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3,436 result(s)

  • 1.

    R. v. Andrews - [1990] 3 SCR 870 - 1990-12-13

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 11( d ) , 27 . Criminal Code , R.S.C., 1985, c. C‐46 , s. 319(2) , (3) [previously R.S.C. 1970, c. C‐34, s. 281.2 [ad. c. 11 (1st Supp.), s. 1]].   [...]   s. 319(2) of the Criminal Code of Canada, R.S.C., 1985, c. C-46 ) is an infringement of s. 2( b ) of the Canadian Charter of Rights and Freedoms , can it be upheld under s. 1 of the Canadian Charter of Rights and Freedoms as a reasonable limit prescribed by law and demonstrably justified in a free and democratic society?   [...]   s. 319(2) of the Criminal Code of Canada, R.S.C., 1985, c. C-46 ) is an infringement of s. 2( b ) of the Canadian Charter of Rights and Freedoms , can it be upheld under s. 1 of the Canadian Charter of Rights and Freedoms as a reasonable limit prescribed by law and demonstrably justified in a free and democratic society?

  • 2.

    R. v. Stagnitta - [1990] 1 SCR 1226 - 1990-05-31

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 7 . Criminal Code, R.S.C. 1970, c. C‐34, s. 195.1(1)(c) [ad. 1972, c. 13, s. 15; rep.   [...]  1.Does s. 195.1(1)(c) of the Criminal Code infringe or deny the right of freedom of expression guaranteed by s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 2.Does s. 195.1(1)(c) of the Criminal Code infringe or deny the right guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms on the grounds of   [...]  1.Does s. 195.1(1)(c) of the Criminal Code infringe or deny the right of freedom of expression guaranteed by s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 2.Does s. 195.1(1)(c) of the Criminal Code infringe or deny the right guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms on the grounds of

  • 3.

    Ford v. Quebec (Attorney General) - [1988] 2 SCR 712 - 1988-12-15

    Supreme Court Judgments
    Constitutional law
    Statutes

    C. The Canadian Charter of Rights and Freedoms and the Constitution Act, 1982 Sections 1 and 2(b) of the Canadian Charter of Rights and Freedoms and s. 52(1) of the Constitution Act, 1982 provide:   [...]  A legislature may not be in a position to judge with any degree of certainty what provisions of the Canadian Charter of Rights and Freedoms might be successfully invoked against various aspects of the Act in question.   [...]   the guarantee of freedom of expression under s. 2(b) of the Canadian Charter of Rights and Freedoms. Sections 205 to 208 of the Charter of the French Language to the extent they apply to s. 69 thereof are inconsistent with the guarantee of freedom of expression under s. 2(b) of the Canadian Charter of Rights and Freedoms.

  • 4.

    R. v. Skinner - [1990] 1 SCR 1235 - 1990-05-31

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Section 2 of the Canadian Charter of Rights and Freedoms guarantees that everyone has, among others, the following fundamental freedoms:   [...]  Question 3.If s. 195.1(1)(c) of the Criminal Code infringes rights guaranteed by s. 2( b ) or s. 2( d ) of the Canadian Charter of Rights and Freedoms , is s. 195.1(1)(c) justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  3.If s. 195.1(1)(c) of the Criminal Code infringes rights guaranteed by s. 2( b ) or s. 2( d ) of the Canadian Charter of Rights and Freedoms , is s. 195.1(1)(c) justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 5.

    Devine v. Quebec (Attorney General) - [1988] 2 SCR 790 - 1988-12-15

    Supreme Court Judgments
    Constitutional law

    2. Whether there is a valid and subsisting override provision, enacted pursuant to s. 33 of the Canadian Charter of Rights and Freedoms , which protects the above provisions from the application of the Canadian Charter ;   [...]  3. Whether the above provisions infringe the freedom of expression guaranteed by s. 2( b ) of the Canadian Charter of Rights and Freedoms and s. 3 of the Quebec Charter of Human Rights and Freedoms, R.S.Q., c. C‐12; and   [...]  The issues with respect to the Canadian Charter of Rights and Freedoms were raised for the first time in this Court. I

  • 6.

    News release of September 18, 1997 - 1997-09-18

    News Releases

    or denials of any person’s rights and freedoms as guaranteed by section 11( d ) of the Canadian Charter of Rights and Freedoms within reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society within the meaning of section 1 of the Canadian Charter of Rights and Freedoms ?   [...]   c. C275, does it violate in whole or in part the rule of law and/or the requirement of an independent and impartial tribunal imposed by s. 11( d ) of the Canadian Charter of Rights and Freedoms ? (b) If so, can the provision be justified as a reasonable limit under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   does that provision violate in whole or in part the rule of law and/or the requirement of an independent and impartial tribunal imposed by s. 11( d ) of the Canadian Charter of Rights and Freedoms ? (b) If so, can the provision be justified as a reasonable limit under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 7.

    R. v. Luxton - [1990] 2 SCR 711 - 1990-09-13

    Supreme Court Judgments
    Constitutional law
    Criminal law

    s. 214(5)(e)] of the Criminal Code inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? 4. Is s. 231(5)(e) [then s. 214(5)(e)] in combination with s. 742(a) [then s. 669(a)] of the Criminal Code inconsistent with ss. 7, 9 and, or in the alternative, s. 12 of the Canadian Charter of Rights and Freedoms ?   [...]   of the Criminal Code inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? A. No. 4. Is s. 231(5)(e) [then s. 214(5)(e)] in combination with s. 742(a) [then s. 669(a)] of the Criminal Code inconsistent with ss. 7, 9 and, or in the alternative, s. 12 of the Canadian Charter of Rights and Freedoms ?   [...]   s. 214(5)(e)] of the Criminal Code inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? 4. Is s. 231(5)(e) [then s. 214(5)(e)] in combination with s. 742(a) [then s. 669(a)] of the Criminal Code inconsistent with ss. 7, 9 and, or in the alternative, s. 12 of the Canadian Charter of Rights and Freedoms ?

  • 8.

    R. v. Hufsky - [1988] 1 SCR 621 - 1988-04-28

    Supreme Court Judgments
    Constitutional law
    Criminal law

    be arbitrarily detained as guaranteed by s. 9 of the Canadian Charter of Rights and Freedoms ? 3. If the answer to question 2 above is in the affirmative, is such statutorily permitted conduct justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  4. Was the appellant's right to be secure against unreasonable search as guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms infringed by the "spot check" procedure employed by the investigating officer herein?   [...]  1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

  • 9.

    Reference Re Ng Extradition (Can.) - [1991] 2 SCR 858 - 1991-09-26

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 12 . Constitution Act, 1982 . Extradition Act, R.S.C., 1985, c. E‐23, s. 25.   [...]  2. If the answer to question 1 is in the affirmative, is s. 25 of the Extradition Act, R.S.C., 1985, c. E-23, a reasonable limit of the rights of a fugitive within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms , and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  2. If the answer to question 1 is in the affirmative, is s. 25 of the Extradition Act, R.S.C., 1985, c. E-23, a reasonable limit of the rights of a fugitive within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms , and therefore not inconsistent with the Constitution Act, 1982 ?

  • 10.

    Judgments in Appeals and Leave Applications - 2015-11-19

    News Releases

    of the National Defence Act , R.S.C. 1985, c. N-5 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. 2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   of the National Defence Act , R.S.C. 1985, c. N-5 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. 4. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   of the National Defence Act , R.S.C. 1985, c. N-5 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. 4. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 11.

    R. v. LePage - [1999] 2 SCR 744 - 1999-06-17

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) . Criminal Code , R.S.C., 1985, c. C-46 [am. 1991, c. 43], Part XX.1, ss. 672.47, 672.54.   [...]  1. Does s. 672.54 of the Criminal Code , R.S.C., 1985, c. C-46 , infringe the rights and freedoms guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms on the ground that it discriminates against people with a mental disorder or mental disability?   [...]  10 This appeal requires us to consider whether Part XX.1 of the Criminal Code , R.S.C., 1985, c. C-46 , infringes s. 7 or s. 15 of the Canadian Charter of Rights and Freedoms , and if so, whether it can be upheld under s. 1.

  • 12.

    Reference re ss. 193 and 195.1(1)(C) of the criminal code (Man.) - [1990] 1 SCR 1123 - 1990-05-31

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , being Part I of the Constitution Act, 1982 and the   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 7 , 8 to 14 . Constitution Act, 1982 , s. 52(1) .   [...]  1.Is s. 193 of the Criminal Code of Canada inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? 2.Is s. 195.1(1)(c) of the Criminal Code of Canada inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ?

  • 13.

    R. v. Wiggins - [1990] 1 SCR 62 - 1990-01-25

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Evidence

    This appeal was primarily concerned with the protection accorded by s. 8 of the Canadian Charter of Rights and Freedoms against electronic recording of the conversations of individuals with the police and informers in the absence of judicial authorization.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 8 , 24(2) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 178.11(2)(a), 178.16(1)(b), 423(1)(d).   [...]  In short, this appeal is concerned with the protection accorded by s. 8 of the Canadian Charter of Rights and Freedoms against electronic recording of the conversations of individuals with the police and informers in the absence of judicial authorization.

  • 14.

    Judgment in Appeal / Jugement sur appel - 2007-02-23

    News Releases

    , in whole or in part or through their combined effect, infringe s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  , in whole or in part or through their combined effect, infringe s. 9 of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   in whole or in part or through their combined effect, infringe s. 10 of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 8. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 15.

    R. v. Simmons - [1988] 2 SCR 495 - 1988-12-08

    Supreme Court Judgments
    Constitutional law
    Customs and excise
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 1 , 8 , 10( b ) , 24(2) . Constitution Act, 1982 , s. 52 .   [...]  4. If sections 143 and 144 of the Customs Act, R.S.C. 1970, c. C‐40, are found to be inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms , are these sections justified by s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  4. If sections 143 and 144 of the Customs Act, R.S.C. 1970, c. C‐40, are found to be inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms , are these sections justified by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 16.

    Bese v. British Columbia (Forensic Psychiatric Institute) - [1999] 2 SCR 722 - 1999-06-17

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) . Criminal Code , R.S.C., 1985, c. C‐46 [am. 1991, c. 43], Part XX.1, ss. 672.54, 672.72.   [...]  3. If so, can these infringements be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? The answers to the preceding questions make it unnecessary to answer this question.   [...]  16 This appeal requires us to consider whether Part XX.1 of the Criminal Code , R.S.C., 1985, c. C-46 , infringes s. 7 or s. 15 of the Canadian Charter of Rights and Freedoms , and if so, whether it can be upheld under s. 1.

  • 17.

    News release of June 17, 1999 - 1999-06-17

    News Releases

    3. If so, can these infringements be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? The answers to the preceding questions make it unnecessary to answer this question.   [...]  3. If so, can these infringements be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? The answers to the preceding questions make it unnecessary to answer this question.   [...]  3. If so, can these infringements be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? The answers to the preceding questions make it unnecessary to answer this question.

  • 18.

    Stelco Inc. v. Canada (Attorney General) - [1990] 1 SCR 617 - 1990-03-29

    Supreme Court Judgments
    Competition law
    Constitutional law
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 . Combines Investigation Act, R.S.C. 1970, c. C‐23, ss. 8 [am. 1974‐75‐76, c. 76, s. 4], 17, 20(1), 34(1) [am. 1974‐75‐76, c. 76, s. 16].   [...]  1.Is s. 17 of the Combines Investigation Act, R.S.C. 1970, c. C-23, inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms and, therefore of no force or effect? Answer: Yes.   [...]  1.Is s. 17 of the Combines Investigation Act, R.S.C. 1970, c. C-23, inconsistent with the provisions of ss. 7 and 8 of the Canadian Charter of Rights and Freedoms , and therefore of no force or effect? Answer: No.

  • 19.

    Orlowski v. British Columbia (Forensic Psychiatric Institute) - [1999] 2 SCR 733 - 1999-06-17

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) . Criminal Code , R.S.C., 1985, c. C-46 [am. 1991, c. 43], Part XX.1, ss. 672.54, 672.72.   [...]  3. If so, can these infringements be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? The answers to the preceding questions make it unnecessary to answer this question.   [...]  15 This appeal requires us to consider whether Part XX.1 of the Criminal Code , R.S.C., 1985, c. C-46 , infringes s. 7 or s. 15 of the Canadian Charter of Rights and Freedoms , and if so, whether it can be upheld under s. 1.

  • 20.

    R. v. Pan; R. v. Sawyer - 2001 SCC 42 - [2001] 2 SCR 344 - 2001-06-29

    Supreme Court Judgments
    Constitutional law
    Criminal law

    common law rule a reasonable limit, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ; and if not, ought the said common law rule to be modified to conform with the said Canadian Charter of Rights and Freedoms ?   [...]   s. 7 , 11( d ) or 11( f ) of the Canadian Charter of Rights and Freedoms ? 8. If the answer to Question 7 is yes, is s. 653(2) of the Criminal Code a reasonable limit, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  7. Does s. 653(2) of the Criminal Code violate s. 7 , 11( d ) or 11( f ) of the Canadian Charter of Rights and Freedoms ? Answer: It is unnecessary to answer this question.

  • 21.

    R. v. Morales - [1992] 3 SCR 711 - 1992-11-19

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 9 , 10 , 11( b ) , 11( d ) , 11( e ) .   [...]   Code limit ss. 7 , 9 , 11( d ) and 11( e ) of the Canadian Charter of Rights and Freedoms ? 4.If the answer to this question is affirmative, are ss. 515(6) (a) and 515(6) (d) of the Criminal Code a reasonable limit in a free and democratic society and justified under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  The issue in the present case is governed by s. 11( e ) of the Canadian Charter of Rights and Freedoms which reads: 11. Any person charged with an offence has the right

  • 22.

    Agenda / Calendrier - 2010-03-08

    News Releases

    Court of the Province of Quebec, Criminal Division, 2002, SI/2005‐19, infringe s. 2( b ) of Canadian Charter of Rights and Freedoms ‐ If so, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Canadian Charter of Rights and Freedoms .   [...]   Court of the Province of Quebec, Criminal Division, 2002, SI/2005‐19, infringe s. 2( b ) of Canadian Charter of Rights and Freedoms ‐ If so, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Canadian Charter of Rights and Freedoms .   [...]   to 38.16 of the Canada Evidence Act , R.S.C. 1985, c. C‐5 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? ‐ If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 23.

    Judgment in Appeals / Jugements sur pourvois - 2001-06-29

    News Releases

    1. Does s. 649 of the Criminal Code infringe the rights and freedoms guaranteed by s. 7 , 11( d ) or 11( f ) of the Canadian Charter of Rights and Freedoms ? Answer: It is unnecessary to answer this question.   [...]   common law rule a reasonable limit, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ; and if not, ought the said common law rule to be modified to conform with the said Canadian Charter of Rights and Freedoms ?   [...]  7. Does s. 653(2) of the Criminal Code violate s. 7 , 11( d ) or 11( f ) of the Canadian Charter of Rights and Freedoms ? Answer: It is unnecessary to answer this question.

  • 24.

    Agenda - 2013-06-03

    News Releases

    ‐ Does section 212(1)(j) of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? ‐ If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?  [...]  ‐ Does section 213(1)(c) of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? ‐ If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?  [...]   section 213(1)(c) of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 2(b) of the Canadian Charter of Rights and Freedoms ? ‐ If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 25.

    Siemens v. Manitoba (Attorney General) - 2003 SCC 3 - [2003] 1 SCR 6 - 2003-01-30

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 6 , 7 , 15(1) . Constitution Act, 1867 , ss. 91(27) , 92(13) , (15) , (16) .   [...]  Canadian Charter of Rights and Freedoms 2. Everyone has the following fundamental freedoms:   [...]  (5) Is s. 16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? (6) If the answer to question 5 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms ?