section twenty-five of the canadian charter of rights and freedoms wikipedia - EAS
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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 … See more
Under the heading "General," the section reads:
25. The guarantee in this Charter of certain rights and freedoms shall not be construed as to abrogate or derogate from any aboriginal, … See moreThe question of how the Charter applies to Aboriginals and Aboriginal government has involved section 25. On the one hand, it has been argued … See more
Scholar Celeste Hutchinson remarks in an article that little has been done with section 25 by the courts. However, she points to the British Columbia Court of Appeal case R. v. Kapp as one that discusses section 25's application. She argues Kapp failed … See more
In other words, the Charter must be enforced in a way that does not diminish Aboriginal rights. As the Court of Appeal for Ontario held in R. v. Agawa (1988), the section "confers no new rights," but instead "shields" old ones.
This is a stronger … See moreIn 1983, with the passing of the Constitution Amendment Proclamation, 1983, section 25 was amended to expand the protection … See more
Wikipedia text under CC-BY-SA license Section 25 Of The Canadian Charter Of Rights And Freedoms ...
Section Twenty-five of The Canadian Charter of Rights and …
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