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  • 151.

    Divito v. Canada (Public Safety and Emergency Preparedness) - 2013 SCC 47 - [2013] 3 SCR 157 - 2013-09-19

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 6 , 32 , 33 . International Transfer of Offenders Act , S.C. 2004, c. 21, ss. 3 , 8 , 10(1) , (2) , 11(2) , 31 .   [...]  [1] ABELLA J. — Mobility rights are protected by s. 6 of the Canadian Charter of Rights and Freedoms . These include the right in s. 6(1) of every citizen to enter, remain in, and leave Canada.   [...]   of Offenders Act , S.C. 2004, c. 21 , infringe the right guaranteed by s. 6(1) of the Canadian Charter of Rights and Freedoms ? (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 ?

  • 152.

    Bulletin of November 27, 1992 - 1992-11-27

    Bulletins

    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.   [...]  Canadian Charter of Rights and Freedoms - Municipal law - Administrative law - Criminal law - Statutes - Statutory instruments - Interpretation - Freedom of expression - Municipal by-laws regulating street vending.

  • 153.

    R. v. Ladouceur - [1990] 1 SCR 1257 - 1990-05-31

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 9 , 24(1) , (2) . Compulsory Automobile Insurance Act, R.S.O. 1980, c. 83, s. 3(1).   [...]  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. 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.

  • 154.

    R. v. Duarte - [1990] 1 SCR 30 - 1990-01-25

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 1 , 8 , 24(2) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 178.1, 178.11(1), (2)(a), 178.12(1), 178.13(1), (2)(e), 178.16(1)(a), (b), 178.22(1), 178.23(1).   [...]  LA FOREST J. -- This appeal is concerned with the protection accorded by s. 8 of the Canadian Charter of Rights and Freedoms against electronic recording of the conversations of individuals with the police and informers in the absence of judicial authorization.   [...]  Consequently, I need not address the issue as to whether the evidence should be excluded under s. 24(2) of the Canadian Charter of Rights and Freedoms , and I would dismiss this appeal. Appeal dismissed.

  • 155.

    Bulletin of September 3, 1993 - 1993-09-03

    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.   [...]  1. Does s. 394(1)(b) of the Criminal Code , R.S.C. 1985, c. C-46 infringe s. 11(d) of the Canadian Charter of Rights and Freedoms ? 1. L'alinéa 394(1) b) du Code criminel , L.R.C. (1985), ch.

  • 156.

    Judgment to be Rendered in Appeal / Prochain jugement sur appel - 2011-07-18

    News Releases

    75 and/or 90 of the Métis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 2(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 ?   [...]   ss. 75 and/or 90 of the Métis Settlements Act, R.S.A. 2000, c. M-14, 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 ?   [...]  ss. 75 and/or 90 of the Métis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 15 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 ?

  • 157.

    Osborne v. Canada (Treasury Board) - [1991] 2 SCR 69 - 1991-06-06

    Supreme Court Judgments
    Constitutional law

    ‐‐ Canadian Charter of Rights and Freedoms, s. 2(b) ‐‐ Public Service Employment Act, R.S.C., 1985, c. P‐33, s. 33 .   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d), 24(1) . Constitution Act, 1982 , s. 52(1) .   [...]  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.

  • 158.

    R. v. Finlay - [1993] 3 SCR 103 - 1993-09-09

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Criminal law ‐‐ Mens rea ‐‐ Criminal Code prohibiting storing of firearms or ammunition "in a careless manner" ‐‐ Whether offence satisfies minimum fault requirements under s. 7 of Canadian Charter of Rights and Freedoms ‐‐ Criminal Code, R.S.C., 1985, c. C‐46, s. 86(2) .   [...]  He was granted a stay of proceedings in Provincial Court, on the basis that s. 86(2) 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 .   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 24 . Constitution Act, 1982 , s. 52 .

  • 159.

    R. v. Landry - [1991] 1 SCR 99 - 1991-01-25

    Supreme Court Judgments
    Constitutional law
    Criminal law

    The Court further held that, in view of s. 7 of the Canadian Charter of Rights and Freedoms , s. 16 must be interpreted in a sufficient broad manner in order to offer a defence to the accused in this case.   [...]  Canadian Charter of Rights and Freedoms , s. 7 . Criminal Code , R.S.C., 1985, c. C‐46 , ss. 16 , 686(1) (d) [formerly s. 613(1)(d)].   [...]  Turning to the second issue referred to by Lamer C.J., the Court of Appeal's reference to s. 7 of the Canadian Charter of Rights and Freedoms cannot serve to alter the position outlined above.

  • 160.

    R. v. Arkell - [1990] 2 SCR 695 - 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(2), 213(a), 214(5), 613(1)(b)(iii), 669(a).   [...]  1.Does s. 213(a) of the Criminal Code (as it read in November 1984) 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 affirmative, is s. 213 (a) of the Criminal Code (as it read in November 1984) justified by s. 1 of the   [...]  3.Does s. 214(5) of the Criminal Code (as it read in November 1984) contravene the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? 4.If the answer to question 3 is affirmative, is s. 214(5) of the Criminal Code (as it read in November 1984) justified by s. 1 of the Charter and

  • 161.

    Judgment in Appeal and Leave Applications / Jugement sur pourvoi et demandes d'autorisation - 2003-01-30

    News Releases

    of The Gaming Control Local Option (VLT) Act inconsistent with s. 2( b ) of the Canadian Charter of Rights and Freedoms ? Answer: No. (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 ?   [...]   s. 16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. (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 ?   [...]  16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. (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 ?

  • 162.

    Bulletin of May 31, 2013 - 2013-05-31

    Bulletins

    ‐ 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 ?

  • 163.

    R. v. Ruzic - 2001 SCC 24 - [2001] 1 SCR 687 - 2001-04-20

    Supreme Court Judgments
    Constitutional law
    Criminal law

    She successfully challenged the constitutionality of s. 17 under s. 7 of the Canadian Charter of Rights and Freedoms , raised the common law defence of duress and was acquitted.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 24 . Constitution Act, 1982 , s. 52 .   [...]  8 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.

  • 164.

    R. v. Hess; R. v. Nguyen - [1990] 2 SCR 906 - 1990-10-04

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15 , 28 , 33 . Constitution Act, 1982 , s. 52(1) .   [...]   section 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. 4. If the answer to question 3 is in the affirmative, is section 146(1) of the Criminal Code (as it read in May, 1985) nevertheless justified pursuant to section 1 of the Canadian Charter of Rights and Freedoms , and therefore not   [...]  Ct. J. allowed the motion, on the grounds that s. 146(1) infringed s. 15 of the Canadian Charter of Rights and Freedoms by providing protection to females but not to males under fourteen years of age.

  • 165.

    United States of America v. Cotroni; United States of America v. El Zein - [1989] 1 SCR 1469 - 1989-06-08

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 6(1) , 7 . Constitution Act, 1982 , s. 52(1) .   [...]  in s. 6(1) of the Canadian Charter of Rights and Freedoms ? 2.If the surrender of such citizen constitutes a prima facie infringement of his right to remain in Canada, does the surrender of respondent in the circumstances of this case constitute a reasonable limit under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   s. 6(1) of the Canadian Charter of Rights and Freedoms ? 2. If the surrender of such citizen constitutes a prima facie infringement of his right to remain in Canada, does the surrender of respondent in the circumstances of this case constitute a reasonable limit under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 166.

    Ahani v. Canada (Minister of Citizenship and Immigration) - 2002 SCC 2 - [2002] 1 SCR 72 - 2002-01-11

    Supreme Court Judgments
    Administrative law
    Constitutional law

    Constitutional law — Charter of Rights — Fundamental justice — Immigration — Deportation — Risk of torture — Whether deportation of refugee facing risk of torture contrary to principles of fundamental justice — Canadian Charter of Rights and Freedoms, s. 7 — Immigration Act, R.S.C. 1985, c. I‐2, s. 53(1)(b).   [...]  Constitutional law — Charter of Rights — Fundamental justice — Vagueness — Whether terms “danger to the security of Canada” and “terrorism” in deportation provisions of immigration legislation unconstitutionally vague — Canadian Charter of Rights and Freedoms, s. 7 — Immigration Act, R.S.C. 1985, c. I‐2, ss. 19(1),   [...]  Canadian Charter of Rights and Freedoms , s. 7 . Immigration Act, R.S.C. 1985, c. I‐2, ss. 19(1)(e)(iii), (iv)(C), (f)(ii), (iii)(B) [am. 1992, c. 49, s. 11(2)], (g), 40.1, 53(1)(b) [rep.

  • 167.

    Bulletin of July 10, 2009 - 2009-07-10

    Bulletins

    - Canadian Charter of Rights and Freedoms , s. 15 . In 2002, the Applicant stopped work due to multiple sclerosis.   [...]   517 of the Criminal Code , R.S.C. 1985, c. C‐46 , as amended, 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 ?   [...]  1. Does the Canadian Charter of Rights and Freedoms apply, pursuant to section 32 of the Canadian Charter of Rights and Freedoms , to clause 2 and the Standards and Limitations numbered 7 and 9 of the transit authorities’ advertising policies?

  • 168.

    New Brunswick (Minister of Health and Community Services) v. G. (J.) - [1999] 3 SCR 46 - 1999-09-10

    Supreme Court Judgments
    Action
    Appeal
    Constitutional law
    Family law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2 , 7 , 10 , 11( d ) , 15(1) , 24(1) , 28 .   [...]  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. 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.

  • 169.

    R. v. Colarusso - [1994] 1 SCR 20 - 1994-01-26

    Supreme Court Judgments
    Constitutional law

    Constitutional law ‐‐ Charter of Rights ‐‐ Unreasonable search and seizure ‐‐ Coroners Act permitting warrantless seizures by coroners ‐‐ Whether provision violates s. 8 of Canadian Charter of Rights and Freedoms -- Coroners Act, R.S.O. 1980, c. 93, s. 16(2)(a) -- Canadian Charter of Rights and Freedoms, s. 8 .   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 8 , 24(1) , (2) . Constitution Act, 1867 , s. 91(27) .   [...]  1.Is s. 16(2) of the Coroners Act, R.S.O. 1980, c. 93, as amended, inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms ? 2.If s. 16(2) of the Coroners Act, R.S.O. 1980, c. 93, as amended, is inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms , does this provision operate as a reasonable

  • 170.

    Judgment to be Rendered in Appeal - 2016-10-11

    News Releases

    are contrary to principle of judicial independence guaranteed by Constitution Act, 1867 or s. 11( d ) of Canadian Charter of Rights and Freedoms - If so, in case of s . 11 ( d ) of Canadian Charter of Rights and Freedoms , whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free

  • 171.

    Bulletin of November 14, 2014 - 2014-11-14

    Bulletins

    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 ?

  • 172.

    A.G. (Que.) v. Quebec Protestant School Boards - [1984] 2 SCR 66 - 1984-07-26

    Supreme Court Judgments
    Constitutional law

    Constitutional law—Canadian Charter of Rights and Freedoms—Languages and education—English instruction—Limitations—Provincial provisions inconsistent with Charter—Whether provincial provisions are of no force or effect—Charter of the French language, R.S.Q. 1977, c. C-11, ss. 72-88—Canadian Charter of Rights and Freedoms,   [...]  c. C-11, and in the regulations adopted thereunder, are inconsistent with the Canadian Charter of Rights and Freedoms and of no force or effect to the extent of the inconsistency.   [...]  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

  • 173.

    Singh v. Minister of Employment and Immigration - [1985] 1 SCR 177 - 1985-04-04

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 24(1) , 26 , 32(1) . Constitution Act, 1982 , s. 52(1) .   [...]  However, since I believe that the present situation falls within the constitutional protection afforded by the Canadian Charter of Rights and Freedoms , I prefer to base my decision upon the Charter .   [...]  The Canadian Charter of Rights and Freedoms (1982), at pp. 264‐65, 271‐74; Manning, Rights, Freedoms and the Courts: A Practical Analysis of the Constitution Act, 1982 (1983), at pp. 249‐54.

  • 174.

    Ruffo v. Conseil de la magistrature - [1995] 4 SCR 267 - 1995-12-14

    Supreme Court Judgments
    Administrative law
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , preamble, ss. 1, 2(b), 7, 11(d). Charter of Human Rights and Freedoms, R.S.Q., c. C‐12, s. 23 [am. 1982, c. 17, s. 42; am. 1993, c. 30, s. 17].   [...]  B.The preamble to and ss. 1 and 7 of the Canadian Charter of Rights and Freedoms : Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:   [...]  . . . 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.

  • 175.

    Alberta (Aboriginal Affairs and Northern Development) v. Cunningham - 2011 SCC 37 - [2011] 2 SCR 670 - 2011-07-21

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( d ) , 7 , 15 . Constitution Act, 1982 , ss. 35 , 52 .   [...]   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 ?