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The Constitution Act, 1982 (French: Loi constitutionnelle de 1982) is a part of the Constitution of Canada. [a] The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867, including re-naming it the Constitution Act, 1867.
Subsection 24(1) must be distinguished from subsection 52(1) of the Constitution Act, 1982. Whereas section 52 allows the courts to invalidate laws or parts of laws for breaches of the constitution (including the Charter ), section 24 has broader capabilities (hindered only by the "appropriate and just" requirement) and can only be invoked when ...
Part of the Constitution Act, 1982: Preamble: ... Section 9 Charter Digest at canlii.org; ... Text is available under the Creative Commons Attribution-ShareAlike 4.0 ...
It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982. The Charter was preceded by the Canadian Bill of Rights, enacted in 1960, which was a federal statute rather than a constitutional ...
The Charter forms Part I of the Constitution Act, 1982 while section 35 is placed in Part II. This placement in the Constitution is considered significant. Professor Kent McNeil has written it could be seen as meaning section 35 allows for Aboriginal self-government, while the Charter is concerned with more individual rights. [12]
R v Van der Peet, [1996] 2 S.C.R. 507 is a leading case on Aboriginal rights under section 35 of the Constitution Act, 1982. The Supreme Court held that Aboriginal fishing rights did not extend to commercial selling of fish. From this case came the Van der Peet test for determining if an Aboriginal right exists.
In September 1982, after the Charter had been enacted, the government of British Columbia approved of an unsuccessful amendment to section 7 that would protect property rights. [23] See Unsuccessful attempts to amend the Canadian Constitution for more information.
In R. v. TELUS Communications Co., the Supreme Court of Canada found that the reasonable expectation of privacy protected by Section 8 of the Charter of Rights and Freedoms applies to modern communications technologies such as text messages, even if the data in question is located on a third-party server.