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Elections must be held at least every five years under section 4.. Section 4 of the Canadian Charter of Rights and Freedoms is the second of three democratic rights sections in the Charter, enshrining a constitutional requirement for regular federal, provincial and territorial elections that cannot be arbitrarily delayed or suspended.
While the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985 that the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review pre-existing statutes and strike potentially unconstitutional inequalities.
Overall, section 24's "competent jurisdiction" limit on which courts may award remedies, in R. v. 974649 Ontario Inc. (2001), was taken as meaning that while Charter rights are generous, they exist within a framework set up by Parliament and the provincial governments. These elected governments have the authority to grant varying degrees of ...
After the introduction of the Constitution Act, 1982 and the Charter of Rights and Freedoms, Canadian courts became much more active in interpretation of Constitutional questions. One notable example is in the case of gay rights and section 15(1) of the Charter. Section 15(1) lists grounds against which people may not be discriminated by the ...
S. Section 1 of the Canadian Charter of Rights and Freedoms; Section 2 of the Canadian Charter of Rights and Freedoms; Section 3 of the Canadian Charter of Rights and Freedoms
It has been questioned whether the Oakes test, or any section 1 test at all, could ever be applied to section 12 of the Charter, which provides rights against cruel and unusual punishment. In R. v. Smith, some Supreme Court justices felt section 1 could not apply, although the majority employed section 1. Hogg believes section 1 can never apply ...
However, he noted there was some drama in the Charter in that it was written when there was a threat of Quebec separatism, and section 27 (multiculturalism), section 25 (Aboriginal rights), and section 15(2) (affirmative action) of the Charter could change the country. [4] In 1994, the House of Commons of Canada debated changing the name of the ...
Freedom of expression, section 2(b), is perhaps one of the most significant Charter rights in influencing Canadian society. The right is expressly named in the charter because although "Canadian criminal law uses the standard of the reasonable person as a ... definition for the threshold of criminality", the Charter expressly limits some forms ...