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- Xref: sparky can.politics:9905 soc.culture.canada:8750 can.general:5431
- Newsgroups: can.politics,soc.culture.canada,can.general
- Path: sparky!uunet!uunet.ca!wildcan!sq!msb
- From: msb@sq.sq.com (Mark Brader)
- Subject: Re: Gay rights and the Charter
- Message-ID: <1992Nov22.100520.14554@sq.sq.com>
- Organization: SoftQuad Inc., Toronto, Canada
- References: <1992Nov20.172940.2038@mdivax1.uucp> <1en1rlINNb6b@iskut.ucs.ubc.ca> <1en5pmINNbbb@iskut.ucs.ubc.ca>
- Date: Sun, 22 Nov 92 10:05:20 GMT
- Lines: 35
-
- Mathew B Englander (mathew@unixg.ubc.ca) writes a nice article on the
- topic of the Subject line. He quotes this passage:
-
- > 15. (1) Every individual is equal before and under the
- > law and has the right to the equal protection and equal
- > benefit of the law without discrimination ...
-
- which is fine. However, he begins by saying *this*:
-
- > The Canadian Charter of Rights and Freedoms applies only to governments,
- > not to private individuals or corporations. For example, the Charter
- > provides for freedom of expression, but if your employer is somehow
- > limiting your freedom to talk, you have *no* recourse to the Charter.
-
- which I do not think is right. Certainly such an interpretation
- seems to apply to subsection 15(1). But the wording of the section
- granting freedom of expression is different. I don't have a copy at
- hand, but it is simple enough to remember. It begins:
-
- | Everyone has the right to freedom of expression ...
-
- and there's nothing about laws or governments in it. I note in
- passing that this is an improvement on the U.S. version, which
- *does* confine itself to stating what laws shall not be passed.
-
- (This doesn't necessarily mean that an employee is free to express
- themselves in ways harmful to the employer and escape the consequences.
- I believe it *does* mean that SoftQuad couldn't tell me not to engage
- in a political campaign, say.)
- --
- Mark Brader "'Settlor', (i) in relation to a testamentary trust,
- Toronto means the individual referred to in paragraph (i)."
- utzoo!sq!msb, msb@sq.com -- Income Tax Act of Canada, 108(1)(h)
-
- This article is in the public domain.
-