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  • 176.

    Bulletin of July 5, 1996 - 1996-07-05

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Right to counsel - Whether Court of Appeal erred in law in finding that evidence obtained in violation of section 10(b) of the Canadian Charter of Rights and Freedoms by failure to advise the accused of the informational component concerning access to legal aid duty   [...]  P-20.1, qui autorise le ministre de la Justice à désigner l’endroit où doivent résider les juges, porte atteinte au droit d’être jugé par un tribunal indépendant et impartial garanti par l’al. 11d) de la 11(d) of the Canadian Charter of Rights and Freedoms ? Charte canadienne des droits et libertés ? 6. Does s. 13(1)(b) of   [...]  7. If any of the foregoing questions are answered “yes”, are any of the provisions justified under s. 1 of the Canadian Charter of Rights and Freedoms ? 7. Si la réponse à l’une de ces questions est oui, est-ce que les dispositions visées sont justifiées au sens de l’article premier de la Charte canadienne des droits et

  • 177.

    R. v. S. (S.) - [1990] 2 SCR 254 - 1990-06-28

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15 , 24 . Constitution Act, 1867 , ss. 91(27) , 92(13) , (14) .   [...]  Canadian Charter of Rights and Freedoms The provisions of the Canadian Charter of Rights and Freedoms relevant to this appeal are as follows:   [...]   offences within Ontario, as guaranteed by s. 15 of the Canadian Charter of Rights and Freedoms ? 3.If the answer to question number 2 is yes, is the decision of the Attorney General for Ontario not to authorize diversion programs as alternative measures justified under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 178.

    Bulletin of April 25, 2003 - 2003-04-25

    Bulletins

    Constitutional law – Schools – Canadian Charter of Rights and Freedoms – Charter of French Language, R.S.Q. ch. C-11 – Whether the words « provided that that instruction constitutes the major part of the elementary or secondary instruction received by the child in Canada » in s. 73(2) of the Charter of the French Language   [...]   the Criminal Code , R.S.C. 1985, c. C-46 , infringe the rights protected by s. 8 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 ?   [...]  Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 3(1) - Whether prohibiting possession of Cannabis (marihuana) for personal use under s. 3(1) of the Narcotic Control Act, R.S.C. 1985, c. N‐1, by reason of the inclusion of this substance in s. 3 of the Schedule to the Act (now s. 1, Schedule II,

  • 179.

    Bulletin of July 3, 2009 - 2009-07-03

    Bulletins

    1. Does s. 486.2 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 7 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 ?   [...]  3. Does s. 486.2 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 11( d ) 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. 16.1 of the Canada Evidence Act , R.S.C. 1985, c. C‐5 , infringe s. 7 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 ?

  • 180.

    Ramsden v. Peterborough (City) - [1993] 2 SCR 1084 - 1993-09-02

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) . Provincial Offences Act, R.S.O. 1980, c. 400.   [...]  1.Do ss. 1 and 2 of the Corporation of the City of Peterborough By-law 3270 (as amended by By-law 1982-147) limit the right guaranteed by s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is yes, are such limits demonstrably justified pursuant to s. 1 of the Charter ?   [...]  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.

  • 181.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2009-07-14

    News Releases

    Charter of Rights ‐ Constitutional law ‐ Right to counsel ‐ Investigative detention ‐ Whether the words “without delay” in s. 10(b) of the Canadian Charter of Rights and Freedoms have a different meaning in the context of an investigative detention than an arrest - Whether the Appellant’s rights under s. 10(b) of the   [...]  Canadian Charter of Rights and Freedoms ‐ Criminal law ‐ Arbitrary Detention ‐ Enforcement ‐ Offences ‐ Possession of firearm for the purpose of transferring it ‐ Elements of offence ‐ Whether the Court of Appeal erred in holding that unconstitutionally obtained and otherwise undiscoverable conscriptive evidence can be   [...]  As a result, the trial judge excluded the Certificate of Analysis from evidence pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms and acquitted the Appellant of all the charges. The Crown’s appeal to the Saskatchewan Court of Queen’s Bench was dismissed.

  • 182.

    Committee for the Commonwealth of Canada v. Canada - [1991] 1 SCR 139 - 1991-01-25

    Supreme Court Judgments
    Constitutional law
    Transportation

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 32 . Civil Code of Lower Canada, arts. 399, 400.   [...]  1.Are ss. 7(a) and 7(b) of the Government Airport Concession Operations Regulations inconsistent with s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 2.In the affirmative, are the provisions in question to be regarded as a reasonable limit within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms   [...]  The applicable sections of the Canadian Charter of Rights and Freedoms in this case are ss. 1 and 2(b): 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.

  • 183.

    Judgments to be Rendered in Appeals - 2018-05-04

    News Releases

    Canadian Charter of Rights and Freedoms - Right to equality - Pay equity - Time limit for compensation adjustments different for enterprises with no predominantly male job class - Whether s. 38 of Pay Equity Act, CQLR, c. E‐12.001, infringes s. 15 of Canadian Charter of Rights and Freedoms - If so, whether infringement is   [...]  Charter of Rights - Right to equality - Discrimination based on sex - Pay equity - Predominantly female jobs - Amendments to Pay Equity Act challenged as infringing right to equality - Whether sections 76.3, 76.5 et 103.1 (second paragraph) of Pay Equity Act infringe section 15 of Canadian Charter of Rights and Freedoms and  [...]  In their view, this reduction was contrary to sections 15 and 52 of the Canadian Charter of Rights and Freedoms and sections 10, 16, 19, 50.1 and 52 of the Charter of human rights and freedoms.

  • 184.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2010-06-07

    News Releases

    the Criminal Code , R.S.C. 1985, c. C‐46 , as amended, infringes s. 2 ( b ) 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 .   [...]   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 ? ‐ 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 , ss. 1 , 2( b ) ‐ Criminal Code , R.S.C. 1985, c. C‐46 , s. 517 .

  • 185.

    Judgments in Appeals and Leave Applications / Jugements sur pourvois et demandes d'autorisation - 2002-09-12

    News Releases

    3. Does s. 488.1 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 8 of the Canadian Charter of Rights and Freedoms ? Yes. L’Heureux-Dubé, Gonthier and LeBel JJ. would answer no, except subs.   [...]  3. Does s. 488.1 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 8 of the Canadian Charter of Rights and Freedoms ? Yes. L’Heureux-Dubé, Gonthier and LeBel JJ. would answer no, except subs.   [...]  3. Does s. 488.1 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 8 of the Canadian Charter of Rights and Freedoms ? Yes. L’Heureux-Dubé, Gonthier and LeBel JJ. would answer no, except subs.

  • 186.

    Bulletin of June 20, 2014 - 2014-06-20

    Bulletins

    of the Immigration and Refugee Protection Act , S.C. 2001, c. 27 , infringe s. 7 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 ?   [...]   of the Immigration and Refugee Protection Act , S.C. 2001, c. 27 , infringe s. 7 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 ?   [...]   of the Immigration and Refugee Protection Act , S.C. 2001, c. 27 , infringe s. 7 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 ?

  • 187.

    R. v. Ling - 2002 SCC 74 - [2002] 3 SCR 814 - 2002-11-21

    Supreme Court Judgments
    Constitutional law
    Taxation

    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 .   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 8 , 24(2) . Income Tax Act , R.S.C. 1985, c. 1 (5th Supp .), ss. 231.1(1), 231.2(1), 239(1), (2).   [...]  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.

  • 188.

    Ref re Remuneration of Judges of the Prov. Court of P.E.I.; Ref re Independence and Impartiality of Judges of the Prov. Court of P.E.I. - [1997] 3 SCR 3 - 1997-09-18

    Supreme Court Judgments
    Constitutional law
    Courts
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2 , 7 ‐14, 11(d), 15, 23, 24. Commissions and Salaries of Judges Act (U.K.), 1 Geo. 3, c. 23.   [...]   or denials of any person’s rights and freedoms as guaranteed by section 11( d ) of the Canadian Charter of Rights and Freedoms within reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society within the meaning of section 1 of the Canadian Charter of Rights and Freedoms ?   [...]   does that provision violate in whole or in part the rule of law and/or requirement of an independent and impartial tribunal imposed by s. 11( d ) of the Canadian Charter of Rights and Freedoms ? (b) If so, can the provision be justified as a reasonable limit under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 189.

    Bulletin of January 22, 1993 - 1993-01-22

    Bulletins

    1.Does the Canadian Charter of Rights and Freedoms apply to the members of the House of Assembly when exercising their privileges as members?   [...]  Canadian Charter of Rights and Freedoms - Family law - Custody and visiting rights - Freedom of religion.   [...]  Canadian Charter of Rights and Freedom - Family law - Statutes - Freedom of religion - Divorce - Custody - Access - Maintenance - Division of property.

  • 190.

    Agenda - 2015-12-29

    News Releases

    Canadian Charter of Rights and Freedoms and an application for a remedy under s. 24(1) of the Canadian Charter of Rights and Freedoms - Can a statutory immunity clause bar any and all Charter claims for a personal remedy made pursuant to s. 24(1) of the Charter - Vancouver (City) v. Ward, 2010 SCC 27, [2010] 2 S.C.R. 28.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Cruel and unusual treatment or punishment - Mandatory minimum sentence - Section 5(3)(a)(i)(D) of the Controlled Drugs and Substances Act S.C. 1996, c. 19 - Must a court find an inflationary effect on the sentence of the person bringing a s. 12 Charter claim in order   [...]  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

  • 191.

    Pearlman v. Manitoba Law Society Judicial Committee - [1991] 2 SCR 869 - 1991-09-26

    Supreme Court Judgments
    Constitutional law
    Professional law

    Section 11( b ) of the Canadian Charter of Rights and Freedoms , which guarantees the right to be tried within a reasonable time, did not apply.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 11( b ) . Law Society Act, R.S.M. 1987, c. L100, ss. 6-13, 36(a), (n), (o)(xi), (t), 52(1), (4).   [...]  1.Does s. 52(4) of the Law Society Act of Manitoba, R.S.M. 1987, c. L100, contravene s. 7 of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is affirmative, is s. 52(4) of the Law Society Act of Manitoba, R.S.M. 1987, c. L100, justified by s. 1 of the Canadian Charter of Rights and Freedoms and

  • 192.

    Hunter et al. v. Southam Inc. - [1984] 2 SCR 145 - 1984-09-17

    Supreme Court Judgments
    Constitutional law

    The Canadian Charter of Rights and Freedoms is a purposive document, the provisions of which must be subjected to a purposive analysis.   [...]  On April 17, 1982, the Constitution Act, 1982 , incorporating the Canadian Charter of Rights and Freedoms was proclaimed. Section 8 of the Charter provides:   [...]  The Canadian Charter of Rights and Freedoms is a purposive document. Its purpose is to guarantee and to protect, within the limits of reason, the enjoyment of the rights and freedoms it enshrines.

  • 193.

    R. v. Evans - [1991] 1 SCR 869 - 1991-04-18

    Supreme Court Judgments
    Constitutional law
    Evidence

    Per Sopinka J.: The conclusions of McLachlin J. with respect to ss. 10( b ) and 24(2) of the Canadian Charter of Rights and Freedoms were agreed with. Section 10(a) was violated as well.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 10( a ) , (b), 24(2) . Criminal Code, R.S.C. 1970, c. C‐34, s. 218.   [...]  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.

  • 194.

    Bulletin of September 24, 2004 - 2004-09-24

    Bulletins

    The Respondent was given leave to appeal to the Court of Appeal for Manitoba on a question of law relating to his right to counsel under s. 10(b) of the Canadian Charter of Rights and Freedoms . His appeal was dismissed and a new trial was ordered.   [...]  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

  • 195.

    Bulletin of May 26, 2000 - 2000-05-26

    Bulletins

    Criminal law - Evidence - Accused’s exculpatory evidence at trial corroborated by witness - Whether it is permissible in cross-examination to ask a defence witness about the impact of s. 13 of the Canadian Charter of Rights and Freedoms on his decision to testify. PROCEDURAL HISTORY September 5, 1997   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Pleas - Sections 7 , 10( b ) , 11( c ) , 11( d ) and 15(1) of the Canadian Charter of Rights and Freedoms - Whether Applicant’s guilty plea invalidated by threat of an immediate return to jail - Whether Applicant received competent legal representation at trial -   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Extradition - Mobility Rights - Whether the Court of Appeal erred in holding that in the absence of assurances that the requesting state would not seek the death penalty the surrender of the Respondent would violate their rights under s. 6(1) of the Charter - Whether

  • 196.

    Native Women's Assn. of Canada v. Canada - [1994] 3 SCR 627 - 1994-10-27

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 2 ( b ) , 15(1) , 28 . Constitution Act, 1982 , ss. 35(1) , (4) [ad.   [...]  Sopinka J. -- This case raises the issue of the extent to which the freedom of expression and equality provisions of the Canadian Charter of Rights and Freedoms require that government funding be provided to various groups in order to promote the representation of certain interests at constitutional reform discussions.   [...]  Canadian Charter of Rights and Freedoms 2. Everyone has the following fundamental freedoms:

  • 197.

    R. v. Potvin - [1989] 1 SCR 525 - 1989-03-23

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) , (f), 12 . Criminal Code , R.S.C. 1927, c. 36, s. 999.   [...]  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.   [...]  Q.2.If the answer to question 1 is in the affirmative, is the resort to that section justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 198.

    Bulletin of February 9, 2001 - 2001-02-09

    Bulletins

    3. Does s. 163.1(4) of the Criminal Code , R.S.C. 1985, c. C-46 , violate s. 7 of the Canadian Charter of Rights and Freedoms ? Answer Yes. 4. If s. 163.1(4) of the Criminal Code , R.S.C. 1985, c. C-46 , infringes s. 7 of the Canadian Charter of Rights and Freedoms , is s. 163.1(4) a reasonable limit prescribed by law as   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Procedure - Whether a judge or justice presiding at a preliminary inquiry is a court of competent jurisdiction for the purposes of an application under section 24(1) of the Canadian Charter of Rights and Freedoms to exclude evidence under s. 24(2) of the Charter .   [...]  Just before trial, the appellants file a motion under sections 8 and 24(2) of the Canadian Charter of Rights and Freedoms to have the interceptions of private communications declared illegal.

  • 199.

    Bulletin of October 17, 1997 - 1997-10-17

    Bulletins

    Court of Appeal err in holding that section 322.1 of the Canada Elections Act constitutes a reasonable limit of section 2(b) of the Canadian Charter of Rights and Freedoms ? - Did the Ontario Court of Appeal err in holding that the infringement was justified under section 1 of the Canadian Charter of Rights and Freedoms ?   [...]  Assuming that there was an infringement of s. 8 of the Canadian Charter of Rights and Freedoms , in view of the circumstances of this case, the three telephone calls from Quebec were admissible under s. 24(2) of the Charter .   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Defamation - Whether Criminal Code s. 300 (defamation) violates Charter s. 2(b) and 7 - What is the mens rea of the offence of defamation.

  • 200.

    Bulletin of April 2, 1993 - 1993-04-02

    Bulletins

    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 ?   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Appellant convicted of criminal negligence and impaired driving - Blood sample taken from the Appellant without his consent - Physician releasing results of blood tests in medical report to police without the Appellant's consent or permission - Results of blood tests   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Young offenders - Evidence - Statement made to police following consultation with lawyer - Appellant seeking to exclude a statement which was admitted as evidence against him - Whether ss. 3 and 56 of the Young Offenders Act , R.S.C. 1985, c. Y-1 , imposes a duty on a