Case Law
Scholar Celeste Hutchinson remarks in an article that little has been done with section 25 by the courts. However, she points to the British Columbia Court of Appeal case R. v. Kapp as one that discusses section 25's application. She argues Kapp failed to resolve the issue of whether section 25 is only applied when the Charter is violated, or if applies earlier, when a Charter challenge is raised. Nevertheless, Hutchinson did feel Kapp provided some significant discussion of section 25. In Kapp, Justice Kirkpatrick endorsed the view that section 25 is first considered when a Charter challenge is raised, and made a three-step test asking (1) is the right in question a treaty, Aboriginal or other right related to Aboriginals? (2) if it falls in the "other" category, does it relate to a part of Aboriginal life? (3) would the remedy possibly given by the Charter limit Aboriginal rights?
Read more about this topic: Section Twenty-five Of The Canadian Charter Of Rights And Freedoms
Famous quotes containing the words case and/or law:
“The bond between a man and his profession is similar to that which ties him to his country; it is just as complex, often ambivalent, and in general it is understood completely only when it is broken: by exile or emigration in the case of one’s country, by retirement in the case of a trade or profession.”
—Primo Levi (1919–1987)
“Unless we maintain correctional institutions of such character that they create respect for law and government instead of breeding resentment and a desire for revenge, we are meeting lawlessness with stupidity and making a travesty of justice.”
—Mary B. Harris (1874–1957)