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In Figueroa v Canada (AG) the court determined that Section 3 explicitly grants both the right to vote and the right to run for office to all Canadian citizens. In Szuchewycz v. Canada [6] the Court of Queen's Bench of Alberta found that the $1000 federal candidate deposit requirement violated Section 3 and could not be justified under Section 1.
Constitutional scholar Peter Hogg has called section 31 a "cautionary provision." He specifically notes that section 31 denies the federal Parliament of Canada any additional powers. Indeed, section 31 is a departure from the educational rights in the Constitution Act, 1867. Section 93(4) of that Act gives the federal Parliament the power to ...
Section 33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15. (2) An Act or a provision of an Act in respect of which a declaration made ...
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In R v Grant (1990), it was found that random stops by police, authorized by statute, were in violation of section 9 but were justified as a reasonable limitation under section 1 of the Charter. Likewise, in R. v. Ladouceur (1990) highway stops were found to be arbitrary where absolute discretion was given to the police. Again, the violation ...
t. e. Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person.
t. e. Section 25 of the Canadian Charter of Rights and Freedoms is the first section under the heading "General" in the Charter, and like other sections within the "General" sphere, it aids in the interpretation of rights elsewhere in the Charter. While section 25 is also the Charter section that deals most directly with Aboriginal peoples in ...
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