Posts Tagged ‘constitution’

Supreme Court of Canada Renders Quebec’s Bill 104 Unconstitutional

Friday, October 23rd, 2009

On October 22 2009, the Supreme Court of Canada judged Quebec’s Bill 104 to be unconstitutional.  The controversial bill was enacted in 2002 by the Quebec ruling party of the day, the Parti Quebecois, and has since been subject of a slew of courts cases, the issue eventually reaching Quebec’s Court of Appeal in 2007, where it ruled against the bill.  Two years later, Justice Louis LeBel of the Supreme Court of Canada has taken a similar stance, calling the bill, “excessive” and giving Quebec a 1 year grace period to address and rectify the situation.

In the province already currently possessing the most restrictive language policies in the country, Bill 104 eliminated the last hope for Anglophones in Quebec to obtain English language education without being subjected to a long and trying process for determining ‘eligibility’ for this right. As a result, a group of 25 families took part in this case to argue for their children’s right to an education in the English language.  As such, the ruling in this case is only a partial victory.  Quebec’s debatable language laws still stand minus Bill 104. Anglophone Canadians and others who express an interest in English instruction are now back to the unenviable and astonishing position of attempting to enrol in English language schools through legal loopholes.  It also leaves the 25 families, and many others, besides in a minimum of a yearlong limbo awaiting the new legislation to take its place.
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How constitutional is Canada’s anti-polygamy law?

Friday, October 23rd, 2009
Should polygamy be legal in Canada?

Should polygamy be legal in Canada?

It was our first prime minister Sir John A. Macdonald who told Mormon settlers that their polygamous lifestyle would not be welcome in this country. In fact, until the 1950’s Mormons were mentioned specifically in Canada’s anti-polygamy law. Today a much more generalized version can be found in Section 293 of the criminal code. For the last 60 years or so not a single prosecution had been made but suddenly members of a polygamist Mormon sect in Bountiful, B.C. are being targeted and brought before the court. British Columbia’s attorney general, Wally Oppal, decided that perhaps, before prosecuting these two gentlemen, we should ask the supreme court whether Section 293 (from now on referred to as the anti-polygamy law) is even constitutional.

Now, I did a little research and from what I can tell the anti-polygamy law pretty clearly violates section’s 2. ( a ) and 2. ( d ) of the Canadian charter of rights and freedoms.( a ) Being the freedom of conscience and religion and ( d ) being the freedom of association. Why ( d ) you might ask. Well, under section 293 it states that if you celebrate a polygamous marriage ceremony you’re a criminal.
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