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3,436 result(s)

  • 76.

    R. v. Bain - [1992] 1 SCR 91 - 1992-01-23

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Evidence

    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.   [...]  In my view, so far as the issue before me is concerned, the Canadian Charter of Rights and Freedoms gives to every citizen the right to a fair trial.   [...]  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.

  • 77.

    New Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House of Assembly) - [1993] 1 SCR 319 - 1993-01-21

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 5 , 12 , 17 , 18 , 24(1) , 32(1) , 33 .   [...]  "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, for example, K. Swinton, "Application 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 (1982), 41; A. A. McLelland and B. P. Elman, "To Whom Does the Charter Apply?

  • 78.

    R. v. Romeo - [1991] 1 SCR 86 - 1991-01-25

    Supreme Court Judgments
    Constitutional law
    Criminal law

    1. Is s. 16(4) of the Criminal Code inconsistent with s. 7 or 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 ?   [...]  In Chaulk, I held that while s. 16(4) of the Criminal Code does infringe s. 11( d ) of the Canadian Charter of Rights and Freedoms , it constitutes a reasonable limit under s. 1 of the Charter and, therefore, is not inconsistent with the Constitution Act, 1982 .   [...]  1. Is s. 16(4) of the Criminal Code of Canada inconsistent with s. 7 or 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 ?

  • 79.

    Walker v. Prince Edward Island - [1995] 2 SCR 407 - 1995-05-23

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 2 ( b ) , 6 , 7 . Public Accounting and Auditing Act, R.S.P.E.I. 1988, c. P‐28, s. 14(1).   [...]  1 Lamer C.J. ‐‐ In light of our previous decisions as regards ss. 2( b ) , 6 and 7 of the Canadian Charter of Rights and Freedoms , we are all of the view that there has been no restriction to those rights in this case.   [...]   Public Accounting and Auditing Act, R.S.P.E.I. 1988, c. P‐28, limit the appellants' rights guaranteed by ss. 2( b ) , 6 or 7 of the Canadian Charter of Rights and Freedoms ? No. 2.If the answer to question 1 is in the affirmative, is s. 14(1) nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 80.

    Irwin Toy Ltd. v. Quebec (Attorney General) - [1989] 1 SCR 927 - 1989-04-27

    Supreme Court Judgments
    Constitutional law
    Professional law

    On appeal, the respondent also invoked the Canadian Charter of Rights and Freedoms which entered into force after the judgment of the Superior Court.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 7 , 33 . Charter of Human Rights and Freedoms, R.S.Q., c. C-12, ss. 3, 9.1.   [...]  Sections 1 , 2( b ) and 7 of the Canadian Charter of Rights and Freedoms provide: 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.

  • 81.

    R. v. P. (J.) - [1990] 2 SCR 300 - 1990-06-28

    Supreme Court Judgments
    Appeal
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 7 , 15(1) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 294(b) [rep.   [...]  APPEAL from a judgment of the Ontario Court of Appeal (1988), 31 O.A.C. 231, allowing the Crown's appeal from a judgment of the Ontario Youth Court (1988), 5 W.C.B. (2d) 111, granting a stay of proceedings pursuant to s. 24 of the Canadian Charter of Rights and Freedoms . Appeal dismissed. Marlys Edwardh, 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

  • 82.

    Haig v. Canada; Haig v. Canada (Chief Electoral Officer) - [1993] 2 SCR 995 - 1993-09-02

    Supreme Court Judgments
    Constitutional law
    Elections

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 3 , 4 , 5 , 6 , 15(1) . Constitution Act, 1982 .   [...]  In Gérald‐A. Beaudoin and Ed Ratushny, eds., The Canadian Charter of Rights and Freedoms , 2nd ed. Toronto: Carswell, 1989, 265. Beckton, Clare.   [...]  While the Canadian Charter of Rights and Freedoms guarantees certain electoral rights, the right to vote is generally granted and defined by statute.

  • 83.

    R. v. Big M Drug Mart Ltd. - [1985] 1 SCR 295 - 1985-04-24

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 24(1) , 27 , 32(1) . Charter of the French Language, R.S.Q. 1977, c. C‐11.   [...]  "Enforcement of the Canadian Charter of Rights and Freedoms " in The Canadian Charter of Rights and Freedoms : Commentary, W.S. Tarnopolsky and G.‐A. Beaudoin eds., Toronto, Carswell Co., 1982.   [...]  On one view, the competent court in which to bring a constitutional challenge is the court with jurisdiction over the remedy sought: Gibson, "Enforcement of the Canadian Charter of Rights and Freedoms " in The Canadian Charter of Rights and Freedoms : Commentary, Tarnopolsky and Beaudoin, eds., (Toronto 1982), at p. 500.

  • 84.

    R. v. Martineau - [1990] 2 SCR 633 - 1990-09-13

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) . Crimes Act (New South Wales), s. 18.   [...]  1.Does s. 213(a) of the Criminal Code infringe or deny the rights or freedoms guaranteed by s. 7 and/or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2If the answer to question 1 is affirmative, is s. 213(a) justified by s. 1 of the Canadian Charter of Rights and Freedoms , and therefore not inconsistent with   [...]  Q:Does s. 213(a) of the Criminal Code infringe or deny the rights or freedoms guaranteed by s. 7 and/or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? A:No. Q:If the answer to question 1 is affirmative, is s. 213(a) justified by s. 1 of the Canadian Charter of Rights and Freedoms , and therefore not

  • 85.

    Manitoba (A.G.) v. Metropolitan Stores Ltd. - [1987] 1 SCR 110 - 1987-03-05

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , (b), (d), 3 , 6(2) , 7 , 15 , 23 , 24 , 32(2) .   [...]  III The Canadian Charter of Rights and Freedoms and the So‐called Presumption of Constitutional Validity   [...]  They commenced an action claiming that s. 251 was inconsistent with the Canadian Charter of Rights and Freedoms and an interim injunction and a permanent injunction.

  • 86.

    Harrison v. University of British Columbia - [1990] 3 SCR 451 - 1990-12-06

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) , (2) , 32(1) . Compensation Stabilization Act, S.B.C. 1982, c. 32.   [...]  1.Does the Canadian Charter of Rights and Freedoms apply to the appellant University of British Columbia and to its policy of mandatory retirement at age 65?   [...]  1.Does the Canadian Charter of Rights and Freedoms apply to the appellant University of British Columbia and to its policy of mandatory retirement at age 65?

  • 87.

    R. v. Wigglesworth - [1987] 2 SCR 541 - 1987-11-19

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms, ss. 11, 24(1). Constitution Act, 1867, s. 92(15).   [...]  McDonald, David C. Legal Rights in the Canadian Charter of Rights and Freedoms: A Manual of Issues and Sources. Toronto: Carswells, 1982.   [...]  At page 83 in his text on Legal Rights in the Canadian Charter of Rights and Freedoms: A Manual of Issues and Sources (1982), McDonald J. states:

  • 88.

    R. v. Guignard - 2002 SCC 14 - [2002] 1 SCR 472 - 2002-02-21

    Supreme Court Judgments
    Constitutional law
    Municipal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) . Charter of Human Rights and Freedoms, R.S.Q., c. C-12, s. 3.   [...]  12 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.   [...]  Because of the positions adopted by the parties, however, the analysis of the case will be confined to a consideration of the relevant provisions of the Canadian Charter of Rights and Freedoms . I shall begin by determining whether there is a limitation on freedom of expression and then examine the problem of justification.

  • 89.

    Corp. Professionnelle des Médecins v. Thibault - [1988] 1 SCR 1033 - 1988-05-26

    Supreme Court Judgments
    Appeal
    Constitutional law

    Appeal ‐‐ Appeal by way of trial de novo ‐‐ Whether appeal by way of trial de novo inconsistent with s. 11(h) of Canadian Charter of Rights and Freedoms ‐‐ Summary Convictions Act, R.S.Q., c. P‐15, ss. 75, 78.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2 , 7 to 15 , 33 . Charter of human rights and freedoms, R.S.Q. 1977, c. C‐12, ss. 1, 23 [am. 1982, c. 17, s. 42], 33, 37.1 [ad. 1982, c. 61, s. 14].   [...]  Canadian Charter of Rights and Freedoms 12. Appellant maintained inter alia that a de novo appeal from an acquittal is inconsistent with s. 11( h ) of the Canadian Charter , which reads as follows:

  • 90.

    R. v. Sit - [1991] 3 SCR 124 - 1991-10-03

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) . Constitution Act, 1982 , s. 52(1) .   [...]  Lamer C.J. -- This appeal involves a constitutional challenge, under ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms , to s. 213(c) of the Criminal Code, R.S.C. 1970, c. C-34 (now s. 230(c)).   [...]   by ss. 7 and/or 11(d) of the Canadian Charter of Rights and Freedoms ? Yes. 2.If the answer to question 1 is in the affirmative, is s. 213 (c) of the Criminal Code [now s. 230(c)] justified under s. 1 of the Canadian Charter of Rights and Freedoms , and therefore not inconsistent with the Constitution Act, 1982 ?

  • 91.

    Tétreault-Gadoury v. Canada (Employment and Immigration Commission) - [1989] 2 SCR 1110 - 1989-11-17

    Supreme Court Judgments
    Action

    Under Rule 32 of the Rules of the Supreme Court of Canada, a constitutional question under the Canadian Charter of Rights and Freedoms is no different from any other constitutional question.   [...]  Canadian Charter of Rights and Freedoms , s. 24 . Constitution Act, 1982 , s. 52 . Rules of the Supreme Court of Canada, SOR/83-74, rr. 4, 32 [am.   [...]   1 is affirmative, is s. 19 of the Unemployment Insurance Act, R.S.C., 1985, c. U‐1, (formerly s. 31 of the Unemployment Insurance Act, 1971, S.C. 1970-71-72, c. 48, as amended 1976-77, c. 54) justified pursuant to s. 1 of the Canadian Charter of Rights and Freedoms and thus consistent with the Constitution Act, 1982 ?

  • 92.

    Bulletin of February 3, 1995 - 1995-02-03

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Procedural law - Statutes - Interpretation - Trial - Evidence - Use of evidence from voir dire - Admissibility of alleged statements - Whether the Court of Appeal erred in applying s. 655 of the Criminal Code , R.S.C. 1985, c. C-46 .   [...]  1.Does art. 59 of the Code of Civil Procedure infringe the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? 2.If so, is it justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  3.Does art. 114 of the Code of Civil Procedure infringe the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? 4.If so, is it justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 93.

    Bulletin of April 18, 1997 - 1997-04-18

    Bulletins

    Canadian Charter of Rights and Freedoms - Civil rights - Whether the Federal Court of Appeal misapplied the minimal impairment branch of the proportionality test under s.1 of the Canadian Charter of Rights and Freedoms - Whether the Federal Court of Appeal effectively reversed the burden of proving that a limitation under   [...]  (b)If s. 322.1 of the Canada Elections Act infringes s. 2(b) and/or s. 3 of the Canadian Charter of Rights and Freedoms , is s. 322.1 a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society for the purposes of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  Constitutional law - Canadian Charter of Rights and Freedoms - Freedom of expression - Election - Referendum - Regulated expenses - National committees - Mandatory affiliation.

  • 94.

    Baier v. Alberta - 2007 SCC 31 - [2007] 2 SCR 673 - 2007-06-29

    Supreme Court Judgments
    Constitutional law
    Education law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d), 15 , 27 . Local Authorities Election Act, R.S.A. 2000, c. L‐21, ss. 21, 22.   [...]  The legislation does not infringe s. 2( b ) or 15 of the Canadian Charter of Rights and Freedoms . Therefore I would dismiss the appeal. II. FACTUAL BACKGROUND   [...]   the School Trustee Statutes Amendment Act, 2002, S.A. 2002, c. 23, infringe s. 15 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 ?

  • 95.

    Bulletin of July 21, 2006 - 2006-07-21

    Bulletins

    S.C. 1999, c. 18 , infringe the rights and freedoms guaranteed by 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 under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  S.C. 1999, c. 18 , infringe the rights and freedoms guaranteed by s. 6 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 under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   whole or in part, infringe the rights and freedoms guaranteed by 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 under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 96.

    Bulletin of June 4, 1993 - 1993-06-04

    Bulletins

    The Attorney General of Canada has properly conceded that s. 51(e) of the Canada Elections Act contravenes s. 3 of the Canadian Charter of Rights and Freedoms but submits that s. 51 (e) is saved under s. 1 of the Charter.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Trial - Pre-trial procedure - Appeal - Unreasonable delay - Accused charged with criminal negligence in the operation of a motor vehicle causing death - Delay of 26 1/2 months between charge and trial - Total delay of 42 1/2 months to the time of the hearing of the   [...]  On December 3, 1990, the Appellant applied for a stay under s. 24(1) Canadian Charter of Rights and Freedoms , based on his contention that his constitutional right to be tried within a reasonable time had been breached.

  • 97.

    Bulletin of April 23, 1993 - 1993-04-23

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Pre-trial delay - Right to full answer and defence - Alleged fraud taking place four years prior to the charge being laid - Whether the Court of Appeal erred in law in finding that the delay which occurred prior to the Applicant having been charged did not violate ss.  [...]  Canadian Charter of Rights and Freedoms - Civil rights - Social welfare - Are decisions with respect to entitlement to benefits under the Social Allowances Act R.S.M. 1987 within the ambit of s. 7 of the Charter?   [...]  3.Do the Resolutions violate the Appellant's freedoms under s. 2(b) or s. 2(d) of the Canadian Charter of Rights and Freedoms ? 4.Are the Resolutions limitations which are not justified under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 98.

    R. v. Edwards Books and Art Ltd. - [1986] 2 SCR 713 - 1986-12-18

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 7 , 15 , 24(1) , 27 , 32(2) . Commercial Establishments Business Hours Act, R.S.Q., c. H‐2, s. 5.3.   [...]  In The Canadian Charter of Rights and Freedoms : Commentary. Walter Surma Tarnopolsky and Gérald‐A. Beaudoin, eds.   [...]   infringes or denies in any way ss. 2(a), 7 and/or 15 of the Canadian Charter of Rights and Freedoms , to what extent, if any, can such limits on the rights protected by these sections be justified by s. 1 of the Canadian Charter of Rights and Freedoms and thereby rendered not inconsistent with the Constitution Act, 1982 ?

  • 99.

    Agenda / Calendrier - 2011-10-31

    News Releases

    C‐5 , 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 ?   [...]  C‐5 , infringe s. 11(c) 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. 184.4 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 8 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 ?

  • 100.

    Borowski v. Canada (Attorney General) - [1989] 1 SCR 342 - 1989-03-09

    Supreme Court Judgments
    Appeal
    Civil procedure
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15 , 24(1) . Constitution Act, 1982 , s. 52(1) .   [...]  Allegations based upon the Canadian Charter of Rights and Freedoms , which had been proclaimed on April 17, 1982, were added.   [...]  right to life as guaranteed by Section 7 of the Canadian Charter of Rights and Freedoms ? 2. If the answer to question 1 is "yes", do subsections (4), (5) and (6) of Section 251 of the Criminal Code violate or deny the principles of fundamental justice, contrary to Section 7 of the Canadian Charter of Rights and Freedoms ?