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1.
R. v. Bharwani - 2025 SCC 26 - 2025-07-25
Supreme Court JudgmentsCriminal law
Canadian Charter of Rights and Freedoms, ss. 7, 11(d). Criminal Code, R.S.C. 1985, c. C‐46, ss. 2 “mental disorder”, “unfit to stand trial”, 16, 650, 672.11, 672.12, 672.14, 672.22, 672.23(1), 672.31, 672.47, 672.48, 672.54, 672.58, 672.851, 683, 686. [...] By doing so, Taylor protected the accused’s right to control their defence, a principle of fundamental justice under s. 7 of the Canadian Charter of Rights and Freedoms. The court also emphasized the serious consequences of unfitness findings and highlighted the existing safeguards during trial, including assistance from
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2.
R. v. Kloubakov - 2025 SCC 25 - 2025-07-24
Supreme Court JudgmentsConstitutional law
services and procuring person to offer or provide sexual services for consideration set out in Criminal Code infringe right to security of person of sex workers by preventing them from taking necessary safety measures — Canadian Charter of Rights and Freedoms, s. 7 — Criminal Code, R.S.C. 1985, c. C‐46, ss. 286.2, 286.3. [...] Canadian Charter of Rights and Freedoms, ss. 1, 7, 24(1). Criminal Code, R.S.C. 1985, c. C‐46, ss. 21, 91(1)(a), 95(1), 96(1), Part VIII, 279.01, 279.02, 286.1 to 286.4 [ad. 2014, c. 25, s. 20], 286.5. [...] [1] Just over a decade ago, in Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101, this Court held that several criminal offences related to the sale of sexual services infringed s. 7 of the Canadian Charter of Rights and Freedoms and could not be justified under s. 1. At the time, the exchange of sex
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3.
Judgment to be Rendered on Appeal - 2025-07-18
News Releasesin s. 7 of Canadian Charter of Rights and Freedoms — If so, whether these infringements can be justified under s. 1 of Canadian Charter of Rights and Freedoms — If infringements are not justified under s. 1, what remedies are most appropriate in this case — Canadian Charter of Rights and Freedoms, ss. 1, 7 — [...] However, after entering the convictions, the trial judge determined that the provisions in question were overbroad and that they deprived certain sex workers of the right to security without being in accordance with the principles of fundamental justice, thereby infringing s. 7 of the Canadian Charter of Rights and Freedoms
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4.
R. v. I.M. - 2025 SCC 23 - 2025-07-18
Supreme Court JudgmentsCriminal law
Canadian Charter of Rights and Freedoms, s. 7. Criminal Code, R.S.C. 1985, c. C‐46, ss. 13, 231(5)(e), 235(1), 718.2(e), 724(3)(e), 734(2), 742.1(a), 743.5, 745.1, 753(1), (4.1), 753.1. [...] [7] Importantly, the rule on rebutting the presumption of diminished moral blameworthiness in s. 72(1) YCJA must be read, if its meaning is uncertain, in a manner that conforms to the Canadian Charter of Rights and Freedoms. The Court has decided that there is a principle of fundamental justice under s. 7 of the Charter [...] [244] Gardiner pre‐dates the Canadian Charter of Rights and Freedoms. Pearson is a relatively early post‐Charter case.
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5.
R. v. S.B. - 2025 SCC 24 - 2025-07-18
Supreme Court JudgmentsCriminal law
to the YCJA, it took place after D.B. established the principle of diminished moral blameworthiness as a principle of fundamental justice under s. 7 of the Canadian Charter of Rights and Freedoms. It was therefore incumbent on the youth court judge, as the Court of Appeal observed, to identify and discuss the presumption.
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6.
R. v. Varennes - 2025 SCC 22 - 2025-07-11
Supreme Court JudgmentsCriminal law
Canadian Charter of Rights and Freedoms, ss. 7, 11(b), 24(1). Constitution Act, 1867, ss. 91(27), 92(14). [...] He argued, among other reasons, that pandemic-related delays to jury trials risked breaching his right to be tried within a reasonable time under s. 11(b) of the Canadian Charter of Rights and Freedoms. [4] The prosecution refused to consent to a judge-alone trial. [...] II, at pp. 2-8: [translation] “Motion for a trial by judge alone (section 473 of the Criminal Code and sections 7, 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms)”). The prosecution responded to the motion by repeating its refusal to consent.
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7.
R. v. Kinamore - 2025 SCC 19 - 2025-06-13
Supreme Court JudgmentsCriminal law
Canadian Charter of Rights and Freedoms, ss. 7, 11(d). Criminal Code, R.S.C. 1985, c. C‐46, ss. 276, (4) [ad. 2018, c. 29, s. 21], 278.93, 278.94, 278.95, 686(1)(b)(iii). [...] [26] However, in Seaboyer, this Court held that this evidentiary rule violated an accused’s right to a fair trial and right to make full answer and defence guaranteed by ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms. Trial fairness requires that an accused be able to adduce relevant evidence where its
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8.
R. v. Bouvette - 2025 SCC 18 - 2025-06-06
Supreme Court JudgmentsCriminal law
Canadian Charter of Rights and Freedoms, ss. 7, 24(1). Criminal Code, R.S.C. 1985, c. C‐46, ss. 579, 606(1.1), (4), 675(1), 678(2), 686, 696.3(3)(a)(ii). [...] [42] The court observed that a stay of proceedings was available to prevent an abuse of process, based on the appellate jurisdiction in s. 686(8) Cr. C. and s. 24(1) of the Canadian Charter of Rights and Freedoms (para. 118). Further, it wrote that because a court quashing a conviction is exercising a power conferred on it [...] The right to disclosure is protected by s. 7 of the Canadian Charter of Rights and Freedoms, which guarantees the accused’s ability to make full answer and defence (R. v. Taillefer, 2003 SCC 70, [2003] 3 S.C.R. 307, at para. 61; R. v. Dixon, [1998] 1 S.C.R. 244, at para. 22).
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9.
R. v. J.W. - 2025 SCC 16 - 2025-05-23
Supreme Court JudgmentsCriminal law
Canadian Charter of Rights and Freedoms, s. 11(b). Corrections and Conditional Release Act, S.C. 1992, c. 20. [...] While Moldaver J.’s observations in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, relate to the impact of delays on s. 11(b) of the Canadian Charter of Rights and Freedoms, I find them apt in this context as well. Timely trials have a bearing not only on the accused, but also on victims and witnesses (paras. 22-23).
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10.
Piekut v. Canada (National Revenue) - 2025 SCC 13 - 2025-04-17
Supreme Court JudgmentsBankruptcy and insolvency
Canadian Charter of Rights and Freedoms, s. 18(1). Constitution Act, 1867, s. 133. Direct Student Loan Regulations, N.S. Reg. 342/2008, ss. 2(e), (f), (j), 11. [...] the intention of the legislation, a court may have recourse to secondary principles of interpretation, including residual presumptions such as the strict construction of penal statutes or the presumption of conformity with the Canadian Charter of Rights and Freedoms (Bell ExpressVu, at para. 29; La Presse, at para. 24).
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11.
John Howard Society of Saskatchewan v. Saskatchewan (Attorney General) - 2025 SCC 6 - 2025-03-14
Supreme Court JudgmentsConstitutional law
Canadian Charter of Rights and Freedoms, ss. 1, 7, 8 to 14. Constitution Act, 1982, s. 52. [...] [2] Section 11(d) of the Canadian Charter of Rights and Freedoms guarantees all persons “charged with an offence” the right to be presumed innocent until proven guilty. [...] [100] This appeal poses the following question: To find that an inmate has committed a disciplinary offence under Saskatchewan’s inmate disciplinary proceedings, does the Canadian Charter of Rights and Freedoms require proof beyond a reasonable doubt, or is a lesser standard of proof, i.e., on a balance of probabilities,
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12.
Ontario (Attorney General) v. Working Families Coalition (Canada) Inc. - 2025 SCC 5 - 2025-03-07
Supreme Court JudgmentsConstitutional law
Canadian Charter of Rights and Freedoms, ss. 1, 2, 3, 4, 5, 7 to 15, 33. Constitution Act, 1982, s. 52(1). [...] “Les droits démocratiques (articles 3 à 5)”, in Errol Mendes and Stéphane Beaulac, eds., Canadian Charter of Rights and Freedoms, 5th ed. Markham, Ont.: LexisNexis, 2013, 563. Vallée, Pierre. [...] This right is protected under s. 3 of the Canadian Charter of Rights and Freedoms, which guarantees citizens not only the right to cast a vote, but also the right to meaningfully participate in the electoral process.
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13.
News Release - 2025-01-27
News ReleasesKey milestones, such as the coming into force of the Canadian Charter of Rights and Freedoms in 1982, signalled big changes for the Court. The diversity of the judges on the bench, the use of technology, and the protection of judicial independence have all contributed to the evolution of this important Canadian institution.
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14.
R. v. Campbell - 2024 SCC 42 - 2024-12-06
Supreme Court JudgmentsConstitutional law
Canadian Charter of Rights and Freedoms, ss. 8, 24(2). Controlled Drugs and Substances Act, S.C. 1996, c. 19, ss. 5(1), (2), 11. [...] I write separately only in response to the treatment of exigent circumstances and the analysis under s. 24(2) of the Canadian Charter of Rights and Freedoms by my colleagues, Justice Martin and Justice Moreau, in their dissenting reasons. [...] In my opinion, the police conduct did not amount to a search for the purposes of s. 8 of the Canadian Charter of Rights and Freedoms. Indeed, not all undercover police investigations result in a search or seizure within the meaning of s. 8 of the Charter.
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15.
Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan - 2024 SCC 39 - 2024-11-27
Supreme Court JudgmentsAboriginal law
Canadian Charter of Rights and Freedoms, s. 24(1). Civil Code of Québec, preliminary provision, arts. 6, 7, Book Five, 1375, 1376, 1425, 1434, 1437, 1607, 1611 et seq., 1613. [...] However, as authors Jean‐Louis Baudouin, Patrice Deslauriers and Benoît Moore observe regarding the remedy under s. 24(1) of the Canadian Charter of Rights and Freedoms, the State may nonetheless argue in defence that the private law remedy is capable of sufficiently addressing the breach (La responsabilité civile (9th ed.
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16.
TransAlta Generation Partnership v. Alberta - 2024 SCC 37 - 2024-11-08
Supreme Court JudgmentsAdministrative law
Administrative discrimination is different than discrimination in the context of the Canadian Charter of Rights and Freedoms or human rights legislation. It relates to the drawing of distinctions between persons or classes that are discriminatory in a non-pejorative sense, in that they simply do not apply equally to all [...] Canadian Charter of Rights and Freedoms. Matters Relating to Assessment and Taxation Regulation, Alta. [...] [41] Administrative discrimination is different than discrimination in the context of the Canadian Charter of Rights and Freedoms or human rights legislation: “When we speak of administrative discrimination, we are not speaking of discrimination based on personal characteristics, such as sex, race or religion, that is
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17.
R. v. Archambault - 2024 SCC 35 - 2024-11-01
Supreme Court JudgmentsCriminal law
Statutes
Canadian Charter of Rights and Freedoms, ss. 7, 11. Criminal Code, R.S.C. 1985, c. C‐46, ss. 151 [repl. 2012, c. 1, s. 11], 152, 153, 271 [idem, s. 25], 469, 482, 482.1, 523(2)(b), 535 [repl. 2002, c. 13, s. 24; repl. 2019, c. 25, s. 238], 536(2), (2.1), (4), (4.1), (4.3), 536.1(2), (3), 548(1)(a), (b), 555(1.1), (1.2), [...] The respondents in this case make no claim that the removal of this screening mechanism violated rights under the Canadian Charter of Rights and Freedoms. However, they argue that the impact of its loss on the accused’s substantive legal interests, which include constitutionally protected interests, must be considered when [...] Because the penalty for a criminal offence is presumed to be that in force when the offence was committed — and because of the guarantee under s. 11(i) of the Canadian Charter of Rights and Freedoms to the lesser punishment — they are each liable to a maximum of 10 years’ imprisonment.
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18.
R. v. Sabiston - 2024 SCC 33 - 2024-10-11
Supreme Court JudgmentsCanadian Charter of Rights and Freedoms, s. 24(2). APPEAL from a judgment of the Saskatchewan Court of Appeal (Barrington-Foote, Tholl and Drennan JJ.A.), 2023 SKCA 105, 429 C.C.C. (3d) 273, 543 C.R.R. (2d) 215, 497 D.L.R. (4th) 305, [2023] S.J. No. 322 (Lexis), 2023 CarswellSask 455 (WL), setting aside the conviction of [...] [5] The majority of the Court of Appeal did not err in excluding the firearm from evidence under s. 24(2) of the Canadian Charter of Rights and Freedoms. In the absence of a reasonable suspicion, the firearm would not have been discoverable.
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19.
Canada (Attorney General) v. Power - 2024 SCC 26 - 2024-07-19
Supreme Court JudgmentsConstitutional law
Canadian Charter of Rights and Freedoms, ss. 1, 11(h), (i), 24, 32(1), 33. Constitution Act, 1867, preamble, ss. 9, 17, 18, 55, 91. [...] Pilkington, Marilyn L. “Damages as a Remedy for Infringement of the Canadian Charter of Rights and Freedoms” (1984), 62 Can. Bar Rev. 517. Roach, Kent. Constitutional Remedies in Canada, 2nd ed. [...] [1] It is a fundamental principle of our constitutional order that courts have a duty to protect the rights guaranteed by the Canadian Charter of Rights and Freedoms from infringement by the state. However, other foundational constitutional principles require that the state be afforded the legislative autonomy to govern
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20.
Judgment to be Rendered on Appeal - 2024-07-15
News ReleasesHe sought damages pursuant to s. 24(1) of the Canadian Charter of Rights and Freedoms. Prior to trial, the appellant Attorney General of Canada sought a determination of questions of law, concerning whether the Crown could ever be held liable in damages in respect of the enactment of legislation that is later declared
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21.
R. v. Hodgson - 2024 SCC 25 - 2024-07-12
Supreme Court JudgmentsCriminal law
Canadian Charter of Rights and Freedoms, s. 11(h). Criminal Code, R.S.C. 1927, c. 36, s. 1013(4). [...] Our Court has held that the Crown’s ability to appeal an acquittal does not violate s. 11(h) of the Canadian Charter of Rights and Freedoms (R. v. Morgentaler, [1988] 1 S.C.R. 30, at pp. 155-56, per McIntyre J., dissenting, but not on this point).
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22.
York Region District School Board v. Elementary Teachers’ Federation of Ontario - 2024 SCC 22 - 2024-06-21
Supreme Court JudgmentsAdministrative law
Constitutional law
Canadian Charter of Rights and Freedoms, ss. 8, 23, 32. Constitution Act, 1867, s. 93. Education Act, R.S.O. 1990, c. E.2, ss. 8, 265. [...] [1] This appeal provides an opportunity for this Court to determine the applicability of the Canadian Charter of Rights and Freedoms to Ontario public school boards. [2] The private communications of two teachers, recorded on their personal, password-protected log, were read and captured by screenshots taken by their school [...] [108] We agree with the parties and Rowe J. that the issue of whether the Canadian Charter of Rights and Freedoms applies to Ontario public school boards is one that must be correctly determined by this Court.
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23.
Judgment to be Rendered on Appeal - 2024-05-31
News Releaseswithout putting together record or revealing very existence of court proceedings, contrary to open court principle protected by s. 2(b) of Canadian Charter of Rights and Freedoms — Whether, even though police informer privilege is absolute, its unrestrained interpretation may displace constitutional principle of open
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24.
R. v. T.W.W. - 2024 SCC 19 - 2024-05-24
Supreme Court JudgmentsCourts
Criminal law
Canadian Charter of Rights and Freedoms. Criminal Code, R.S.C. 1985, c. C‐46, ss. 2 “court of appeal”, “every one, person and owner”, 276, 276.3 [ad. 1992, c. 38, s. 2; rep. 2018, c. 29, s. 22], 278.1 to 278.98, 486.4, 691(1), 693(1)(a). [...] This Court has long recognized the importance of the open court principle as a vehicle to give effect to freedom of expression and fair trial rights under the Canadian Charter of Rights and Freedoms, as well as to promote confidence and integrity in the administration of justice (Dagenais v. Canadian Broadcasting Corp.,
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25.
R. v. Tayo Tompouba - 2024 SCC 16 - 2024-05-03
Supreme Court JudgmentsCriminal law
Canadian Charter of Rights and Freedoms, ss. 10(b), 14, 16 to 20, 33. Code of Professional Conduct for British Columbia (Law Society of British Columbia), r. 3.2-2.1. [...] [30] In addition, echoing s. 133 of the Constitution Act, 1867 and strengthening the constitutional protection provided to linguistic minorities across the country, ss. 16 to 20 of the Canadian Charter of Rights and Freedoms set out a series of legal guarantees that ensure institutional bilingualism at the federal level. [...] [179] For example, the constitutionally entrenched right to counsel under s. 10(b) of the Canadian Charter of Rights and Freedoms is fundamental to the very workings of our criminal justice system and ensures all accused are able to meaningfully respond to the charges.