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unusual facts about Section Twenty-three of the Canadian Charter of Rights and Freedoms


Article 23

Section Twenty-three of the Canadian Charter of Rights and Freedoms, which guarantee minority language educational rights to French-speaking communities outside Quebec


Ex post facto law

Because Section 11 of the Charter is among the sections that can be overridden under Section 33 (the notwithstanding clause), Parliament could in theory enact ex post facto laws by invoking Section 33.

National Aboriginal Health Organization

NAHO defined "Aboriginal Peoples" using the Canadian Constitution Act, 1982, sections 25 and 35, to consist of three groups – Indian (First Nations), Inuit, and Métis.

Section Twenty-eight of the Canadian Charter of Rights and Freedoms

Specifically, section 28 addresses concerns of sexual equality, and is analogous to (and was modelled after) the proposed Equal Rights Amendment in the United States.

As the Canadian Advisory Council on the Status of Women noted, many of the feminists who pushed for having section 28 in the Charter hoped that it would not just be read literally but would also "provide a social and historical context in which women's claims can be better understood"; it existed to remind judges charged with enforcing the Charter that women had been "recognized as 'persons'" and had gained more equality in marriage.

Section Twenty-five of the Canadian Charter of Rights and Freedoms

They may also include those created by ordinary legislation, like the Indian Act, and constitutional scholar Peter Hogg has speculated that without this section, section 15 (the equality provision) would have possibly threatened these rights, since they are particular to a race.

Section Twenty-nine of the Canadian Charter of Rights and Freedoms

The current Chief Justice of Canada Beverley McLachlin once referred to this as an early form of freedom of religion in Canada.

Section Twenty-seven of the Canadian Charter of Rights and Freedoms

The Court of Appeal for Ontario in Videoflicks Ltd. et al. v. R. (1984) argued that section 27 should receive "significance" from the courts, and that the section could reinforce freedom of religion (section 2).


see also