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3,436 result(s)
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3,301.
R. v. Morgentaler - [1993] 3 SCR 463 - 1993-09-30
Supreme Court JudgmentsConstitutional law
The impact of the Canadian Charter of Rights and Freedoms on legislation of this kind, while an important subject, is not in issue here.
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3,302.
SCR | RCS [2013] vol 2 - 2013-07-26
Canada Supreme Court ReportsCanadian Charter of Rights and Freedoms. Industrial Relations Act, R.S.N.B. 1973, c. I-4, ss. 32(1), 55(1), 77(1). [...] Canadian Charter of Rights and Freedoms. Department of Public Safety and Emergency Preparedness Act, S.C. 2005, c. 10. [...] 780 CONSEIL SCOLAIRE FRANCOPHONE v. B. C. Canadian Charter of Rights and Freedoms, ss. 16 to 20, 23. Court of Appeal Rules, B.C. Reg. 297/2001, r. 53.
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3,303.
SCR | RCS [2007] vol 3 - 2007-12-20
Canada Supreme Court ReportsAucun autre délit n'offre de réparation Canadian Charter of Rights and Freedoms and fosters adéquate en cas d'enquête policière négligente. [...] Canadian Charter of Rights and Freedoms, ss. 1, 2(b), 8, 11(d), 24(2). Criminal Code, R.S.C. 1985, c. C-46, ss. 486(1), 537(1)(i). [...] Canadian Charter of Rights and Freedoms, s. 2. Canadian Multiculturalism Act, R.S.C. 1985, c. 24 (4th Supp.).
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3,304.
Part 3, 2019 Vol. 2 ([2019] 2 SCR 579-829) - 2019-05-31
Canada Supreme Court ReportsCanadian Charter of Rights and Freedoms, ss. 7, 11(d), (h), 15. Criminal Code, R.S.C. 1985, c. C-46, ss. 19, 150.1(4), 222(5)(a), 231(5)(c), 234, 235, 265(2), (4), 271, 272, 273, 273.1(1), (2), (3), 273.2 [ad. 1992, c. 38, s. 1], 276, 276.1 to 276.4. [...] Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, ss. 7, 8, 9, 24. 707 Harrison, 2009 CSC 34, [2009] 2 R.C.S. 494; R. c. Buhay, 2003 CSC 30, [2003] 1 R.C.S. 631; R. c. Washington, 2007 BCCA 540, 248 B.C.A.C. 65; R. c. Mack, [1988] 2 R.C.S. 903; Dorset Yacht Co. Ltd. c. Home Office, [1970] 2 All E.R. [...] At trial, he sought the exclusion of this evidence under s. 24(2) of the Canadian Charter of Rights and Freedoms (“Charter”) on the basis that the police had infringed his constitutional rights to be free from unreasonable search and seizure and from arbitrary detention, contrary to ss. 8 and 9 of the Charter.
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3,305.
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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3,306.
SCR | RCS [2015] vol 3 - 2015-12-18
Canada Supreme Court ReportsCanadian Charter of Rights and Freedoms, ss. 1, 11, 15, 25. Code of Civil Procedure, CQLR, c. C-25, art. 95. [...] Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, ss. 1, 7, 11(f). Constitution Act, 1867, s. 91(7). [...] Canadian Charter of Rights and Freedoms, s. 7. Immigration Act, R.S.C. 1952, c. 325, s. 8.
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3,307.
SCR | RCS [1984] vol 1 - 1984-06-21
Canada Supreme Court Reports(b) of s. 6(2) of the Canadian Charter of Rights and Freedoms, it is unnecessary to proceed to the effect of subs. [...] Charter and s. 28(c) of the Law Society Act. c 6 de la Charte et l'al. 28c) de la Law Society Act. CANADIAN CHARTER OF RIGHTS AND FREEDOMS CHARTE CANADIENNE DES DROITS ET LIBERTÉS Mobility Rights d Liberté de circulation et d'établissement 6. [...] (2) of s. 6 of the Canadian Charter of Rights and Freedoms as adopted in the Constitu-tion Act, 1982, and as now incorporated in the Constitution Acts, 1867 to 1982. 1.
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3,308.
Judgments to be Rendered in Leave Applications - 2023-01-09
News Releasesduty of disclosure in context of use by DCPP of preferred indictment — Whether Quebec Court of Appeal erred in its analysis under s. 24(2) of Canadian Charter of Rights and Freedoms — Whether Quebec Court of Appeal erred in holding that trial court was correct to dismiss entirely his application for disclosure of handlers’
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3,309.
Judgments to be Rendered in Leave Applications - 2022-09-26
News Releasesof Quebec Charter ⸺ Whether reviewing court must defer to administrative tribunal’s findings of mixed fact and law where constitutional validity of statute is challenged ⸺ Labour Code, CQLR, c. C-27, s. 1(l)(1) ⸺ Canadian Charter of Rights and Freedoms , s. 2(d) ⸺ Charter of human rights and freedoms, CQLR, c. C-12, s. 3.
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3,310.
Bulletin of April 8, 2022 - 2022-04-08
BulletinsSupervised Consumption Sites to be constitutionally invalid and inoperable and of no force and effect as a result of alleged breaches of the Canadian Charter of Rights and Freedoms . On August 26, 2021, the applicants filed an application for an interlocutory injunction seeking an order suspending one component of the
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3,311.
Judgments to be Rendered in Leave Applications - 2020-12-07
News ReleasesCanadian Charter of Rights and Freedoms — Right to equality — Law school not considering admissions application without Law School Admission Test (LSAT) — Lower courts dismissing action claiming admission policy requiring LSAT test violated Charter — Are private entities exercising governmental functions, such as
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3,312.
Bulletin of November 15, 2019 - 2019-11-15
Bulletinsto address whether the application raised a reasonable doubt and failing to delineate a discernible pathway to the verdict — R. v. W.(D.), [1991] 1 S.C.R. 742 — Canadian Charter of Rights and Freedoms , ss. 7 , 24(1) . J.T. was convicted of 10 counts of assault in relation to his wife and two of their three children.
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3,313.
Judgments to be Rendered in Leave Applications - 2019-09-23
News Releasesinvalidity — Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1 — Sex Offender Information Registration Act , S.C. 2004, c. 10 — Canadian Charter of Rights and Freedoms , ss. 7 , 15 . In 2002, G was found not criminally responsible by reason of mental disorder on charges of sexual assault and other charges.
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3,314.
Bulletin of March 29, 2019 - 2019-03-29
Bulletinslegal representation, thereby infringing s. 7 of the Canadian Charter of Rights and Freedoms — Whether appellate courts may use and rely on fact pattern observed by inferior court as reasons for judgment — Whether Court of Appeal failed in its obligation to consider applicant’s written submissions for leave to appeal
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3,315.
Bulletin of January 11, 2019 - 2019-01-11
BulletinsSections 11 (d), 220 , 222(1) , 223(1) (e) and (f) and 226 (f) of the Canada Elections Act , S.C. 2000, c. 9 , infringe s. 3 of the Canadian Charter of Rights and Freedoms , and the infringement is not justified under s. 1.
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3,316.
Judgments to be Rendered in Leave Applications - 2018-10-22
News Releaseswas inapplicable both at time of commission of offence and at time of sentencing – Canadian Charter of Rights and Freedoms , s. 11( i ) . R.P. was convicted in 2016 of three counts of gross indecency and sexual assault committed against his nephew between 1979 and 1987, when his nephew was between the ages of 7 and 15.
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3,317.
Bulletin of April 20, 2018 - 2018-04-20
Bulletinss. 1 – Whether any violation can be remedied under s. 52 of the Constitution Act, 1982 by reading-in judicial discretion to waive the surcharge where imposing it would violate the offender’s ss. 7 or 12 of Charter rights – Canadian Charter of Rights and Freedoms, ss. 7 and 12 – Criminal Code, R.S.C. 1985, c. C 46, s. 737 .
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3,318.
Quebec (Attorney General) v. Guérin - 2017 SCC 42 - [2017] 2 SCR 3 - 2017-07-27
Supreme Court JudgmentsAdministrative law
case, the Framework Agreement) does violence to the structure of the legal framework established by the HIA. Such a line of reasoning is as wrong as trying to define the scope and substance of a right guaranteed by the Canadian Charter of Rights and Freedoms on the basis of how it has been implemented by the legislature.
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3,319.
Bulletin of October 7, 2016 - 2016-10-07
BulletinsMr. Foessl alleged that the name of the court violated his constitutional rights under ss. 7 , 12 and 15 of the Canadian Charter of Rights and Freedoms . The application judge dismissed the application and the Court of Appeal dismissed the appeal.
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3,320.
Bulletin of July 10, 2015 - 2015-07-10
BulletinsCanadian Charter of Rights and Freedoms — Constitutional law — Discrimination based on age — Administrative law — Judicial review — Testing of drivers over age of 80 — Application for judicial review from decision of Ontario Human Rights Tribunal dismissed and constitutional challenge dismissed — Leave to appeal to Court of
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3,321.
Judgments to be Renderd in Leave Applications - 2015-01-12
News Releasesheld to establish that statement had not been taken in breach of applicant’s rights under Canadian Charter of Rights and Freedoms . Mr. Lemonnier, the applicant, pleaded guilty to a number of charges having regard to his spouse, namely criminal harassment, assault with a weapon, common assault and uttering death threats.
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3,322.
Bulletin of January 17, 2014 - 2014-01-17
Bulletinspushing door open further to ascertain concealment — Whether officer’s conduct constituted search and if so, whether search reasonable — Canadian Charter of Rights and Freedoms, s. 8 . Criminal law — Offences — Elements of offence — Mens rea — Possession of loaded restricted firearm — Police responding to noise
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3,323.
Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2009-03-02
News ReleasesCanadian Charter (Criminal ) - Canadian Bill of Rights - Mischief - Denial of leave to appeal by provincial appellate court - Whether Court of Appeal erred in denying leave to appeal - Whether Applicant’s rights under the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights, or his substantive rights were
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3,324.
Bulletin of July 18, 2008 - 2008-07-18
BulletinsFurther, this interpretation of s. 3(6)(a) is consistent not only with other human rights jurisprudence concerning pension plans that make age‐based distinctions, but also with the justification required under the Canadian Charter of Rights and Freedoms and human rights methodology, which looks to what is reasonable,
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3,325.
Pro Swing Inc. v. Elta Golf Inc. - 2006 SCC 52 - [2006] 2 SCR 612 - 2006-11-17
Supreme Court JudgmentsInternational law
Vidéotron dealt with the possibility of imprisonment for contempt under the Quebec Code of Civil Procedure and the guarantees against compulsory self-incrimination under the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms.