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Environment committee It can arise in different ways. If you are in a proceeding in which a federal law applies—it could be in the context of criminal law, it could be a judicial review, perhaps, it could be a civil action against the federal crown in a provincial superior court, and so on--then as lo
November 22nd, 2010Committee meeting
Eric Nielsen
Environment committee Yes, the main one is in paragraph 1(a). It's the right to the enjoyment of property and the right not to be deprived thereof, except by due process of law.
November 22nd, 2010Committee meeting
Eric Nielsen
Environment committee It has in the past. The most recent case I'm aware of was the Authorson case, 2003, Supreme Court of Canada. A claim was made that a certain law deprived the claimants of their property without due process, and they lost at the Supreme Court of Canada.
November 22nd, 2010Committee meeting
Eric Nielsen
Environment committee Judging by the past, you can look at two elements in the Canadian Bill of Rights. In section 1, Parliament has declared a number of rights that in its judgment had existed and shall continue to exist, and that is where the new right to a healthy and ecologically balanced environm
November 22nd, 2010Committee meeting
Eric Nielsen
Environment committee I'm not sure I'm understanding your concern. Overruled by the charter in the sense that...?
November 22nd, 2010Committee meeting
Eric Nielsen
Environment committee Of course, the right to the healthy and ecologically balanced environment would be added only to the Canadian Bill of Rights and not to the charter. The charter is part of the supreme law of Canada. It always controls all other subordinate laws. That would include the Canadian Bi
November 22nd, 2010Committee meeting
Eric Nielsen