| 翻訳と辞書 |
| Nova Scotia (Workers' Compensation Board) v Martin; Nova Scotia (Workers' Compensation Board) v Laseur ： ウィキペディア英語版 |
Nova Scotia (Workers' Compensation Board) v Martin; Nova Scotia (Workers' Compensation Board) v Laseur
''Nova Scotia (Workers' Compensation Board) v Martin; Nova Scotia (Workers' Compensation Board) v Laseur'', () 2 S.C.R. 504, 2003 SCC 54, is a leading Supreme Court of Canada decision. The Court re-examined the authority of tribunals to hear constitutional challenges and their power to strike down legislation under section 52(1) of the ''Constitution Act, 1982''. In doing so the Court overturned the previous decision of ''Cooper v. Canada (Human Rights Commission)'', (1996). Also, the Court struck down provisions within Nova Scotia's ''Workers' Compensation Act'' that prohibited people who were disabled by chronic pain from benefits as a violation of section 15(1) of the ''Canadian Charter of Rights and Freedoms''.
==Background==
Donald Martin and Ruth Laseur both suffered from chronic pain caused by work injuries. They attempted to claim compensation from the injury but the Worker's Compensation Board denied any benefits.
They challenged the ''Worker's Compensation Act'' as a violation of equality rights under section 15(1) of the ''Charter'' for denying benefits to those with chronic pain. The Appeals Tribunal held that the ''Charter'' was violated in Martin's case.
The government appealed the decision and the Nova Scotia Court of Appeal held that the tribunal did not have the authority to apply the ''Charter''. To arrive at this conclusion the court had followed the ''Cooper'' case. In that decision the Supreme Court was divided on when the ''Charter'' could be used. McLachlin argued that the Charter belonged "to the people" and so must be granted liberally. Lamer had argued otherwise, stating that only courts of proper authority could use it. The compromise was that it could only be used where there was clear legislative intent. On the facts here there was no clear legislative intent and so the appeal court found no authority.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Nova Scotia (Workers' Compensation Board) v Martin; Nova Scotia (Workers' Compensation Board) v Laseur」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|