25. Aboriginal rights and freedoms not affected by Charter - The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including |
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(a)
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any rights or freedoms that now exist by way of land claims agreements, or may be so acquired. [51/84-102, eff June 21/84] |
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(b)
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any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement. |
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26. Other rights and freedoms not affected by Charter - The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada. |
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27. Multicultural heritage - The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada. |
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28. Rights guaranteed equally to both sexes - Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons. |
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| Judicial Consideration - | ||
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Weatherall v AG Canada et al; Conway v The Queen; Spearman v Disciplinary Tribunal, Collins Bay Penitentiary et al - (1989) 59 CR (3d) 247 (FCTD) |
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- This section was considered by the court but held to have no significant effect in the circumstances. In the court's view, this section added nothing because the laws and practices in question had already been declared invalid by virtue of ss8 and 15 of the Charter. The court had held that to the extent that s8 is infringed by cross-gender searching or the viewing of male inmates in their cells while the same intrusion is not forced on female prisoners, then s8 rights are not being respected equally with respect to male and female persons. |
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29. Rights respecting certain schools preserved - Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools. |
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30. Application to territories and territorial authorities - A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be. |
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31. Legislative powers not extended - Nothing in this Charter extends the legislative powers of any body or authority. |
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