Re: RE: Harper vows free vote
If Harper has a federal or provincial majority. Also, any legislation passed based on the notwithstanding clause has to go through the same proceedure (fed/prov majority) every 5 yrs. Invoking that clause does not result in the legislation being written in stone.
I think not said:Said1 said:I think not said:Said1 said:Back to the notwithstanding clause. I don't think it'll fly becaue a federal or provincial majority all that is needed to invoke it, but would Harper have that? Then the decision can be taken to court, where it will more than likely be squashed since our constitution includes homosexuals when refering to gender. As far as a free vote goes, I think it would pass that way too, but I don't forsee that happening.
Could you cite this for me please?
The courts have accepted that section 15 is to be interpreted broadly, and that “analogous” grounds, i.e., personal characteristics other than those listed, may also form the basis for discrimination against a group or an individual (Andrews v. Law Society of B.C.). In 1995, the view that sexual orientation is such an “analogous” ground, and therefore a prohibited ground of discrimination under the Charter, was confirmed by the Supreme Court of Canada in the Egan decision discussed below under the heading “Same-Sex Spouses.”
Link
Other related infor, mainly pertaining to same-sex benefits ect.
And here's the major question. Can the notwithstanding clause still be invoked?
If Harper has a federal or provincial majority. Also, any legislation passed based on the notwithstanding clause has to go through the same proceedure (fed/prov majority) every 5 yrs. Invoking that clause does not result in the legislation being written in stone.