect the linguistic rights of English- and French-speaking minorities in different provinces, and ensure a level of government services in both languages across Canada.
Section 16.1 of the Canadian Charter of Rights and Freedoms guarantees equality between English-speaking and French-speaking residents of New Brunswick. Enacted in 1993, it is the most recent addition to the Charter.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Section 17 of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canada's two official languages, English and French. While the section 17 right to use either language within the Parliament of Canada repeats a right already anchored in section 133 of the Constitution Act, 1867, section 17 also guarantees the right to use both languages in the legislature of New Brunswick, the only officially bilingual province under section 16 of the Charter.
Canadian lesbian, gay, bisexual, and transgender (LGBTQ) rights are some of the most extensive in the world. Same-sex sexual activity, in private between consenting adults, was decriminalized in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada became the fourth country in the world, and the first in the Americas to legalize same-sex marriage. In 2022, Canada was the third country in the world, and the first in North America, to fully ban conversion therapy nationwide for both minors and adults.
Quebec law is unique in Canada because Quebec is the only province in Canada to have a juridical legal system under which civil matters are regulated by French-heritage civil law. Public law, criminal law and federal law operate according to Canadian common law.
Because the country contains two major language groups and numerous other linguistic minorities, in Canada official languages policy has always been an important and high-profile area of public policy.
Brian Slattery, B.A., BCL, D.Phil., F.R.S.C., is a Professor Emeritus of Law at Osgoode Hall Law School, York University, in Toronto, Ontario, Canada. He is a prominent academic in Canadian Constitutional Law and Aboriginal rights discourse. He practices Aboriginal law at Slattery & Slattery.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
This article gives a broad overview of lesbian, gay, bisexual and transgender (LGBT) history in Canada. LGBT activity was considered a crime from the colonial period in Canada until 1969, when Bill C-150 was passed into law. However, there is still discrimination despite anti-discrimination law. For a more detailed listing of individual incidents in Canadian LGBT history, see also Timeline of LGBT history in Canada.
Hugh Gerard Hazen Hansard, was a Canadian lawyer from Quebec. A respected civil litigator, he appeared several times in the Supreme Court of Canada, and served as president of the Canadian Bar Association.
The Act respecting the laicity of the State, introduced and commonly referred to as Bill 21 or Law 21, is a statute passed by the National Assembly of Quebec in 2019 which asserts that Quebec is a lay state. It prohibits the wearing of religious symbols by certain public employees in positions of authority and grandfathers in those who were already in office when the bill was introduced. The statute operates despite the Quebec Charter of Human Rights and Freedoms, and also notwithstanding certain sections of the Canadian Charter of Rights and Freedoms.
Annie MacDonald Langstaff was a Canadian law student, legal activist, supporter of women's suffrage and an early woman aviator. Born in Ontario in 1887, she graduated from Prescott High School and then married in 1904. Her husband quickly abandoned her, leaving her a single mother. Moving to Montreal in 1906, she began working as a stenographer in the law office of Samuel William Jacobs, who encouraged her to study law. Finding no barriers to her admission, Langstaff enrolled at McGill University in 1911, graduating three years later as a Bachelor of Civil Law. On applying to the Bar of Montreal to practice, she was refused the right to take the examination.
References
- ↑ Montpetit, Jonathan (17 December 2019). "Finding Fred Christie: The legacies, big and small, of Canada's reluctant civil rights hero". CBC News. Archived from the original on 2019-12-17. Retrieved 17 December 2019.