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Charter Challenges: Application Today and Guarantees Equality

charter challenges: It also argues the law has a disproportionate impact on women particularly Muslim women and therefore infringes Section 28, which guarantees equality of the sexes, according to National Observer. Don't miss out on the latest news Sign up for our daily briefing While Bill 21 invokes the Constitution's notwithstanding clause to shield it from charter challenges, the filing argues neither Sections 23 or 28 are subject to the clause. In an application today seeking judicial review, lawyers for the board hinge their challenge on Section 23 of the Canadian Charter of Rights and Freedoms, which guarantees minority language educational rights to linguistic minorities. The board has noted that several Supreme Court of Canada decisions have upheld Section 23, which gives communities the right to manage their public school systems. It prohibits public servants deemed to be in positions of authority including teachers, judges and police officers from wearing religious symbols, such as turbans, kippas and hijabs. ; There is a grandfather clause exempting those who were employed before the bill was tabled in the spring, as long as they stay in their current jobs. Bill 21 came into effect in June. ( As reported in the news.