Gay marriage notwithstanding clause
Notwithstanding clause The "override power" or "nothwithstanding clause" is the name of the legislative power under section 33 of the Canadian Charter of Rights and Freedoms in the Constitution of Canada. The federal Parliament or a provincial legislature may declare a law or part of a law to apply temporarily "notwithstanding" certain sections of the Charter. This is done by including a section in the law clearly specifying which rights have been overridden. Such a declaration lapses after five years or a lesser time specified in the clause, although it may be re-enacted indefinitely. The rationale behind having a five-year expiry date is that it is also the maximum amount of time that the Parliament or legislature may sit before an election must be called.
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Sexual Orientation And Legal Rights
Bill C An Act respecting certain aspects of legal capacity for marriage for civil purposes. The debate over same-sex civil marriage is certainly an issue on which I have spent a great deal of personal time and research, and one on which I have struggled to find balance. This is not an easy issue for many but it is also not an issue on which I intend to abrogate my responsibility as your Member of Parliament. I can say to anyone in South Shore-St.
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List of links for more on this topic What is the Notwithstanding Clause? Central to these negotiations was a federal proposal to introduce a constitutionally-entrenched set of rights and freedoms to replace the Canadian Bill of Rights this new set of rights eventually became the Charter. The federal proposal was, however, a controversial one.
Most Canadian jurisdictions have legislated against discriminatory treatment based on sexual orientation, and the introduction of the Canadian Charter of Rights and Freedoms altered the legal framework in matters of equality rights for lesbians and gay men. Generally speaking, legal issues relating to sexual orientation have arisen in two contexts: the prohibition of discrimination, primarily to ensure that individual lesbians and gay men are not discriminated against; and the recognition of same-sex relationships, and the extension to homosexual partners of the benefits and rights that are accorded to unmarried heterosexual partners. Numerous judicial rulings dealing with legal challenges against allegedly discriminatory laws and in assertion of legal rights have clarified the legal position of lesbians and gay men, served as a focus for the ongoing political debate about homosexuality and, in several instances, provided a framework for legislative reforms of varying scope. Recent years have also featured increasing calls, now sanctioned by the courts, for extending the institution of marriage to same-sex couples on the basis of constitutional equality rights. This paper reviews issues and developments affecting the legal rights of lesbians and gay men at the federal level as well as in areas of provincial jurisdiction.
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