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3,436 result(s)

  • 51.

    Judgments in Appeal and Leave Applications / Jugements sur appel et demandes d'autorisation - 2007-03-01

    News Releases

    of the Canada Pension Plan , R.S.C. 1985, c. C‐8 , infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 2. 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 ?   [...]   of the Canada Pension Plan , R.S.C. 1985, c. C‐8 , infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 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 ?   [...]   of the Canada Pension Plan , R.S.C. 1985, c. C‐8 , infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: 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 ?

  • 52.

    Lavigne v. Ontario Public Service Employees Union - [1991] 2 SCR 211 - 1991-06-27

    Supreme Court Judgments
    Constitutional law

    "Application of the Canadian Charter of Rights and Freedoms ". In Walter S. Tarnopolsky and Gérald‐A. Beaudoin, The Canadian Charter of Rights and Freedoms .   [...]  The 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.   [...]  Some support in the academic literature for this position may be found in Swinton, "Application of the Canadian Charter of Rights and Freedoms ", in Tarnopolsky and Beaudoin, The Canadian Charter of Rights and Freedoms (1982), at p. 41.

  • 53.

    R. v. Kapp - 2008 SCC 41 - [2008] 2 SCR 483 - 2008-06-27

    Supreme Court Judgments
    Constitutional law
    Fishery

    “Canadian Charter of Rights and Freedoms : The Challenge of the Individual and Collective Rights of Aboriginal People” (2002), 21 Windsor Y.B. Access Just. 431.   [...]  ”, in Sheila McIntyre and Sanda Rodgers, eds., Diminishing Returns: Inequality and the Canadian Charter of Rights and Freedoms. Markham, Ont.: LexisNexis Butterworths, 2006, 135.   [...]  Wildsmith, Bruce H. Aboriginal Peoples & Section 25 of the Canadian Charter of Rights and Freedoms. Saskatoon: University of Saskatchewan Native Law Centre, 1988.

  • 54.

    Canada (Minister of Employment and Immigration) v. Chiarelli - [1992] 1 SCR 711 - 1992-03-26

    Supreme Court Judgments
    Administrative law
    Constitutional law
    Immigration

    Canadian Charter of Rights and Freedoms , ss. 1 , 6(1) , (2)( a ) , (b), 7 , 12 , 15(1) .   [...]  Canadian Charter of Rights and Freedoms 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.   [...]  1.Subparagraph 27(1)(d)(ii) and subsection 32(2) of the Immigration Act, 1976 do not infringe section 7 , 12 or 15 of the Canadian Charter of Rights and Freedoms . 2.Sections 82.1 and 83 of the Immigration Act, 1976 do not infringe section 12 or 15 of the Canadian Charter of Rights and Freedoms .

  • 55.

    Judgment to be Rendered in Appeal - 2013-12-13

    News Releases

    - Does section 212(1)(j) of the Criminal Code , R.S.C. 1985, c. C‐46 , 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 section 213(1)(c) of the Criminal Code , R.S.C. 1985, c. C‐46 , 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 ?  [...]   section 213(1)(c) of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 2(b) 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 ?

  • 56.

    Judgment in Appeal - 2015-02-13

    News Releases

    2. 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 ? Answer: It is not necessary to answer this question.   [...]  demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? Answer: No. 5. Do ss. 5(i), 5(j), 62, 63, 63.1 or 64 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act , S.C. 2000, c. 17 , infringe s. 8 of the Canadian Charter of Rights and Freedoms ?   [...]   be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? Answer: No. 7. Do ss. 11.1, 33.3, 33.4 or 59.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, infringe s. 8 of the Canadian Charter of Rights and Freedoms ?

  • 57.

    R. v. Ratti - [1991] 1 SCR 68 - 1991-01-25

    Supreme Court Judgments
    Constitutional law
    Criminal law

    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.   [...]  1.Is s. 16(4) of the Criminal Code inconsistent with s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is yes, is s. 16(4) justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  1.Is s. 16(4) of the Criminal Code inconsistent with s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is yes, is s. 16(4) justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 58.

    R. v. Thomsen - [1988] 1 SCR 640 - 1988-04-28

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 10 . Criminal Code, R.S.C. 1970, c. C‐34, art. 234.1 [en. 1974‐75‐76, c. 93, s. 15], 235 [rep.   [...]  3. If s. 234.1 of the Criminal Code of Canada violates the right to counsel and the right to be informed thereof, contrary to s. 10( b ) of the Canadian Charter of Rights and Freedoms , is s. 234.1, as applied, justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the   [...]  3. If s. 234.1 of the Criminal Code of Canada violates the right to counsel and the right to be informed thereof, contrary to s. 10( b ) of the Canadian Charter of Rights and Freedoms , is s. 234.1, as applied, justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the

  • 59.

    Canada (Attorney General) v. Hislop - 2007 SCC 10 - [2007] 1 SCR 429 - 2007-03-01

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) , 24(1) . Constitution Act, 1982 , s. 52(1) .   [...]  3. Does s. 72(2) of the Canada Pension Plan , R.S.C. 1985, c. C‐8 , infringe s. 15(1) 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  [...]  5. Does s. 60(2) of the Canada Pension Plan , R.S.C. 1985, c. C‐8 , infringe s. 15(1) 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

  • 60.

    Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) - 2004 SCC 4 - [2004] 1 SCR 76 - 2004-01-30

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 12 , 15(1) . Child and Family Services Act, R.S.O. 1990, c. C.11, s. 1(a).   [...]   c. C‐46 , infringe the rights of children under s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   c. C‐46 , infringe the rights of children under s. 12 of the Canadian Charter of Rights and Freedoms ? Answer: No. 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 61.

    Bulletin of March 19, 2010 - 2010-03-19

    Bulletins

    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 .   [...]   to 38.16 of the Canada Evidence Act , R.S.C. 1985, c. C‐5 , infringe s. 7 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 ?   [...]  At trial, he unsuccessfully challenged the validity of the search warrant under s. 8 of the Canadian Charter of Rights and Freedoms . The trial judge convicted the accused and the majority of the Court of Appeal upheld the conviction.

  • 62.

    Bulletin of March 5, 1993 - 1993-03-05

    Bulletins

    (22966) Criminal law - Canadian Charter of Rights and Freedoms - Stay of proceedings - Right to trial within a reasonable delay - Whether the Court of Appeal erred in holding that the trial judge was wrong in law, in concluding that the Appellant's rights under s. 11(b) of the Canadian Charter of Rights and Freedoms had   [...]  (22936) Canadian Charter of Rights and Freedoms - Criminal law - Appeals - Jurisdiction - Remedies - Appellate delay - Jurisdiction of appellate court to grant a remedy.   [...]  Canadian Charter of Rights and Freedoms - Civil rights - Did the Federal Court of Appeal err in law in failing to order the Chief Electoral Officer to adopt an interpretation of the statutorily undefined term "elector of ...[a] province" in accordance with the intention of Parliament and the Canadian Charter of Rights and

  • 63.

    R. v. Morgentaler - [1988] 1 SCR 30 - 1988-01-28

    Supreme Court Judgments
    Constitutional law
    Criminal law

    of the Canadian Charter of Rights and Freedoms ? 2. If section 251 of the Criminal Code of Canada infringes or denies the rights and freedoms guaranteed by ss. 2( a ) , 7 , 12 , 15 , 27 and 28 of the Canadian Charter of Rights and Freedoms , is s. 251 justified by s. 1 of the Canadian Charter of Rights and Freedoms and   [...]  In The Canadian Charter of Rights and Freedoms : Commentary. Edited by Walter S. Tarnopolsky and Gérald-A. Beaudoin.   [...]  The Canadian Charter of Rights and Freedoms 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject

  • 64.

    Nguyen v. Quebec (Education, Recreation and Sports) - 2009 SCC 47 - [2009] 3 SCR 208 - 2009-10-22

    Supreme Court Judgments
    Constitutional law
    Education law

    Canadian Charter of Rights and Freedoms , ss. 1 , 23 . Charter of the French language, R.S.Q., c. C‐11, ss. 72, 73, 81, 85, 85.1.   [...]   s. 73 of the Charter of the French language, R.S.Q., c. C‐11, infringe s. 23(2) of the Canadian Charter of Rights and Freedoms ? (2) 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 ?   [...]  (1) Canadian Charter of Rights and Freedoms Minority Language Educational Rights 23. (1) Citizens of Canada

  • 65.

    Ruby v. Canada (Solicitor General) - 2002 SCC 75 - [2002] 4 SCR 3 - 2002-11-21

    Supreme Court Judgments
    Access to information
    Civil procedure
    Constitutional law

    ) of the Canadian Charter of Rights and Freedoms ? 2. If the answer to Question 1 is in the affirmative, are ss. 51(2) (a) and 51(3) of the Privacy Act reasonable limits, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   by s. 7 of the Canadian Charter of Rights and Freedoms ? 4. If the answer to Question 3 is in the affirmative, is s. 51(3) of the Privacy Act a reasonable limit, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  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.

  • 66.

    Judgments in Appeals and Leave Applications / Jugements sur appels et demandes d'autorisation - 2005-06-16

    News Releases

    vehicle, infringe s. 10( b ) of the Canadian Charter of Rights and Freedoms ? Yes. 2. If the answer to question 1 is in the affirmative, 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 ?   [...]   Canadian Charter of Rights and Freedoms ? It is not necessary to answer this question. 4. If the answer to question 3 is in the affirmative, 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 ?   [...]   consumption, infringe s. 10( b ) of the Canadian Charter of Rights and Freedoms ? Yes. 2. If the answer to question 1 is in the affirmative, 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 ?

  • 67.

    R. v. Lee - [1989] 2 SCR 1384 - 1989-12-21

    Supreme Court Judgments
    Constitutional law

    He held that s. 526.1 did not violate s. 11( f ) of the Canadian Charter of Rights and Freedoms and ruled that the appellant was no longer entitled to a jury trial.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 10( b ) , 11( f ) . Criminal Code, R.S.C. 1970, c. C-34, as am., ss. 133, 429, 431.1, 526.1, 738(3)(a).   [...]  1.Does s. 526.1(1)(a) of the Criminal Code infringe or deny the right to trial by jury guaranteed by s. 11( f ) of the Canadian Charter of Rights and Freedoms ? 2.If so, then is s. 526.1(1)(a) of the Criminal Code justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms , and therefore not inconsistent

  • 68.

    Canada (human Rights Commission) v. Taylor - [1990] 3 SCR 892 - 1990-12-13

    Supreme Court Judgments
    Administrative law
    Constitutional law

    Relying on the Canadian Charter of Rights and Freedoms , the appellants argued that s. 13(1) of the Act violated s. 2( b ) of the Charter , and that the Tribunal's order was of no effect.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 15 , 24(1) , 27 . Canadian Human Rights Act, S.C. 1976‐77, c. 33, ss. 2 [rep.   [...]  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.

  • 69.

    R. v. S. (G.) - [1990] 2 SCR 294 - 1990-06-28

    Supreme Court Judgments
    Appeal
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 306(1)(b), 312 [am. 1972, c. 13, s. 27; rep.   [...]  Conv. 5702‐04, granting a stay of proceedings under s. 24 of the Canadian Charter of Rights and Freedoms . Appeal dismissed. Frank Addario, for the appellant.   [...]   7 or s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2.If the admission criteria set out in the Alternative Measures Program designated by the Attorney General for the province of Ontario are inconsistent either with s. 7 or s. 15(1) of the Canadian Charter of Rights and Freedoms , whether that

  • 70.

    Agenda / Calendrier - 2011-10-03

    News Releases

    of The Saskatchewan Human Rights Code, S.S. 1979, c. S‐24.1 infringe s. 2(a) 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. 14(1)(b) of The Saskatchewan Human Rights Code infringe s. 2(b) 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 ?   [...]   and 258(1)(d.1) of Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 11( d ) 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 within meaning of s. 1 of Canadian Charter of Rights and Freedoms .

  • 71.

    Bulletin of October 10, 2003 - 2003-10-10

    Bulletins

    By-law concerning noise, R.B.C.M. c. B-3, of the City of Montreal infringe s. 2(b) of the Canadian Charter of Rights and Freedoms ? 2. 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 ?   [...]  Canadian Charter of Rights and Freedoms - Constitutional law - Family law - Whether the exclusion of same-sex couples from the common law definition of marriage breaches ss. 2(a) or 15(1) of the Canadian Charter of Rights and Freedoms in a manner not justified in a free and democratic society under s. 1 - Whether the

  • 72.

    Bulletin of December 4, 1992 - 1992-12-04

    Bulletins

    Immigration law - Canadian Charter of Rights and Freedoms - Statutes - Deportation order -The Applicant is a permanent resident convicted of an offence for which a term of imprisonment of more than six months has been imposed - Interpretation of ss. 27(1) and 32(2) of the Immigration Act 1976, S.C. 1976-77, c. 52 - Whether   [...]  Canadian Charter of Rights and Freedoms - Administrative law - Immigration - Detention -Refugee status claim - Whether the Court of Appeal erred in law in determining that the Appellant was not detained in the sense contemplated under section 10(b) of the Canadian Charter of Rights and Freedoms when he was referred to a   [...]  Canadian Charter of Rights and Freedoms - Constitutional law - Schools - Right to education in minority language.

  • 73.

    Douglas/kwantlen Faculty Assn. v. Douglas College - [1990] 3 SCR 570 - 1990-12-06

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) , 24(1) , 32 . Canadian Human Rights Act, S.C. 1976‐77, c. 33.   [...]  "Enforcement of the Canadian Charter of Rights and Freedoms ," in W. S. Tarnopolsky and G.-A. Beaudoin, eds., The Canadian Charter of Rights and Freedoms : Commentary.   [...]  Thus Gibson in "Enforcement of the Canadian Charter of Rights and Freedoms ", in Tarnopolsky and Beaudoin, eds., The Canadian Charter of Rights and Freedoms : Commentary (1982), at p. 501, states:

  • 74.

    Slaight Communications Inc. v. Davidson - [1989] 1 SCR 1038 - 1989-05-04

    Supreme Court Judgments
    Constitutional law
    Labour law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) . Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 52(d).   [...]  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.   [...]  It now remains to assess in light of the Canadian Charter of Rights and Freedoms the part of the order we have found to be not unreasonable in terms of the rules of administrative law.

  • 75.

    R. v. Cornell - [1988] 1 SCR 461 - 1988-03-24

    Supreme Court Judgments
    Constitutional law
    Criminal law

    The judge ordered a stay of proceedings on the ground that s. 234.1 infringed both the Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms and hence was inoperative. The Ontario Court of Appeal allowed the appeal from this judgment, vacated the stay of proceedings and ordered a new trial.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 11( g ) , 15 , 32(2) . Criminal Code, R.S.C. 1970, c. C‐34, s. 234.1(1), (2), (3), (4) [as enacted by S.C. 1974‐75‐76, c. 93, ss. 15, 102(3)].   [...]  by s. 7 of the Canadian Charter of Rights and Freedoms ? 2. If the non‐universal proclamation and application of s. 234.1 infringes or denies the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms , is s. 234.1 justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore