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3,436 result(s)

  • 26.

    Black v. Law Society of Alberta - [1989] 1 SCR 591 - 1989-04-20

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , (b), (c), (d), 6(2)( b ) , 6(3)( a ) , 7 .   [...]   b ) of the Canadian Charter of Rights and Freedoms ? 2.If Rule 154 or Rule 75B of the Law Society of Alberta infringes or denies mobility rights guaranteed by s. 6(2)( b ) of the Canadian Charter of Rights and Freedoms , are Rule 154 and Rule 75B justified by s. 1 of the Canadian Charter of Rights and Freedoms and   [...]  d ) of the Canadian Charter of Rights and Freedoms ? 4.If Rule 154 or Rule 75B of the Law Society of Alberta infringes or denies freedom of association guaranteed by s. 2( d ) of the Canadian Charter of Rights and Freedoms , are Rule 154 and Rule 75B justified by s. 1 of the Canadian Charter of Rights and Freedoms and

  • 27.

    Judgments to be Rendered in Appeals - 2015-04-10

    News Releases

    Canadian Charter of Rights and Freedoms - Criminal law - Cruel and unusual treatment or punishment - Mandatory minimum sentence - Possession of prohibited or restricted firearm with ammunition - Does s. 95(2)(a)(i) of the Criminal Code infringe s. 12 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 s. 95(2) of the Criminal Code 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 s. 95(2)(a)(ii) of the Criminal Code infringe s. 7 of the Canadian Charter of Rights and Freedoms ?

  • 28.

    Bulletin of October 15, 1993 - 1993-10-15

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Procedural law - Prescriptions - Did Court of Appeal err in finding that included offences (common assault) were subject to limitation periods, and that convictions could not be entered?   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Appeals - Unreasonable delay - Whether judge at first instances erred in holding that right to trial within reasonable time had not bee infringed - Did Court of Appeal err in quashing appeal.   [...]  Pursuant to the principles in R. v. Askov, [1990] 2 S.C.R. 1199, and R. v. Morin, [1992] 1 S.C.R. 771, there was no unreasonable delay in this case so as to justify the imposition of a stay under the provisions of s. 11( b ) of the Canadian Charter of Rights and Freedoms . Applying the relevant factors, we are of the view

  • 29.

    R. v. Forster - [1992] 1 SCR 339 - 1992-02-13

    Supreme Court Judgments
    Armed Forces
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 11( d ) . Canadian Forces Administrative Orders.   [...]  The judge advocate rejected her objections to the constitution and structure of the General Court Martial based on s. 11( d ) of the Canadian Charter of Rights and Freedoms . The appellant's appeal to the Court Martial Appeal Court of Canada was unanimously dismissed: (1989), 5 C.M.A.R.   [...]   is the trial of an accused by General Court Martial constituted pursuant to ss. 166 -170 of the National Defence Act , R.S.C., 1985, c. N-5 , as amended, and the Queen's Regulations and Orders justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 30.

    R. v. McKinlay Transport Ltd. - [1990] 1 SCR 627 - 1990-03-29

    Supreme Court Judgments
    Constitutional law
    Taxation

    Canadian Charter of Rights and Freedoms , ss. 1 , 8 . Combines Investigation Act, R.S.C. 1970, c. C-23, s. 17.   [...]  1. Is section 231(3) of the Income Tax Act, R.S.C. 1952, c. 148, inconsistent with the provisions of s. 8 of the Canadian Charter of Rights and Freedoms ? 2. If there is such an inconsistency, does s. 1 of the Canadian Charter of Rights and Freedoms save s. 231(3) from being declared of no force or effect?   [...]  1. Is section 231(3) of the Income Tax Act, R.S.C. 1952, c. 148, inconsistent with the provisions of s. 8 of the Canadian Charter of Rights and Freedoms ? 2. If there is such an inconsistency, does s. 1 of the Canadian Charter of Rights and Freedoms save s. 231(3) from being declared of no force or effect?

  • 31.

    Canadian Newspapers Co. v. Canada (Attorney General) - [1988] 2 SCR 122 - 1988-09-01

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , s. 1 , 2( b ) , 7 , 11 (d ) , 24(1) . Constitutional Act, 1982, s.52.   [...]  (a) the freedom to the press guaranteed in s. 2( b ) of the Canadian Charter of Rights and Freedoms ? or (b) the right to be presumed innocent until proven guilty according to law in a fair and public hearing guaranteed in s. 11( d ) of the Canadian Charter of Rights and Freedoms ; and if so,   [...]  (a) the freedom of the press guaranteed in s. 2( b ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. (b) the right to be presumed innocent until proven guilty according to law in a fair and public hearing guaranteed in s. 11( d ) of the Canadian Charter of Rights and Freedoms ?

  • 32.

    R. v. Pearson - [1992] 3 SCR 665 - 1992-11-19

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 9 , 11( d ) , (e), 24(1) . Constitution Act, 1982 , s. 52 .   [...]   in ss. 7 , 9 , 11( d ) and 11( e ) of the Canadian Charter of Rights and Freedoms ? 2.If so, is s. 515(6) (d) of the Criminal Code of Canada a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society, as required by s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  ss. 7 , 9 , 11( d ) and 11( e ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2.If so, is s. 515(6) (d) of the Criminal Code of Canada a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society, as required by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 33.

    PSAC v. Canada - [1987] 1 SCR 424 - 1987-04-09

    Supreme Court Judgments
    Constitutional law

    Restraint Act, S.C. 1980‐81‐82‐83, c. 122, infringe upon the freedom of association guaranteed in s. 2( d ) of the Canadian Charter of Rights and Freedoms ? 2. Is the Public Sector Compensation Restraint Act, S.C. 1980‐81‐82‐83, c. 122, justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   Act, S.C. 1980‐81‐82‐83, c. 122, infringe upon the freedom of association guaranteed in s. 2( d ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 2. Is the Public Sector Compensation Restraint Act, S.C. 1980‐81‐82‐83, c. 122, justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   Act, S.C. 1980‐81‐82‐83, c. 122, infringe upon the freedom of association guaranteed in s. 2( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2. Is the Public Sector Compensation Restraint Act, S.C. 1980‐81‐82‐83, c. 122, justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 34.

    RWDSU v. Saskatchewan - [1987] 1 SCR 460 - 1987-04-09

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( d ) , 24(1) . Constitution Act, 1982 , s. 52(1) .   [...]  2. If The Dairy Workers (Maintenance of Operations) Act, S.S. 1983‐84, c. D‐1.1, or any part thereof, does infringe or deny freedom of association guaranteed in s. 2( d ) of the Canadian Charter of Rights and Freedoms , is the Act, or such part, justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore   [...]  2. If The Dairy Workers (Maintenance of Operations) Act, S.S. 1983‐84, c. D‐1.1, or any part thereof, does infringe or deny freedom of association guaranteed in s. 2( d ) of the Canadian Charter of Rights and Freedoms , is the Act, or such part, justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore

  • 35.

    Reference re Same-Sex Marriage - 2004 SCC 79 - [2004] 3 SCR 698 - 2004-12-09

    Supreme Court Judgments
    Constitutional law
    Courts

    2. If the answer to question 1 is yes, is section 1 of the proposal, which extends capacity to marry to persons of the same sex, consistent with the Canadian Charter of Rights and Freedoms ? If not, in what particular or particulars, and to what extent?   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 15(1) . Constitution Act, 1867 , ss. 91 , 91(26) , 92 , 92(12) , 92(13) .   [...]  . . . WHEREAS, in order to reflect values of tolerance, respect and equality consistent with the Canadian Charter of Rights and Freedoms , access to marriage for civil purposes should be extended to couples of the same sex;

  • 36.

    Professional Institute of the Public Service of Canada v. Northwest Territories (Commissioner) - [1990] 2 SCR 367 - 1990-08-16

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( d ) , 15(1) . Labour Code, R.S.B.C. 1979, c. 212, s. 43.   [...]  infringe the freedom of association guaranteed by s. 2( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2.If the answer to question 1 is in the affirmative, can s. 42(1) of the Public Service Act, R.S.N.W.T. 1974, c. P-13, as amended, be justified under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  as amended, infringe the freedom of association guaranteed by s. 2( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is in the affirmative, can s. 42(1) of the Public Service Act, R.S.N.W.T. 1974, c. P-13, as amended, be justified under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 37.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2011-01-24

    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 .

  • 38.

    Dywidag Systems International, Canada Ltd. v. Zutphen Brothers Construction Ltd. - [1990] 1 SCR 705 - 1990-03-29

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) . Crown Liability Act, R.S.C. 1970, c. C‐38, s. 7(1).   [...]  1.Are s. 17(1) and (2) of the Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, as amended, and s. 7(1) of the Crown Liability Act, R.S.C. 1970, c. C-38, as amended, consistent with ss. 7 and 15 of the Canadian Charter of Rights and Freedoms in so far as they confer exclusive jurisdiction in the Federal Court in relation   [...]  3.If s. 17(1) and (2) of the Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, as amended, and s. 7(1) of the Crown Liability Act, R.S.C. 1970, c. C-38, as amended, or both, are inconsistent either with s. 7 or s. 15 of the Canadian Charter of Rights and Freedoms , are they a reasonable limit within the meaning of s. 1 of

  • 39.

    Mckinney v. University of Guelph - [1990] 3 SCR 229 - 1990-12-06

    Supreme Court Judgments
    Constitutional law

    "Enforcement of the Canadian Charter of Rights and Freedoms ", in Gérald-A. Beaudoin and Ed Ratushny, eds. The Canadian Charter of Rights and Freedoms , 2nd ed.   [...]  "Application of the Canadian Charter of Rights and Freedoms ," in Walter S. Tarnopolsky and Gérald-A. Beaudoin, eds., The Canadian Charter of Rights and Freedoms ‐‐ Commentary.   [...]  See Tassé, "Application of the Canadian Charter of Rights and Freedoms ", in Beaudoin and Ratushny (eds.) The Canadian Charter of Rights and Freedoms (2nd ed. 1989), at p. 97 and 77 respectively.

  • 40.

    Harper v. Canada (Attorney General) - 2004 SCC 33 - [2004] 1 SCR 827 - 2004-05-18

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d), 3 . International Covenant on Civil and Political Rights, Can. T.S. 1976 No. 47.   [...]   , 359 , 360 and 362 of the Canada Elections Act , S.C. 2000, c. 9 , infringe s. 3 of the Canadian Charter of Rights and Freedoms ? 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 ?   [...]   , 359 and 362 of the Canada Elections Act , S.C. 2000, c. 9 , infringe s. 2( d ) of the Canadian Charter of Rights and Freedoms ? 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 ?

  • 41.

    Judgments to be Rendered in Appeals - 2015-01-12

    News Releases

    Police Regulations, 1998, SOR/88-361, infringes s. 2( d ) 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 - Whether para.   [...]   Public Service Labour Relations Act, S.C. 2003, c. 22 , infringes s. 2( d ) 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 .   [...]  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 ? - Do sections 16, 35, 38, 43, 46 and 49 of the Expenditure Restraint Act , S.C. 2009, c.2, s. 393 infringe s. 2(d) of the Canadian Charter of Rights and Freedoms ?

  • 42.

    Del Zotto v. Canada - [1999] 1 SCR 3 - 1999-01-21

    Supreme Court Judgments
    Constitutional law
    Taxation

    Taxation -- Income tax -- Inquiry -- Whether s. 231.4 of Income Tax Act constitutional -- Canadian Charter of Rights and Freedoms, ss. 7 , 8 . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , ss. 7 , 8 .   [...]  1. Does s. 231.4 of the Income Tax Act, R.S.C. 1952, c. 148, as amended, restrict rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? The answer is no. 2. If so, can these restrictions be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms   [...]   s. 231.4 of the Income Tax Act, R.S.C. 1952, c. 148, as amended, restrict the right guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms ? The answer is no. 4. If so, can these restrictions be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 43.

    R. v. Swain - [1991] 1 SCR 933 - 1991-05-02

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 9 , 11( d ) , 12 , 15(1) , (2) , 24(1) , 32 .   [...]  Canadian Charter of Rights and Freedoms 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.   [...]  Question 2:Do the common law criteria, enunciated by the Ontario Court of Appeal, permitting the Crown to adduce evidence of an accused's insanity, violate ss. 7 , 9 , and 15 of the Canadian Charter of Rights and Freedoms ? Answer:Yes, the common law criteria limit s. 7 of the Canadian Charter of Rights and Freedoms .

  • 44.

    Agenda - 2014-10-27

    News Releases

    Canadian Charter of Rights and Freedoms - Criminal law - Cruel and unusual treatment or punishment - Mandatory minimum sentence - Possession of prohibited or restricted firearm with ammunition - Does s. 95(2)(a)(i) of the Criminal Code infringe s. 12 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 s. 95(2) of the Criminal Code 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 s. 95(2)(a)(ii) of the Criminal Code infringe s. 7 of the Canadian Charter of Rights and Freedoms ?

  • 45.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2011-04-26

    News Releases

    A, infringes s. 2( d ) 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 - Whether the Agricultural Employees Protection Act,   [...]  A, infringes s. 15 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 .   [...]  The Court concluded that the AEPA substantially impaired the capacity of agricultural workers to meaningfully exercise their right to bargain collectively, and that the violation of s. 2( d ) of the Canadian Charter of Rights and Freedoms was not saved under s. 1 of the Charter . Origin of the case: Ontario

  • 46.

    Bulletin of September 19, 1997 - 1997-09-19

    Bulletins

    Canadian Charter of Rights and Freedoms - Civil - Torts - Damages - Procedural law - Civil Procedure - Applicant’s action for damages for the failure to provide him with the appropriate municipal assistance dismissed as being an abuse of process - Whether the judge erred in dismissing the Applicant’s action - Whether the   [...]   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 ?   [...]   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 ?

  • 47.

    Bulletin of January 21, 1994 - 1994-01-21

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Trial - Evidence - Whether it was proven that the Applicant's breath had been analyzed by a "qualified technician" within the meaning of that term in s. 254(1) Cr.C .   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Offences - Interpretation - Procedural law - Pre-trial procedure - Did information disclose offence known to law?   [...]   the Collective Agreement Decrees Act, R.S.Q. 1977, c. D-2, providing for powers of inspection, inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms ? 2. If the Court answers the first question in the affirmative, can these provisions be justified under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 48.

    Bulletin of November 24, 2000 - 2000-11-24

    Bulletins

    ss. 2(b) and 2(d) of the Canadian Charter of Rights and Freedoms ? 4. If the answer to question 3 is in the affirmative, are ss. 19(1)(e)(iv)(C), 19(1)(f)(ii) and 19(1)(f)(iii)(B) of the Immigration Act a reasonable limit on the rights of a person within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   ss. 2(b) and 2(d) of the Canadian Charter of Rights and Freedoms ? 4. If the answer to question 3 is in the affirmative, are ss. 19(1)(e)(iv)(C), 19(1)(f)(ii) and 19(1)(f)(iii)(B) of the Immigration Act a reasonable limit on the rights of a person within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  Constitutional law - Canadian Charter of Rights and Freedoms - Criminal law - Assault - Jury secrecy rules - Whether the common law exclusionary rule precluding the admission of evidence relating to the deliberations of a jury infringes the rights and freedoms guaranteed by s. 7, s. 11(d) and/or s. 11( f ) of the Canadian

  • 49.

    Judgment in Appeal / Jugement sur appel - 2011-04-29

    News Releases

    A, infringe s. 2( d ) of the Canadian Charter of Rights and Freedoms ? No. 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 ?   [...]   Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16, infringe s. 15 of the Canadian Charter of Rights and Freedoms ? No. 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 ?   [...]  A, infringe s. 15 of the Canadian Charter of Rights and Freedoms ? No. 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 ?

  • 50.

    Bulletin of June 5, 2009 - 2009-06-05

    Bulletins

    A, infringe s. 2( d ) of the Canadian Charter of Rights and Freedoms ? 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 ?   [...]   the Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16, infringe s. 15 of the Canadian Charter of Rights and Freedoms ? 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 ?   [...]  A, infringe s. 15 of the Canadian Charter of Rights and Freedoms ? 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 ?