Ms Lott Was Required by a Provision in the B

question 30

Multiple Choice

Ms. Lott was required by a provision in the B.C. School Act to retire from her position as an elementary teacher at the age of 65. She did not want to retire. She commenced an action against the school board. Which of the following is False with regard to this situation?

• A) A provision of the Charter of Rights and Freedoms of the Constitution Act prohibits discrimination.
• B) The Constitution allows the legislature to discriminate if it can be demonstrated that the discrimination is justified in a free and democratic society.
• C) The legislature, if it is acting within its authority (i.e., within s. 92 of the Constitution Act), can pass a statute that discriminates if it states that the statute will operate notwithstanding the provisions of the Charter of Rights and Freedoms.
• D) The federal legislature is the proper body to decide if the provincial School Act is lawful.
• E) The people of Canada, through their elected representatives, could change the Constitution Act, including the Charter of Rights and Freedoms.

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Definitions:

Maryland

A state located in the Mid-Atlantic region of the United States, known for its significant historical sites and diverse geography.

Individualized Suspicion

A legal principle that requires law enforcement to have specific evidence of crime relating to a particular individual before conducting a search or seizure.

Grand Jury

A legal body empowered to conduct official proceedings to investigate potential criminal conduct and to determine whether criminal charges should be brought.

Federal Courts

Courts established by the federal government having jurisdiction over questions of federal law and involving disputes between citizens of different states or countries.