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3,436 result(s)

  • 3,351.

    R. v. Khan - 2001 SCC 86 - [2001] 3 SCR 823 - 2001-12-07

    Supreme Court Judgments
    Criminal law

    13 Indeed, prior to the enactment of the Canadian Charter of Rights and Freedoms , criminal procedure was replete with complex decisions distinguishing between the various jurisdictional consequences of procedural errors, pre-trial, at trial and post-conviction.

  • 3,352.

    Mount Sinai Hospital Center v. Quebec (Minister of Health and Social Services) - 2001 SCC 41 - [2001] 2 SCR 281 - 2001-06-29

    Supreme Court Judgments
    Administrative law

    At the high end they represent a level of judicial intervention in government policy that our courts, to date, have considered inappropriate in the absence of a successful challenge under the Canadian Charter of Rights and Freedoms . 28 Canadian cases tend to differentiate for analytical purposes the related concepts of

  • 3,353.

    Bulletin of October 1, 1999 - 1999-10-01

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Narcotics - Defence - Entrapment - Whether the President of the Standing Court Martial misunderstood the legal test for entrapment and the breadth of the offence of trafficking under the Narcotic Control Act - Whether the President of the Standing Court Martial failed

  • 3,354.

    R. v. Jorgensen - [1995] 4 SCR 55 - 1995-11-16

    Supreme Court Judgments
    Criminal law

    The court found that s. 163(6) (then s. 159(6)), which barred the defence of honest mistake of fact to the offence of distributing obscene material under s. 163(1), infringed s. 7 of the Canadian Charter of Rights and Freedoms in that it created an absolute liability offence having imprisonment as a potential punishment.

  • 3,355.

    R. v. M. (S.H.) - [1989] 2 SCR 446 - 1989-09-28

    Supreme Court Judgments
    Criminal law

    (e) young persons have rights and freedoms in their own right, including those stated in the Canadian Charter of Rights and Freedoms or in the Canadian Bill of Rights, and in particular a right to be heard in the course of, and to participate in, the processes that lead to decisions that affect them, and young persons

  • 3,356.

    Judgments to be Rendered in Leave Applications - 2023-05-23

    News Releases

    communications in possession of a third party — Did the trial judge err in law by relying on the failure of the applicants to testify at the voir dire to find that they did not have a reasonable expectation of privacy — Canadian Charter of Rights and Freedoms , s. 8 . The Waltons operated a private security company.

  • 3,357.

    Bulletin of September 29, 2022 - 2022-09-29

    Bulletins

    of 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.

  • 3,358.

    Bulletin of October 5, 2018 - 2018-10-05

    Bulletins

    Because courts cannot review the exercise of parliamentary privileges, even on Canadian Charter of Rights and Freedoms grounds, they must ensure that the protection provided by a privilege does not exceed its purpose.

  • 3,359.

    Bulletin of January 19, 2018 - 2018-01-19

    Bulletins

    Canadian Charter of Rights and Freedoms – Criminal law – Extradition – Judicial review of Minister’s surrender order – Whether Court of Appeal erred in finding extradition was not barred by principle of double jeopardy, in finding sentence faced in United States does not make surrender unjust and oppressive or contrary to

  • 3,360.

    Cuthbertson v. Rasouli - 2013 SCC 53 - [2013] 3 SCR 341 - 2013-10-18

    Supreme Court Judgments
    Statutes

    I note that rights pursuant to the Canadian Charter of Rights and Freedoms have not been raised or argued in this appeal. [169] A patient’s wishes, ideals, and values are important considerations in end-of-life decisions in an institutional setting.

  • 3,361.

    Bulletin of December 7, 2012 - 2012-12-07

    Bulletins

    Canadian Charter of Rights and Freedoms — Freedom of expression — Reasonable limits — Municipal law — Jurisdiction to pass bylaws — Bylaws — Official Languages — Validity of bylaw respecting language of new exterior commercial signs — Standing — Whether the Court of Appeal erred in holding that Mr. Galganov did not have

  • 3,362.

    Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2011-10-17

    News Releases

    At issue is whether the words "child died before ... birth" are vague and therefore whether s. 243 breaches s. 7 of the Canadian Charter of Rights and Freedoms . The trial judge held that he could not determine a coherent, unambiguous meaning for the term "child" in the context of a death that occurs before birth.

  • 3,363.

    Bulletin of May 14, 2010 - 2010-05-14

    Bulletins

    - Canadian Charter of Rights and Freedoms, ss. 2(b) , 7 , 11(d) , 15 . The applicant, Ms. Betty Krawczyk, was a member of a group of protestors that conducted demonstrations in 2006 to oppose the expansion of the Sea to Sky Highway, citing environmental concerns.

  • 3,364.

    Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2010-04-19

    News Releases

    — Canadian Charter of Rights and Freedoms , 1982, ss. 1 and 2(b). The Applicant, Jack Lloyd Breeden, was convicted of three counts of trespass under the Trespass Act, R.S.B.C. 1996, c. 462.

  • 3,365.

    Bulletin of April 9, 2010 - 2010-04-09

    Bulletins

    Canadian Charter of Rights and Freedoms - Civil rights - Freedom of association - Labour relations ‐ Complaint under ss. 15 et seq. of Labour Code, R.S.Q., c. C‐27, alleging that reprisals were taken against employee because she had exercised right under Code - Whether Superior Court and Court of Appeal erred in restricting

  • 3,366.

    Bulletin of November 6, 2009 - 2009-11-06

    Bulletins

    sex discrimination in the status registration provisions of the Indian Act, but instead continues that discrimination, in part, is justified because of a need to preserve existing rights and to avoid anomalies - Canadian Charter of Rights and Freedoms , s. 15 . The Applicants McIvor and Grismer are mother and son.

  • 3,367.

    Bulletin of November 21, 1997 - 1997-11-21

    Bulletins

    Canadian Charter - Civil - Section 35 of the Canadian Charter of Rights and Freedoms - Constitutional law - Indians - Whether the Court of Appeal erred in failing to consider whether the IEP is discriminatory - Whether the Court of Appeal erred in deciding that the IEP is not “legislation” and consequently not ultra vires

  • 3,368.

    Zurich Insurance Co. v. Ontario (Human Rights Commission) - [1992] 2 SCR 321 - 1992-06-25

    Supreme Court Judgments
    Constitutional law

    We know this is not the case, or there would be no need for the prohibitions on state discrimination found in s. 15 of the Canadian Charter of Rights and Freedoms . A second excuse is that, in the words of Sopinka J. at p. 000, it was "impractical, if not impossible", for Zurich to generate actuarially reliable figures on

  • 3,369.

    SCR | RCS [2016] vol 2 - 2016-12-09

    Canada Supreme Court Reports

    Canadian Charter of Rights and Freedoms, ss. 1, 11(d). Constitution Act, 1867, preamble, ss. 92(14), 96, 101.   [...]  Canadian Charter of Rights and Freedoms, preamble, s. 2(b). Charter of human rights and freedoms, CQLR, c. C-12, s. 3.   [...]  Without the rule of law the Canadian Charter of Rights and Freedoms, which some of you sought to in-voke, would be nothing but another piece of parchment adrift in the timeless evolution of man’s history.

  • 3,370.

    SCR | RCS [2012] vol 2 - 2012-10-17

    Canada Supreme Court Reports

    Canadian Charter of Rights and Freedoms s. 7 s. 24(1) Constitution Act, 1867 s. 91(10) s. 92(10) s. 92(13)   [...]  Canadian Charter of Rights and Freedoms, s. 7. Crimes Act 1958 (Vic.), ss. 22, 23. Crimes Act 1961 (N.Z.), 1961, No. 43, ss. 145, 188(2).   [...]  Canadian Charter of Rights and Freedoms. Criminal Code, R.S.C. 1985, c. C-46, ss. 16, 591(3)(b), 686(1)(b)(iii).

  • 3,371.

    SCR | RCS [1998] vol 2 - 1998-10-22

    Canada Supreme Court Reports

    Canadian Charter of Rights and Freedoms, ss. 2, 3, 4, 7 to 14, 15, 25, 33. Charter of the United Nations, Can. T.S. 1945 No. 7, Arts. 1(2), 55.   [...]  — S'il y a eu violation de la Charte, Canadian Charter of Rights and Freedoms, ss. 7, 10(b), 24(2), la déclaration doit-elle être écartée en vertu de l'art. 24(2)?   [...]  Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, ss. 2, 3, 6, 7, 8, 9, 10, 10(b), 11, 11(d), 12, 13, 14, 15, 23, 24(2), 32(1).

  • 3,372.

    Reference re An Act respecting First Nations, Inuit and Métis children, youth and families - 2024 SCC 5 - 2024-02-09

    Supreme Court Judgments
    Constitutional law

    First, s. 19 states that “[t]he Canadian Charter of Rights and Freedoms applies to an Indigenous governing body in the exercise of jurisdiction in relation to child and family services on behalf of an Indigenous group, community or people.” Second, s. 3 stipulates that the provisions of existing treaties or self‐government

  • 3,373.

    Bulletin of January 13, 2023 - 2023-01-13

    Bulletins

    duty 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’

  • 3,374.

    Judgments to be Rendered in Leave Applications - 2021-03-15

    News Releases

    In the Court of Appeal’s view, the trial judge had properly concluded that the rights guaranteed in ss. 8 and 9 of the Canadian Charter of Rights and Freedoms had not been infringed, and it was therefore not necessary to review the principles applicable to applications for the exclusion of evidence under s. 24(2) of the

  • 3,375.

    Bulletin of January 15, 2021 - 2021-01-15

    Bulletins

    of Appeal erred in law in finding that guilty verdict entered at trial on count of fraud was reasonable — Canadian Charter of Rights and Freedoms , s. 14 . The respondent Crown alleged that the applicant, Ms. Lu, had committed fraud over $5,000 on the government and had conspired with one Ms. Zhao to commit that fraud.