Section for Legal Rights

(b) rights or freedoms existing or likely to be acquired under land rights agreements. Endnote (95) The section of the Charter on Legal Rights guarantees the rights of all persons who are subject to investigation, imprisonment or criminal charges, or who are subject to legal restrictions of any kind. All officers, agents, solicitors and employees of the Commission shall be subject to the provisions of Section 7324 of Title 5 [originally Section 9 of the Act of August 2, 1939, as amended (the Hatch Act)], notwithstanding any exemption contained in this section. (1) responsible for the annual review and approval of a national and regional equal employment opportunity plan to be submitted by each department and agency and each appropriate entity referred to in paragraph (a) of this article in order to maintain a positive program of equal opportunity for all such workers and candidates; After March 24, 1972 [the date the Equal Employment Opportunity Act 1972 came into force], the Commission has the power to investigate and deal with an allegation of discrimination or practice, whether made by a person alleging injury or by a member of the Commission, whether made by a person alleging injury or by a member of the Commission. All such acts shall be performed in accordance with the procedures set out in Article 2000E-5 of this Title [Article 706]. In particular, freedom of conscience and religion under section 2 of the Charter and equality rights under section 15 do not restrict the right of Canadians under the Constitution Act, 1867 to establish religious or denominational schools. (n) “Respondent” means an employer, employment agency, work organization, joint employment management committee that controls apprenticeship or any other training or retraining program, including an on-the-job training program, or a federal agency subject to section 2000e-16 of this title. (a) the rights or freedoms recognized by the Royal Proclamation of October 7, 1763; A commission called the Commission for Equal Opportunities shall be set up, consisting of five members, of whom no more than three may belong to the same political party. The members of the Commission are appointed by the President by the President with the advice and consent of the Senate for a term of five years. Any person chosen to fill a vacancy shall be appointed only for the remainder of the term of office of the member to whom he or she succeeds, and all members of the Commission shall hold office until their successors are appointed and qualified, provided that no member of the Commission shall hold office for more than sixty days when the Congress is in session; unless a nomination to fill such a vacancy has been submitted to the Senate or (2) after the adjournment of the session of the Senate in which the nomination was tabled. The Chairperson shall appoint one member as Chairman of the Commission and one as Vice-Chairman.

The President shall be responsible, on behalf of the Commission, for the administrative activities of the Commission and, except as otherwise provided in subsection (b) of this section, shall appoint such officers, agents, attorneys, administrative judges [initially auditors] in accordance with the provisions of Title 5 [United States Code], which governs appointments to the Competition Service. and such employees as it deems necessary to assist them in the performance of their duties and to determine their remuneration in accordance with the provisions of chapter 51 and chapter 53, subchapter III, of title 5 of title 5 [United States Code] with respect to classification and general rates of remuneration: provided that the award, the removal and remuneration of administrative judges [originally, Hearing Examiners] must comply with 5 [United States Code] §§§ 3105, 3344, 5372, and 7521]. (b) An intentional violation of this section shall be punishable by a fine of not more than $100 for each individual offence. enforce constitutional suffrage, give U.S. District Courts jurisdiction to grant an injunction against discrimination in public housing, empower the attorney general to sue to protect constitutional rights in public institutions and public education, expand the Civil Rights Commission, prevent discrimination in government-sponsored programs, Establishment of a Commission on Equal Opportunities at Work and for Other Purposes. With effect from two years after 24. March 1972 [date of coming into force of the Equal Employment Opportunity Act 1972], the office of the Attorney General under this section shall be deemed, together with the personnel, property, records and unused balance of funds, grants and other resources to be used, used, held, available or made available in connection with those functions; to the Commission, unless the President submits: and neither of the House of Representatives vetoes a reorganization plan under Chapter 9 of Title 5 [United States Code] that is inconsistent with the provisions of this subsection. The Commission shall carry out those tasks in accordance with points (d) and (e) of this Section. 2. Articles 2000e-2 and 2000e-3 of this Title [Articles 703 and 704] do not apply to the foreign activities of an employer that is a foreign person who is not controlled by a U.S. employer.

§ 7 protects substantial legal claims against restrictions. [9] This section guarantees that our rights to “life, liberty and security of the person” are violated only by laws consistent with the “principles of fundamental justice.” There are three established principles of fundamental justice. [10] A law restricting section 7 rights cannot be arbitrary: it must relate to a specific problem. The law should not be too broad: it can only restrict the rights of Article 7 to the extent necessary. Finally, a law must not be disproportionate: the limitation of rights must not outweigh the problem addressed by the law. According to section 59 of the Constitution Act, 1982 (paragraph 23(1)(a) of the Charter), the criterion “first official language learned and still understood” does not apply in Quebec. It may not be adopted without the consent of the National Assembly or the Gouvernement du Québec. To date, no such consent has been given.

Canadians have rights and freedoms under laws other than the Charter. The purpose of section 26 is to ensure that these rights or freedoms do not expire because they are not expressly defined in the Charter. It also clarifies that Parliament and legislators are free to create rights beyond those provided for in the Charter. In establishing fundamental or minimum rights, the Charter does not restrict the creation or enjoyment of other rights. Notwithstanding other provisions of this Subchapter, it is not unlawful for an employer to apply different standards of remuneration or different working conditions or privileges under a system of length of service or bona fide merit, or a system that measures income according to the quantity or quality of production, or workers working in different locations. provided that such differences are not due to an intention to discriminate on grounds of race, colour, religion, sex or national origin, and that it is not unlawful for an employer to carry out and act on the results of a professionally drawn aptitude test where that examination, administration or action is not designed on the basis of the results, intended or used to discriminate on the basis of race, colour, religion, sex or national origin. Under this subchapter, the practice of unlawful employment is not the practice of an employer making a distinction on the basis of sex in determining the amount of wages or remuneration paid or payable to employees of that employer where such differentiation is made by the provisions of section 206 (d) of title 29 (section 6 (d) of the Labour Standards Act, 1938, as amended]. The provisions of 18 [United States Code] sections 111 and 1114 apply to officers, officers, and employees of the Commission in the performance of their duties. Notwithstanding the provisions of 18 [United States Code] sections 111 and 1114, every person who violates the provisions of section 1114 of this title, kills a person, kills a person during or in connection with the performance of his official duties under this Act, is liable, during or in connection with the exercise of his official duties under this Act, imprisonment for one year or life imprisonment.

If a person is tried for a crime and found not guilty, he or she cannot be tried again on the same charge. If the person is convicted and punished for the crime, he or she cannot be tried or punished again (Article 11h). (c)] The President shall appoint as soon as possible after 2. July 1964 [date of entry into force of this Title] one or more conferences to enable the leaders of the groups whose members will be affected by this sub-chapter to acquaint themselves with the rights and obligations conferred by this sub-chapter and to draw up plans leading to the equitable and efficient administration of this sub-chapter; when all its provisions come into force. The President shall invite (1) members of the Presidential Commission on Equal Employment Opportunity, (2) members of the Citizens` Rights Commission, (3) representatives of public and local bodies working to promote equal opportunities in the labour market, (4) representatives of private institutions working to promote equal opportunities in the labour market to participate in these conferences, and (5) representatives of employers, trade unions and employment agencies subject to this subchapter.