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In written law, the term fundamental justice can be traced back at least to 1960, when the Canadian Bill of Rights was brought into force by the Diefenbaker government. . Specifically, section 2(e) of the Canadian Bill of Rights stated that everyone has "the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and oblig
In Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7, it was held as a principle of fundamental justice that the state cannot impose obligations on lawyers that undermine their duty of commitment to clients. The case arose in the content of federal money laundering legislation which required lawyers to retain ...
The court noted the importance of these rights to the justice system, stating that sections 8 to 14 "have been recognized as essential elements of a system for the administration of justice which is founded upon a belief in 'the dignity and worth of the human person' (preamble to the Canadian Bill of Rights, R.S.C. 1970, App. III) and on "the ...
Generally, people have the right to use either the English or French language in communications with Canada's federal government and certain provincial governments. Specifically, the language laws in the Charter include: Section 16 English and French are the official languages of Canada and New Brunswick. Section 16.1
In Canada, "peace, order and good government" (in French, "paix, ordre et bon gouvernement") is sometimes abbreviated as POGG and is often used to describe the principles upon which that country's Confederation took place. A similar phrase, "peace, welfare, and good government", had been used the Act of Union 1840 that created the Province of ...
Freedom of speech in Canada and freedom of religion in Canada (now in Section 2 of the Charter) equality rights (more complete rights are contained in Section 15 of the Charter) The right to life, liberty and security of the person, and in another section, rights to fundamental justice (the Charter combines those rights in Section 7)
Common law principles of fairness may be ousted or overruled by the legislature “by clear and explicit language.” However, when confronted with silent or ambiguous legislation, courts generally infer that Parliament or the legislature intended the tribunal’s process to comport with principles of fairness and natural justice. [34]
John A. Macdonald, joint premier of the Province of Canada and Father of Confederation. The Preamble's statement that Canada is to have a government "similar in principle to that of the United Kingdom" is an indication that the principles of British parliamentary government, particularly the concept of responsible government, will apply in Canada.