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3,436 result(s)

  • 3,376.

    Bulletin of December 11, 2020 - 2020-12-11

    Bulletins

    Canadian 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

  • 3,377.

    Bulletin of April 24, 2015 - 2015-04-24

    Bulletins

    it is necessary to determine responsibility as between province or territory and school board prior to finding prima facie breach of s. 23 of Canadian Charter of Rights and Freedoms . Constitutional law — Charter of Rights — Procedure — Hearing — Procedural fairness — Phasing of proceedings — Relevance of pleadings —

  • 3,378.

    Bulletin of April 4, 2014 - 2014-04-04

    Bulletins

    which follows a conviction of an aider and abettor of first degree murder and that which follows the conviction of the principal of second degree murder constitutes a breach of s. 7 of the Canadian Charter of Rights and Freedoms . The applicant, Mr. Huard, and another man, Mr. Zoldi, were accused of killing a drug dealer.

  • 3,379.

    Bulletin of April 5, 2013 - 2013-04-05

    Bulletins

    The applicants brought an action against the Province of British Columbia and the Minister of Education (collectively, the “Province”), alleging violations of the Province’s constitutional obligations under s. 23 of the Canadian Charter of Rights and Freedoms . The Province filed an application to remove the applicants

  • 3,380.

    Bulletin of January 18, 2013 - 2013-01-18

    Bulletins

    the Marihuana Medical Access Regulations are constitutional - Whether there are issues of public importance - Canadian Charter of Rights and Freedoms , s. 7 . Prior to the commencement of his trial, the applicant’s application to have the Information quashed on the basis that the offence was unconstitutional was dismissed.

  • 3,381.

    Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2007-11-09

    News Releases

    27 - Whether five-year period in s. 28 of Act applies to periods prior to June 28, 2002 - If so, whether applying s. 28 retroactively breaches s. 7 of Canadian Charter of Rights and Freedoms . The Applicant, a British national born in Hong Kong, was landed in Canada in 1994 under the Immigration Act, R.S.C. 1985, c. I-2.

  • 3,382.

    Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice); Ontario Judges' Assn. v. Ontario (Management Board); Bodner v. Alberta; Conférence des juges du Québec v. Quebec (Attorney General); Minc v. Quebec (Attorney General) - 2005 SCC 44 - [2005] 2 SCR 286 - 2005-07-22

    Supreme Court Judgments
    Civil procedure
    Constitutional law
    Courts
    Evidence

    41 In the Reference, Lamer C.J. briefly commented in passing on the justification under s. 1 of the Canadian Charter of Rights and Freedoms (paras. 277-85). Since the parties have not raised this issue in the case at bar, consideration of it, if it is indeed applicable, should await the proper case.

  • 3,383.

    Bulletin of July 16, 2004 - 2004-07-16

    Bulletins

    The appellant in response filed a motion for return of the money on the ground that it had been improperly seized contrary to ss. 8 and 9 of the Canadian Charter of Rights and Freedoms . The Provincial Court judge dismissed the Crown’s application and ordered the money returned to the appellant on the basis that it had been

  • 3,384.

    Canada (Minister of Citizenship and Immigration) v. Vavilov - 2019 SCC 65 - [2019] 4 SCR 653 - 2019-12-19

    Supreme Court Judgments
    Administrative law

    Canadian Charter of Rights and Freedoms , s. 1 . Canadian Citizenship Act, R.S.C. 1970, c. C‐19, s. 5(3).   [...]  However, it is important to draw a distinction between cases in which it is alleged that the effect of the administrative decision being reviewed is to unjustifiably limit rights under the Canadian Charter of Rights and Freedoms (as was the case in Doré) and those in which the issue on review is whether a provision of the

  • 3,385.

    Bulletin of May 26, 2023 - 2023-05-26

    Bulletins

    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.

  • 3,386.

    Canada (Attorney General) v. British Columbia Investment Management Corp. - 2019 SCC 63 - [2019] 4 SCR 559 - 2019-12-13

    Supreme Court Judgments
    Constitutional law
    Taxation

    In that case, the Court held that universities do not form part of “government” within the meaning of s. 32 of the Canadian Charter of Rights and Freedoms . The following comment at pp. 272-74, adjusted for context, is applicable to the pension boards:

  • 3,387.

    Bulletin of May 24, 2019 - 2019-05-24

    Bulletins

    It may be that consideration should be given to the availability, under s. 24(1) of the Canadian Charter of Rights and Freedoms , of remedies other than exclusion of evidence when dealing with s. 24(2), but the majority would leave this question for another day.

  • 3,388.

    Quebec (Attorney General) v. Canada (Attorney General) - 2015 SCC 14 - [2015] 1 SCR 693 - 2015-03-27

    Supreme Court Judgments
    Constitutional law

    In support of this declaration, he cited Doucet-Boudreau v. Nova Scotia (Minister of Education), 2003 SCC 62, [2003] 3 S.C.R. 3, and found that, although that case concerned possible remedies under the Canadian Charter of Rights and Freedoms , the principles developed in it could serve as a guide in the case at bar (para.

  • 3,389.

    Bulletin du 2 mars 2012 - 2012-03-02

    Bulletins

    Canadian Charter of Rights and Freedoms ‐ Self Incrimination ‐ Whether an application of this Court’s judgment in R. v. Henry, [2005] 3 S.C.R. 609, permits the use of examination for discovery evidence to impeach the credibility of an accused who testifies inconsistently with that evidence at his or her criminal trial ‐ If

  • 3,390.

    Bulletin of December 9, 2011 - 2011-12-09

    Bulletins

    Canadian Charter of Rights and Freedoms ― Right to a fair hearing ― Taxation ― Tax evasion ― Applicants convicted summarily of multiple counts of GST and income tax evasion and filing false tax returns contrary to s. 239(1) of the Income Tax Act , R.S.C. 1985, c. 1 (5 th Supp .) and s. 327(1) of the Excise Tax Act , R.S.C.

  • 3,391.

    Dunsmuir v. New Brunswick - 2008 SCC 9 - [2008] 1 SCR 190 - 2008-03-07

    Supreme Court Judgments
    Administrative law

    In a challenge under the Canadian Charter of Rights and Freedoms to a surrender for extradition, for example, the minister will have to comply with the Court’s view of Charter principles (the “correctness” standard), but if he or she correctly appreciates the applicable law, the court will properly recognize a wide

  • 3,392.

    C.U.P.E. v. Ontario (Minister of Labour) - 2003 SCC 29 - [2003] 1 SCR 539 - 2003-05-16

    Supreme Court Judgments
    Administrative law
    Labour law

    As the respondents had not claimed any breach of Canadian Charter of Rights and Freedoms rights, he concluded that “actions of the Minister, if authorized by statute, cannot be successfully attacked as being a denial of natural justice or lacking in institutional independence or impartiality” (para. 16).

  • 3,393.

    Bulletin of April 7, 2000 - 2000-04-07

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Evidence - Right to fair trial - Sexual assault - Use of a firearm during commission of indictable offence - Corroboration - Whether Court of Appeal erred in its assessment of corroborative evidence and in accepting trial judge’s finding as to credibility and use of

  • 3,394.

    Bulletin of October 29, 1999 - 1999-10-29

    Bulletins

    Appellant’s right to remain silent while in detention violated—Whether trial judge erred in law in applying section 24(2) of Canadian Charter of Rights and Freedoms . At around 8:30 p.m. on September 8, 1993, responding to the Appellant’s telephone call, police found the Appellant’s parents dead, murdered in their bed.

  • 3,395.

    Bulletin of December 13, 1996 - 1996-12-13

    Bulletins

    Criminal Law - Canadian Charter of Rights and Freedoms - Sentencing - Evidence - Whether the Alberta Court of Appeal erred when, concerning charges of sexual assault simpliciter pursuant to s. 271(1) of the Criminal Code of Canada , it created an exception to the rule established by this Court in R. v. Gardiner [1982] 2

  • 3,396.

    Willick v. Willick - [1994] 3 SCR 670 - 1994-10-27

    Supreme Court Judgments
    Family law

    No attack was made on the section and neither party relied on the Canadian Charter of Rights and Freedoms as an interpretative tool. In any event, I have serious reservations about the use of the Charter as an interpretative tool where the other rules of construction make the intention of the legislature plain.

  • 3,397.

    SCR | RCS [2018] vol 1 part 1 - 2018-03-23

    Canada Supreme Court Reports

    Canadian Charter of Rights and Freedoms, ss. 1, 2(a), 24(1). Charter of human rights and freedoms, CQLR, c. C-12, preamble, ss. 1 to 38, 1 to 9, 3, 9.1, 10, 16 to 20, 16, 49, 51, 52, 53.   [...]  Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, ss. 10(b), 24(2). 1 A formal judgment was issued on February 19, 2018 and revised on April 6, 2018, to amend the French version of paras. 2, 4 and 5.   [...]  The dissenting judge would have ordered a new trial on the ground that the delivery of the Edmonton Police Service’s standard caution breached G.T.D.’s right to counsel under s. 10(b) of the Canadian Charter of Rights and Freedoms and that the inculpatory statement G.T.D. offered in response should be excluded under s.

  • 3,398.

    Part 4, 2021 Vol. 3 ([2021] 3 SCR i-lxv 685-897) - 2021-12-17

    Canada Supreme Court Reports

    C Canadian Charter of Rights and Freedoms s. 24(1) ..................................................   [...]  CONSTITUTIONAL LAW — (Concluded) taking effect — Canadian Charter of Rights and Freedoms, s. 24(1) — Constitution Act, 1982, s. 52(1) — Criminal Code, R.S.C. 1985, c. C-46, s. 212(1)(j).   [...]   mode of trial — Accused applying for stay of proceedings on basis that right to be tried within reason-able time guaranteed by s. 11(b) of Canadian Charter of Rights and Freedoms infringed — Trial judge finding that total delay exceeded Jordan ceiling but was justified by parties’ reliance on state of law pre-J ordan

  • 3,399.

    Bulletin of March 19, 2021 - 2021-03-19

    Bulletins

    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

  • 3,400.

    Judgments to be Rendered in Leave Applications - 2019-04-29

    News Releases

    Mr. Blais claimed that his rights under sections 8 and 9 of the Canadian Charter of Rights and Freedoms had been violated and brought a motion for exclusion, under section 24(2) of the Charter, of the evidence of the drugs seized in his residence.