What charter amendments and referenda passed in Brevard County? Here's what you need to know (2023)

FAQs

What is Brevard County Section 2.7 of the charter? ›

Section 2.7 Vacancies and Suspensions

Unless otherwise required by the State Constitution or general law, if more than one year remains in the term of office at the time the vacancy occurs, the vacancy shall be filled by a special election.

The Brevard County Home Rule Charter requires that every six years, a Charter Review Commission be appointed for the purposes of reviewing the existing Charter. The Charter Review Commission is made up of 15 members, three appointees from each of the Brevard County Commissioners to represent their Commission Districts.

Editor's note— Printed herein is the Charter for the County of Brevard, as adopted by the County Commission on November 8, 1994.

Brevard County shall be a home rule charter county, and, except as may be limited by this Home Rule Charter, shall have all powers of self-government granted now or hereafter by the Constitution and laws of the State of Florida.

The notwithstanding clause, or Section 33 of the charter, gives parliaments in Canada the power to override certain portions of the charter for five-year terms when passing legislation.

52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.

The right to acquire, possess, and protect your property. The right to use and enjoy your property. The right to exclude others from your property. The right to dispose of your property.

A home rule charter is essentially a local constitution: it sets up the government structure and outlines its authority and its limitations. Under home rule, a county or municipality can do anything that's not specifically denied by the state constitution, the General Assembly, or the charter itself.

Charters stand in relationship to a county, city, village, or town the same way that a state constitution does to a state or a federal constitution does to a nation. They define the powers and functions of elected officials as well as the organization and procedures of local government.

Any changes require the agreement of Parliament plus the legislatures of seven provinces representing at least 50 per cent of Canada's population. The Charter has been amended twice since its enactment. After many months of passionate public debate, the Charter took effect as part of the Constitution Act, 1982.

How close can you build to the property line in Brevard County Florida? ›

Structures shall be set back not less than 25 feet from the front lot line, not less than 15 feet from the side lot lines, and not less than 20 feet from the rear lot line. On a corner lot, the side street setback shall be not less than 15 feet.

Brevard County borrows playbook from Melbourne and effectively bans panhandling. Brevard County officials Tuesday passed a law that prohibits individuals from loitering on the public right of ways along Space Coast roads and intersections.

Board Structure

A county charter can provide a local method for filling vacancies on the Board of Supervisors. In the absence of such a provision, the Governor appoints a successor.

- Construction permit required. It shall be unlawful to construct or perform any major repair on any fence in the unincorporated areas of the county without first obtaining a construction permit.

How many animals are you allowed to have? Four (4) adult dogs. Puppies under six (6) months there is no limit. Code Enforcement is the agency that enforces such law.

Section 27 - Multicultural heritage. 27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians. Section 27 recognizes that Canada is home to many cultural groups and seeks to maintain and promote multiculturalism.

Section 25 protects three categories of rights and freedoms against Charter claims: (1) aboriginal rights, (2) treaty rights, and (3) other rights or freedoms that pertain to the aboriginal peoples of Canada.

Section 24(1) provides remedies against unconstitutional government action; section 24(2) provides for the exclusion of evidence obtained in violation of the Charter; and section 52(1) of the Constitution Act, 1982 provides that a law that is inconsistent with the Constitution is, to the extent of the inconsistency, of ...

Section 13 of the Charter protects a witness who testifies in any proceeding from having incriminating evidence given by him or her used to incriminate that witness in any other proceeding, except in a prosecution for perjury or for giving contradictory evidence.

That is, section 15(2) enables governments to combat discrimination through programs aimed at helping disadvantaged groups without fear of challenge under section 15(1) by groups that do not share that disadvantage (Kapp, supra at paragraph 16).

Why is Section 14 of the Charter important? ›

Section 14 of the Canadian Charter of Rights and Freedoms guarantees the right to the assistance of an interpreter for any party or witness who does not understand or speak the official language in which Court proceedings are conducted (English or French), or who is deaf.

Section 2(c) includes the right to participate in peaceful demonstrations, protests, parades, meetings, picketing and other assemblies.

Everyone has the following fundamental freedoms: freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.

Under section 2of the Charter, Canadians are free to follow the religion of their choice. In addition, they are guaranteed freedom of thought, belief and expression. Since the media are an important means for communicating thoughts and ideas, the Charter protects the right of the press and other media to speak out.

Purpose. Section 7 of the Charter requires that laws or state actions that interfere with life, liberty and security of the person conform to the principles of fundamental justice — the basic principles that underlie our notions of justice and fair process (Charkaoui v.

The focus of section 15(1) is on preventing governments from making distinctions based on enumerated or analogous grounds that have the effect of perpetuating disadvantage or prejudice or imposing disadvantage on the basis of stereotyping.

It sets out the basic principles of democratic government in Canada, and includes Canada's Charter of Rights and Freedoms. Section 35 of the Constitution Act, 1982 explicitly recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada.

Section 25 guarantees that no rights protected under the Charter will be used to abrogate or derogate from right belonging to Aboriginal people (including land rights and rights under the Royal Proclamation), . Section 35 provides distinct recognition and affirmation of existing Aboriginal and Treaty rights.

Its role is to establish a rule regarding how frequently the Parliament of Canada and the legislatures of the provinces and territories of Canada must meet. This section is thus meant to reflect and constitutionally guarantee a "basic democratic principle" that "a government must explain its actions to the people."

Section 12 prohibits treatment or punishment that is “grossly disproportionate” in the circumstances; in other words, one that would “outrage our society's sense of decency” such that Canadians would find it “abhorrent or intolerable” (R. v. Smith, [1987] 1 S.C.R.

Why is Section 3 of the Charter important? ›

Section 3 of the Canadian Charter of Rights and Freedoms deals with the democratic rights of citizens: 3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

Deciding that a purposive approach to the Charter dictated a comprehensive approach to mobility rights, the court held that section 6 was designed to protect the right of a citizen, or a permanent resident, to move about the country, to reside where he or she wishes, and to pursue his or her livelihood without regard ...

Section 7 of the Charter explicitly states that “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”10 The focus of this paper will be the security of the person protection.

Supreme Court jurisprudence explains the purpose of section 11 generally as protecting liberty and security interests of persons accused of crimes, while noting that it is not the sole source of such protection under the Charter (R. v. Kalanj, [1989] 1 S.C.R. 1594).

Section 24(2) obliges law enforcement authorities to respect the exigencies of the Charter and precludes improperly obtained evidence from being admitted when it impinges on the fairness of the trial (R. v. Burlingham, [1995] 2 S.C.R.