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  • 101.

    R. v. Logan - [1990] 2 SCR 731 - 1990-09-13

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 21(1), (2), 212(a)(i), 213(a), 222.   [...]  1.Does s. 21(2) of the Criminal Code contravene the rights and freedoms guaranteed by s. 7 and/or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is in the affirmative, is s. 21(2) of the Criminal Code justified under s. 1 of the Canadian Charter of Rights and Freedoms , and   [...]  1.Does s. 21(2) of the Criminal Code contravene the rights and freedoms guaranteed by s. 7 and/or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is in the affirmative, is s. 21(2) of the Criminal Code justified under s. 1 of the Canadian Charter of Rights and Freedoms , and

  • 102.

    Judgment to be Rendered in Appeal / Prochain jugement sur appel - 2012-04-11

    News Releases

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

  • 103.

    Judgments to be Rendered on Appeals - 2024-04-22

    News Releases

    — Canadian Charter of Rights and Freedoms, s. 11(d) — National Defence Act, R.S.C., 1985, c. N-5, s. 165.21(1)   [...]  — Canadian Charter of Rights and Freedoms, s. 11(d) — National Defence Act, R.S.C., 1985, c. N-5, s. 165.21(1)   [...]  — Canadian Charter of Rights and Freedoms, s. 11(d) — National Defence Act, R.S.C., 1985, c. N-5, s. 165.21(1)

  • 104.

    Stoffman v. Vancouver General Hospital - [1990] 3 SCR 483 - 1990-12-06

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) , 32(1)( a ) ,(b). Charity Aid Act, R.S.O. 1877, c. 223.   [...]  5.04 of the Medical Staff Regulations contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms ? 3.If the answer to question 1 is yes, was the administration of Regulation 5.04 of the Medical Staff Regulations by the Vancouver General Hospital contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms ?   [...]  of the Medical Staff Regulations contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms ? Yes. 3.If the answer to question 1 is yes, was the administration of Regulation 5.04 of the Medical Staff Regulations by the Vancouver General Hospital contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms ?

  • 105.

    Rudolph Wolff & Co. v. Canada - [1990] 1 SCR 695 - 1990-03-29

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) . Crown Liability Act, R.S.C. 1970, c. C‐38, s. 7(1).   [...]  1.Are section 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 s. 15 of the Canadian Charter of Rights and Freedoms in so far as they confer exclusive jurisdiction in the Federal Court in relation to   [...]  2.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 with s. 15 of the Canadian Charter of Rights and Freedoms , are they a reasonable limit within the meaning of s. 1 of the Charter ?

  • 106.

    Bulletin of April 16, 2004 - 2004-04-16

    Bulletins

    Canadian Charter of Rights and Freedoms - Section 7 - Right to Silence - Section 10(b) - Right to Counsel - Whether the Alberta Court of Appeal erred in law in concluding that the Applicant’s right to remain silent under section 7 of the Canadian Charter of Rights and Freedoms was not violated.   [...]   of the judicial process, contrary to the principles of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms - Whether the Alberta Court of Appeal erred in law in concluding that the accused’s right to counsel under section 10 b) of the Canadian Charter of Rights and Freedoms was not violated.   [...]   a motor vehicle, infringe s. 10( b ) of the Canadian Charter of Rights and Freedoms ? 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 ?

  • 107.

    Bulletin of October 9, 1992 - 1992-10-09

    Bulletins

    Criminal law - Evidence - Canadian Charter of Rights and Freedoms - Trial - Narcotics - Was employment of Applicant's former lawyer as informer an abuse of process?   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Offences - Interpretation - Respondent charged with storing firearms and ammunitions in a "careless manner" contrary to s. 86(2) of the Criminal Code , R.S.C. 1985, c. C-46 - Whether the Court of Appeal for Saskatchewan erred in ruling that s. 86(2) of the Criminal   [...]  Prior to trial, the Respondent made an application for a stay of proceedings, on the basis that s. 86(2) of the Criminal Code violated s. 7 of the Canadian Charter of Rights and Freedoms in a manner that could not be justified under s. 1 of the Charter .

  • 108.

    RWDSU v. Dolphin Delivery Ltd. - [1986] 2 SCR 573 - 1986-12-18

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d), 15(1) , 32(1) . Constitution Act, 1867 , ss. 12 , 16 , 132 .   [...]  "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.   [...]  27. Support for this view is found in Peter W. Hogg, supra, at pp. 670‐78, and in an article by Katherine Swinton, "Application of the Canadian Charter of Rights and Freedoms ", in Tarnopolsky and Beaudoin, eds., The Canadian Charter of Rights and Freedoms ‐‐Commentary.

  • 109.

    Bulletin of February 25, 1994 - 1994-02-25

    Bulletins

    1. Does ss. 85(1) of the Criminal Code , R.S.C. 1985, c. C-46 infringe s. 12 of the Canadian Charter of Rights and Freedoms by reason of the minimum sentence provided for in clause (d)?   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Legislation - Young offenders - Offences - Trial - Evidence.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Evidence - Right to retain and instruct counsel - Did the Court of Appeal err in failing to find a breach of section 10(b) of the Canadian Charter of Rights and Freedoms ?

  • 110.

    Agenda / Calendrier - 2004-09-27

    News Releases

    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 - S.11(c) - Administrative law - Taxation - Customs and excise - Seizure - Notice of ascertained forfeiture - Customs Act, R.S.C. (1985), c. 1 (2nd suppl .)   [...]  Canadian Charter of Rights and Freedoms - Municipal law - Freedom of expression - Municipality - By-law - Nuisance - Noise - Section 2(b) of the Canadian Charter of Rights and Freedoms - Articles. 9(1) and 11 of the By-law concerning noise of the Ville de Montréal, R.B.C.M., c. B-3 (By-law) - Whether articles 9(1) and 11 of

  • 111.

    Bulletin of June 17, 2005 - 2005-06-17

    Bulletins

    Improvement Act, S.B.C. 2002, c. 2, in whole or in part, infringe section 2( d ) 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 ?   [...]  Social Services Delivery Improvement Act, in whole or in part, infringe section 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 ?   [...]  The Crown conceded that both accused had been detained for the purposes of s. 10( b ) of the Canadian Charter of Rights and Freedoms before being arrested and that neither of them was fully advised of his right to counsel until after he was arrested.

  • 112.

    Moysa v. Alberta (Labour Relations Board) - [1989] 1 SCR 1572 - 1989-06-08

    Supreme Court Judgments
    Constitutional law
    Evidence

    Canadian Charter of Rights and Freedoms , s. 2 ( b ) . Labour Relations Act, R.S.A. 1980, c. L‐1.1, s. 13 [am. 1983, c. 34, s. 2(6)].   [...]  The refusal was grounded in part on an alleged right to protect sources of information on the basis of a qualified privilege either at common law or under s. 2( b ) of the Canadian Charter of Rights and Freedoms . The appellant's claim arose in the following manner.   [...]  1. Does requiring a journalist witness to disclose communications from a source violate s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 2. Does requiring a journalist witness to disclose communications to some other person violate s. 2( b ) of the Canadian Charter of Rights and Freedoms ?

  • 113.

    Bulletin of September 25, 1992 - 1992-09-25

    Bulletins

    Canadian Charter of Rights and Freedoms - Procedural law - Appeals - Statutes - Interpretation - Did Federal Court of Appeal err in finding that s. 18 (3) of the Citizenship Act R.S.C. 1985, c. C-29 as am. did not violate the provisions of s. 7 of the Canadian Charter of Rights and Freedoms ?   [...]  1. Does section 715.1 of the Criminal Code , R.S.C., 1985, c. C-46 , in whole or in part, limit the rights guaranteed under section 7 of the Canadian Charter of Rights and Freedoms ? 1. L'article 715.1 du Code criminel , L.R.C. (1985), ch.   [...]  Non‐compellability corresponds to the approach adopted in common law, from which the Quebec law of contempt of court derives, and is consistent with the Canadian Charter of Rights and Freedoms , which protects the right against self‐incrimination.

  • 114.

    Bulletin of November 20, 1992 - 1992-11-20

    Bulletins

    Canadian Charter of Rights and Freedoms - Procedural law - Property law - Does the law allow a court to dispossess an individual of right of possession or ownership without a trial?   [...]  3.Do ss. 515(6)(a) and 515(6)(d) of the Criminal Code limit ss. 7 , 9 , 11( d ) and 11( e ) of the Canadian Charter of Rights and Freedoms ? Answer:With respect to ss. 7 , 9 and 11 (d) of the Charter, the answer is no.   [...]  ‐‐ Whether criteria of public interest and public safety in s. 515(10)(b) infringe ss. 7 , 9 , 11(d) or 11(e) of Canadian Charter of Rights and Freedoms ‐‐ Criminal Code, R.S.C., 1985, c. C‐46, s. 515(10) (b).

  • 115.

    Bulletin of June 3, 1994 - 1994-06-03

    Bulletins

    Environmental law - Canadian Charter of Rights and Freedoms - Statutes - Interpretation - Damages - Application for compensation for injuries suffered as a result of pollutants in the environment - Remedy under Part IX of the Environmental Protection Act restricted by Court of Appeal to spills occurring after the date of   [...]  Constitutional Law - Canadian Charter of Rights and Freedoms - Statutes - Interpretation - Right to practice public accountancy - Public accounting in Prince Edward Island restricted to chartered accountants - Applicants are certified general accountants and are qualified to practice public accounting in other Canadian   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Section 10(b) violation - Right to counsel - Appellant subjected to demand to provide breath sample but not being informed he could obtain free advice immediately from Legal Aid lawyer whether or not he could afford a lawyer - Whether the Appellant was informed of his

  • 116.

    Judgments to be Rendered in Appeals - 2012-10-29

    News Releases

    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 .

  • 117.

    R. v. Généreux - [1992] 1 SCR 259 - 1992-02-13

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 11( d ) , (f), 15 , 24(1) , (2) .   [...]  4.If the answer to question 3 is yes, is it a reasonable limit in a free and democratic society and therefore justified under s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  4.If the answer to question 3 is yes, is it a reasonable limit in a free and democratic society and therefore justified under s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 118.

    Agenda / Calendrier - 2009-11-30

    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

  • 119.

    Bulletin of December 10, 1993 - 1993-12-10

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Parole - Prisons - Effect of parole revocation under s. 138 of the Corrections and Conditional Release Act - Whether the Court of Appeal erred in distinguishing Marcotte v. The Deputy General of Canada [1976], 1 S.C.R. 108, which held that remission cannot be   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Offences - Interpretation - Procedural law - Pre-trial procedure - Did information disclose offence known to law?   [...]  - Whether Court of Appeal erred in failing to hear the constitutional issue that s. 155(1) of the Criminal Code violates the applicant's rights under s. 6 of the Canadian Charter of Rights and Freedoms , is vague and imprecise regarding the word "child" - Whether Court of Appeal erred in failing to hear the constitutional

  • 120.

    Law society of Upper Canada v. Skapinker - [1984] 1 SCR 357 - 1984-05-03

    Supreme Court Judgments
    Constitutional law

    (b) of s. 6(2) of the Canadian Charter of Rights and Freedoms , it is unnecessary to proceed to the effect of subs.   [...]  canadian charter of rights and freedoms ... Mobility Rights 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.   [...]  (2) of s. 6 of the Canadian Charter of Rights and Freedoms as adopted in the Constitution Act, 1982 , and as now incorporated in the Constitution Acts, 1867 to 1982.

  • 121.

    Weatherall v. Canada (Attorney General) - [1993] 2 SCR 872 - 1993-08-12

    Supreme Court Judgments
    Constitutional law
    Criminal law

    prisons by female guards infringe s. 7 of Canadian Charter of Rights and Freedoms . Constitutional law ‐‐ Charter of Rights ‐‐ Unreasonable search and seizure ‐‐ Prisoners ‐‐ Whether frisk searches and unannounced patrols of cells in male prisons by female guards infringe s. 8 of Canadian Charter of Rights and Freedoms .   [...]   in male prisons by female guards infringe s. 15 of Canadian Charter of Rights and Freedoms . Prisons ‐‐ Prisoners' rights ‐‐ Frisk searches and surveillance ‐‐ Whether frisk searches and unannounced patrols of cells in male prisons by female guards infringe ss. 7 , 8 and 15 of Canadian Charter of Rights and Freedoms .   [...]  The trial judge concluded that the cross‐gender frisk searches did not violate ss. 7 , 8 and 15 of the Canadian Charter of Rights and Freedoms but that the winds conducted by female guards constituted an invasion of privacy of male inmates contrary to s. 8.

  • 122.

    Bulletin of May 28, 1993 - 1993-05-28

    Bulletins

    1. Does the Maintenance of Ports Operations Act, 1986 contravene s. 7 of the Canadian Charter of Rights and Freedoms ? 1. La Maintenance of Ports Operations Act, 1986 contrevient-elle à l'art. 7 de la Charte canadienne des droits et libertés ?   [...]  3. Does the Maintenance of Ports Operations Act, 1986 contravene s. 2(d) of the Canadian Charter of Rights and Freedoms ? 3. La Maintenance of Ports Operations Act, 1986 contrevient-elle à l'al. 2 d ) de la Charte canadienne des droits et libertés ?   [...]  Canadian Charter of Rights and Freedoms - Civil rights - Right to vote - Federal legislation prohibiting inmates of prisons from voting in elections - Whether rights of inmates under s. 3 of the Charter are thereby infringed - Applicability of s. 1 of the Charter.

  • 123.

    Bulletin of June 18, 1999 - 1999-06-18

    Bulletins

    3. If so, can these infringements be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? The answers to the preceding questions make it unnecessary to answer this question.   [...]  3. If so, can these infringements be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? The answers to the preceding questions make it unnecessary to answer this question.   [...]  3. If so, can these infringements be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? The answers to the preceding questions make it unnecessary to answer this question.

  • 124.

    R. v. Mannion - [1986] 2 SCR 272 - 1986-10-09

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 13 . Criminal Code, R.S.C. 1970, c. C‐34, s. 613(1)(b)(iii).   [...]  given at a previous trial on the same charge infringes or denies the right guaranteed in s. 13 of the Canadian Charter of Rights and Freedoms ? 2. If so, is such cross‐examination justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms and, therefore, not inconsistent with the Constitution Act, 1982 ?   [...]   at a previous trial on the same charge infringes or denies the right guaranteed in s. 13 of the Canadian Charter of Rights and Freedoms ? Yes. 2. If so, is such cross‐examination justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms and, therefore, not inconsistent with the Constitution Act, 1982 ?

  • 125.

    R. v. Dersch - [1993] 3 SCR 768 - 1993-10-21

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 24 , 32(1) . Criminal Code , R.S.C., 1985, c. C‐46 , ss. 254 [rep.   [...]  II.Relevant Provisions of 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.   [...]  I do, however, find that the case at hand raises particular points, with regard to the exclusion of evidence through the application of s. 24(2) of the Canadian Charter of Rights and Freedoms , that necessitate further comment, particularly since they were raised and discussed at length before us.