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  • 126.

    R. v. Turpin - [1989] 1 SCR 1296 - 1989-05-04

    Supreme Court Judgments
    Constitutional law
    Criminal law

    The trial judge granted the motion holding that the effect of s. 11( f ) of the Canadian Charter of Rights and Freedoms was to allow an accused to elect whether to be tried by a judge and jury or by a judge alone.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( f ) , 15 , 24(1) . Commonwealth of Australia Constitution Act, s. 80.   [...]  The Canadian Charter of Rights and Freedoms 11. Any person charged with an offence has the right

  • 127.

    R. v. Jones - [1986] 2 SCR 284 - 1986-10-09

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 7 , 24 . Constitution Act, 1867 , s. 96 .   [...]  In The Canadian Charter of Rights and Freedoms : Commentary. Edited by Walter S. Tarnopolsky and Gérald‐A. Beaudoin.   [...]  Answer: Sections 142, 143 and 180 of the School Act, R.S.A. 1980, c. 3, are not inconsistent with s. 2( a ) of the Canadian Charter of Rights and Freedoms . Those sections are, however, inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms and therefore of no force and effect to the extent of the

  • 128.

    Bulletin of February 18, 1994 - 1994-02-18

    Bulletins

    2. Are ss. 2, 4 and 8 of the Judicial Code of Ethics, O.C. 643-82 (1982), 114 G.O.Q. II 1253, so vague and imprecise as to limit the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms or as to violate the constitutional guarantee of an independent judiciary?   [...]  5. If the answer to question 4 is affirmative, does s. 8 of the Code constitute a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? 11.2.1994 Before / Devant: LE JUGE LA FOREST   [...]   a judge of the Court of Quebec before the Conseil de la magistrature, violate the principles of judicial impartiality and independence guaranteed inter alia by the preambles to the Constitution Act, 1867 and the Canadian Charter of Rights and Freedoms , as well as by s. 7 of the Canadian Charter of Rights and Freedoms ?

  • 129.

    Bulletin of February 4, 1994 - 1994-02-04

    Bulletins

    Canadian Charter of Rights and Freedoms - Civil rights - Civil procedure - Actions - Contracts - Costs - Is Charter offended when either the courts or the rules of court do not compensate for the fact that a layperson does not have the specialized knowledge of law and procedures that a lawyer has?   [...]  Canadian Charter of Rights and Freedoms - Administrative law - Broadcasting - Whether the Respondent is subject to the Canadian Charter of Rights and Freedoms in relation to a decision to exclude the Applicant party from participation in the leaders debates on national television - If so, is the decision to so exclude the   [...]  2. If the answer to question 1 is in the affirmative, are these provisions justified pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ? Vu la réponse à la première question la deuxième question ne se soulève pas.

  • 130.

    R. v. Naglik - [1993] 3 SCR 122 - 1993-09-09

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( c ) , 24(1) . Criminal Code, R.S.C. 1970, c. C‐34, s. 197.   [...]  Canadian Charter of Rights and Freedoms 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.   [...]  Whether one relies on the common law, the Canada Evidence Act or the Canadian Charter of Rights and Freedoms , there exists no rule of law prohibiting such comment.

  • 131.

    Bulletin of July 21, 2000 - 2000-07-21

    Bulletins

    7 , 11(d) or 11(f) of the Canadian Charter of Rights and Freedoms ? 2 If the answer to Question 1 is yes, is Section 649 of the Criminal Code a reasonable limit, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to Section 1 of the Canadian Charter of Rights and Freedoms ?   [...]   common law rule a reasonable limit, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to Section 1 of the Canadian Charter of Rights and Freedoms ; and if not, ought the said common law rule to be modified to conform with the said Canadian Charter of Rights and Freedoms ?   [...]   7 , 11(d) or 11(f) of the Canadian Charter of Rights and Freedoms ? 8 If the answer to Question 7 is yes, is Section 653(2) of the Criminal Code a reasonable limit, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to Section 1 of the Canadian Charter of Rights and Freedoms ?

  • 132.

    Bulletin of March 5, 2010 - 2010-03-05

    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 .   [...]   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 ?

  • 133.

    R. v. Schwartz - [1988] 2 SCR 443 - 1988-12-08

    Supreme Court Judgments
    Constitutional law
    Courts
    Criminal law

    "The Role of the Accused in the Criminal Process," in Gérald‐A. Beaudoin and Walter Surma Tarnopolsky, eds., The Canadian Charter of Rights and Freedoms : Commentary. Toronto: Carswells, 1982. Stuart, Donald.   [...]  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.   [...]  72. Beetz J.‐‐Given the dates of the pre‐Charter trial and the post‐Charter summary conviction appeal, I assume without deciding that the Canadian Charter of Rights and Freedoms applies to this case, and I agree with Justice McIntyre.

  • 134.

    R. v. Milne - [1987] 2 SCR 512 - 1987-11-19

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 9 , 11 , 12 , 24(1) . Criminal Code, R.S.C. 1970, c. C‐34, Part XXI, ss. 157, 617, 687(b) [rep.   [...]   guaranteed by ss. 7, 9, 11 and/or 12 of the Canadian Charter of Rights and Freedoms ? 2. If so, then are the provisions of Part XXI of the Criminal Code , in whole or in part, justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  27. Estey J. (dissenting)‐‐The issue in this appeal is whether the continued detention of the appellant violates a right guaranteed to him under the Canadian Charter of Rights and Freedoms to be protected against cruel and unusual punishment (s. 12).

  • 135.

    Delisle v. Canada (Deputy Attorney General) - [1999] 2 SCR 989 - 1999-09-02

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d), 15(1) , 32(1) . Code of Conduct, SOR/88-361, Part III, ss. 39 [am.   [...]  Like them, I believe that s. 2( d ) of the Canadian Charter of Rights and Freedoms protects RCMP members against any interference by management in the establishment of an employee association.   [...]  54 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.

  • 136.

    Bulletin of June 29, 2001 - 2001-06-29

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Right to counsel - Breathalyzer - Whether the Applicant’s right to retain and instruct counsel without delay pursuant to s. 10 of the Canadian Charter of Rights and Freedoms had been violated - Whether the evidence of refusal should have been excluded - Whether the   [...]   common law rule 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 ; and if not, ought the said common law rule to be modified to conform with the said Canadian Charter of Rights and Freedoms ?   [...]  7. Does s. 653(2) of the Criminal Code violate s. 7 , 11( d ) or 11( f ) of the Canadian Charter of Rights and Freedoms ? Answer: It is unnecessary to answer this question.

  • 137.

    R. v. Furtney - [1991] 3 SCR 89 - 1991-09-26

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( g ) , 15 . Constitution Act, 1867 , ss. 92(7) , (9) , (13) .   [...]  Canadian Charter of Rights and Freedoms 11. Any person charged with an offence has the right   [...]   c. C‐46 , infringe or deny the rights guaranteed under ss. 7 or 11( g ) of the Canadian Charter of Rights and Freedoms ? If so, is such non‐publication a reasonable limit prescribed by law demonstrably justified in a free and democratic society and thereby saved by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 138.

    R. v. Keegstra - [1990] 3 SCR 697 - 1990-12-13

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 8 , 11 (d ) , 15 , 16 to 23 , 25 , 27 , 28 , 29 .   [...]  In Gérald‐A. Beaudoin and Ed Ratushny eds., The Canadian Charter of Rights and Freedoms . Toronto: Carswells, 1989, 195. Berlin, Isaiah.   [...]  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.

  • 139.

    Bulletin of November 22, 2002 - 2002-11-22

    Bulletins

    3. Does s. 51(3) of the Privacy Act infringe or deny the appellant’s rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: Assuming without deciding that s. 7 applies, the answer is no.   [...]  Criminal law — Proceeds of crime — Restraint order — Nature and scope of restraint orders — Whether restraint order a seizure within meaning of s. 8 of Canadian Charter of Rights and Freedoms — Criminal Code, R.S.C. 1985, c. C‐46, s. 462.33(3) .   [...]  The trial judge found that the evidence gathered by the auditors was not obtained in violation of the taxpayer’s rights under the Canadian Charter of Rights and Freedoms and denied a motion to exclude the evidence under s. 24(2) of the Charter .

  • 140.

    Judgment in Appeal / Jugement sur appel - 2011-07-21

    News Releases

    by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? It is not necessary to answer this question. 3. Do ss. 75 and/or 90 of the Metis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 7 of the Canadian Charter of Rights and Freedoms ?   [...]   by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? It is not necessary to answer this question. 5. Do ss. 75 and/or 90 of the Metis Settlements Act, R.S.A. 2000, c. M-14, 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 Freedom s ? It is not necessary to answer this question.

  • 141.

    Judgment in Appeal / Jugement sur appel - 2004-01-30

    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 within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms ? Answer: It is unnecessary to decide this question.   [...]  3. Does s. 43 of the Criminal Code , R.S.C. 1985, c. C-46 , infringe the rights of children under s. 12 of the Canadian Charter of Rights and Freedoms ? Answer: No. Arbour and Deschamps JJ. would answer that it is unnecessary to decide this question.   [...]  5. Does s. 43 of the Criminal Code , R.S.C. 1985, c. C-46 , infringe the rights of children under s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. Binnie and Deschamps JJ. would answer yes.

  • 142.

    Bulletin of March 17, 1995 - 1995-03-17

    Bulletins

    de la magistrature against a judge of the Court of Quebec, are they contrary to the principles of impartiality and judicial independence guaranteed inter alia by the preambles to the Constitution Act, 1867 and the Canadian Charter of Rights and Freedoms , as well as by s. 7 of the Canadian Charter of Rights and Freedoms ?   [...]   in a free and democratic society, in accordance with s. 1 of the Canadian Charter of Rights and Freedoms ? 3. Is s. 8 of the Judicial Code of Ethics (decree 643‐82 (1982), 114 G.O.2, 1648) imposing on judges of the Court of Quebec a duty of reserve contrary to s. 2 ( b ) of the Canadian Charter of Rights and Freedoms ?   [...]  4. If the answer to question 3 is in the affirmative, is s. 8 of the Code a rule of law which places such reasonable limits prescribed by law on rights and freedoms as can be demonstrably justified in a free and democratic society, in accordance with s. 1 of the Canadian Charter of Rights and Freedoms ? Origin of case:

  • 143.

    R. v. Therens - [1985] 1 SCR 613 - 1985-05-23

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 10 , 24 . Constitution Act, 1982 , s. 52 .   [...]   10 of the Canadian Charter of Rights and Freedoms ? (2) Did the court err in law in holding that it had a power to exclude evidence under subsection (1) of Section 24 of the Canadian Charter of Rights and Freedoms whether or not admitting the evidence in question would bring the administration of justice into disrepute?   [...]  The suggestion of opinion polls (see D. Gibson, "Determining Disrepute: Opinion Polls and the Canadian Charter of Rights and Freedoms " (1983), 61 Can. Bar Rev. 377) encounters, in my opinion, two fatal objections.

  • 144.

    Judgment in Appeal - 2016-10-14

    News Releases

    b) section 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: Sections 27, 30 and 32 of the Act violate the principle of judicial independence.   [...]  b) section 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 4. If so, in respect of s. 11( d ) of the Canadian Charter of Rights and Freedoms , 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 Charter ?   [...]  b) section 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 6. If so, in respect of s. 11( d ) of the Canadian Charter of Rights and Freedoms , 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 Charter ?

  • 145.

    Judgments in Appeals / Jugements sur appels - 2006-07-21

    News Releases

    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 ?

  • 146.

    Judgment in Appeal / Jugement sur appel - 2004-05-18

    News Releases

    1. Do ss. 323(1) and (3), 350, 351, 352, 353, 354, 355, 356, 357, 359, 360 and 362 of the Canada Elections Act , S.C. 2000, c. 9 , infringe s. 2( b ) of the Canadian Charter of Rights and Freedoms ? Yes, except s. 351. The Chief Justice and Major and Binnie JJ. would also answer yes, but find it unnecessary to answer the   [...]  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 ? 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 ?   [...]  5. Do ss. 351, 356, 357(3), 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 ? No. The Chief Justice and Major and Binnie JJ. would answer no with respect to ss. 356, 357(3), 359 and 362, and find it unnecessary to answer the question with respect

  • 147.

    Bulletin of January 11, 2002 - 2002-01-11

    Bulletins

    3. Is s. 16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 4. If the answer to question 3 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  5. Is s. 16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? 6. If the answer to question 5 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  7. Is s. 16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 15(1) of the Canadian Charter of Rights and Freedoms ? 8. If the answer to question 7 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 148.

    Judgments in Appeals - 2015-01-16

    News Releases

    1988, SOR/88-361, infringe s. 2( d ) of the Canadian Charter of Rights and Freedoms ? Yes. Rothstein J. would 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 ?   [...]   Act, S.C. 2003, c. 22 , infringe s. 2( d ) of the Canadian Charter of Rights and Freedoms ? Yes. Rothstein J. would 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 ?   [...]  Act , S.C. 2009, c. 2, s. 393 , infringe s. 2( d ) of the Canadian Charter of Rights and Freedoms ? No. Abella J. would 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 ?

  • 149.

    Judgments in Appeals - 2012-11-02

    News Releases

    (d.1) of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No 2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 11( c ) of the Canadian Charter of Rights and Freedoms ? Answer: No 4. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes 6. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 150.

    News release of October 9, 1997 - 1997-10-09

    News Releases

    1. Does the definition of “benefits” in s. 1 of the Medicare Protection Act, S.B.C. 1992, c. 76, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms by failing to include medical interpreter services for the deaf?   [...]  2. If the answer to question 1 is yes, is the infringement demonstrably justified in a free and democratic society pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ? Answer: It is not necessary to answer this question.   [...]   C‐64.1, adopted under s. 44 of the Referendum Act, violate in whole or in part s. 2(b) and/or s. 2 ( d ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 2. If they do, do these sections or any of them constitute a reasonable limit prescribed by law under s. 1 of the Canadian Charter of Rights and Freedoms ?