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  • 201.

    Judgments in Appeals / Jugements sur appels - 2004-06-30

    News Releases

    Sections 672.33 , 672.54 and 672.81(1) of the Criminal Code are overbroad and violate the rights, guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms , of permanently unfit accused who do not pose a significant threat to society.   [...]   1 of the Canadian Charter of Rights and Freedoms ? It is unnecessary to answer this question. 3. Do ss. 123 to 130 and 132 of the Act respecting land use planning and development, R.S.Q. c. A‐19.1, infringe the right to equality without discrimination guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms ?   [...]  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 ? It is unnecessary to answer this question.

  • 202.

    Bulletin of October 4, 2013 - 2013-10-04

    Bulletins

    1. Does s. 8(1) (f) of the Privacy Act , R.S.C. 1985, c. P-21 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. 8(1) (f) of the Privacy Act , R.S.C. 1985, c. P-21 infringe s. 8 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. 193(2) (b) of the Criminal Code, R.S.C. 1985, c. C-46 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 ?

  • 203.

    R. v. Nova Scotia Pharmaceutical Society - [1992] 2 SCR 606 - 1992-07-09

    Supreme Court Judgments
    Appeal
    Competition law
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2 , 7 , 8 , 11( a ) , (d), (h). Civil Code of Lower Canada, art. 1053.   [...]  , R.S.C., 1985, c. C‐34 ) in whole or in part inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? 2.Is s. 32(1.1) of the Combines Investigation Act, R.S.C. 1970, c. C‐23 (now s. 45(2) of the Competition Act , R.S.C., 1985, c. C‐34 ) inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ?   [...]  A. Vagueness under the Canadian Charter of Rights and Freedoms 1. The Case Law of this Court So far eight cases have given rise to discussions of vagueness issues under the Charter .

  • 204.

    R. v. Hall - 2002 SCC 64 - [2002] 3 SCR 309 - 2002-10-10

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 11( e ) . Constitution Act, 1982 , s. 52 .   [...]  s. 515(10) (c) of the Criminal Code , R.S.C. 1985, c. C-46 , infringe s. 11( e ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes, in part. The phrase “on any other just cause being shown and, without limiting the generality of the foregoing” infringes s. 11( e ) of the Canadian Charter of Rights and Freedoms .   [...]  1. Does s. 515(10) (c) of the Criminal Code , R.S.C. 1985, c. C-46 , infringe s. 11( e ) of the Canadian Charter of Rights and Freedoms ? 2. If Question 1 is answered affirmatively, is the infringement demonstrably justified in a free and democratic society pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 205.

    Bulletin of May 24, 1996 - 1996-05-24

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Defence - Evidence - Disclosure - Similar fact evidence.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Defence - Evidence - Disclosure - Similar fact evidence.   [...]  Canadian Charter of Rights and Freedoms - Civil Code - Administrative law - Procedure - Civil procedure - Legislation - Damages - Class action.

  • 206.

    R. v. L. (D.O.) - [1993] 4 SCR 419 - 1993-11-18

    Supreme Court Judgments
    Constitutional law
    Criminal law

    The court held that s. 715.1 contravened ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms and could not be sustained under s. 1. A new trial was ordered.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) . Convention on the Rights of the Child, Can. T.S. 1992 No. 3, Arts. 1, 19, 34.   [...]  1.Does s. 715.1 of the Criminal Code , R.S.C., 1985, c. C-46 , in whole or in part, limit the rights guaranteed under s. 7 of the Canadian Charter of Rights and Freedoms ? 2.If the answer to the first question is in the affirmative, does s. 715.1 of the Criminal Code , R.S.C., 1985, c. C-46 , constitute a reasonable limit

  • 207.

    Air Canada v. British Columbia - [1989] 1 SCR 1161 - 1989-05-04

    Supreme Court Judgments
    Statutes
    Taxation

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 . Constitution Act, 1867 , ss. 91(2) , 92(2) , (10) (a)   [...]  2.Does the application of the Gasoline Tax Act to Air Canada in the circumstances of this case violate s. 7 of the Canadian Charter of Rights and Freedoms ? 3.If so, is its application justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  2.Does the application of the Gasoline Tax Act to Air Canada in the circumstances of this case violate s. 7 of the Canadian Charter of Rights and Freedoms ? A. No. 3.If so, is its application justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 208.

    Andrews v. Law Society of British Columbia - [1989] 1 SCR 143 - 1989-02-02

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 7 , 15(1) , (2) , 25 , 27 , 32 .   [...]   requirement to be a lawyer in the Province of British Columbia as set out in s. 42 of the Barristers and Solicitors Act, R.S.B.C. 1979, c. 26 infringes or denies the rights guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms , is it justified by s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   requirement to be a lawyer in the Province of British Columbia as set out in s. 42 of the Barristers and Solicitors Act, R.S.B.C. 1979, c. 26 infringes or denies the rights guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms , is it justified by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 209.

    Canada (Attorney General) v. Federation of Law Societies of Canada - 2015 SCC 7 - [2015] 1 SCR 401 - 2015-02-13

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 . Criminal Code , R.S.C. 1985, c. C-46, ss. 83.02 , 83.03 , 462.31 , 488.1 .   [...]   be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? Answer: No. 7. Do ss. 11.1, 33.3, 33.4 or 59.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, infringe s. 8 of the Canadian Charter of Rights and Freedoms ?   [...]  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.

  • 210.

    Bulletin of September 9, 1994 - 1994-09-09

    Bulletins

    Procedural law - Appeal - Extension of time - Reconsideration - Canadian Charter of Rights and Freedoms - Taxation - Assessment - Whether the Minister of Revenue violated s. 11d) of the Charter by implementing s. 163(2) of the Income Tax Act?   [...]  Canadian Charter of Rights and Freedoms - Taxation - Constitutionality of s. 5 of the Real Property Tax Act, R.S.P.E.I. 1988, c. R-5 - Whether ss. 6 and 15 of the Charter provide protection against a provincial taxing statute which taxes non-resident property owners of the province at a rate exceeding that payable by   [...]  The main issue in this appeal is whether the failure to provide the accused with full and contemporaneous translation of all the evidence at trial constituted a breach of his right to an interpreter, as guaranteed by s. 14 of the Canadian Charter of Rights and Freedoms . Held: The appeal should be allowed and a new trial

  • 211.

    Charkaoui v. Canada (Citizenship and Immigration) - 2007 SCC 9 - [2007] 1 SCR 350 - 2007-02-23

    Supreme Court Judgments
    Constitutional law
    Immigration

    Canadian Charter of Rights and Freedoms , ss. 1 , 6(1) , 7 , 9 , 10( c ) , 11( d ) , 12 , 15 , 24(1) .   [...]  , in whole or in part or through their combined effect, infringe s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 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 ?   [...]  , in whole or in part or through their combined effect, infringe s. 9 of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 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 ?

  • 212.

    Bulletin of September 30, 2011 - 2011-09-30

    Bulletins

    and Substances Act , S.C. 1996, c. 19 , infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? No. 3. 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 ?   [...]  and Substances Act , S.C. 1996, c. 19 , infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? No. 5. 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. 14(1)(b) of The Saskatchewan Human Rights Code 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 ?

  • 213.

    R. v. St‑Onge Lamoureux - 2012 SCC 57 - [2012] 3 SCR 187 - 2012-11-02

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( c ) , (d). Controlled Drugs and Substances Act , S.C. 1996, c. 19, s. 51 .   [...]   (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 ?   [...]   (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 ?

  • 214.

    Vann Niagara Ltd. v. Oakville (Town) - 2003 SCC 65 - [2003] 3 SCR 158 - 2003-11-13

    Supreme Court Judgments
    Constitutional law

    — Freedom of expression — Municipal by-law limiting size of billboards — Whether by-law infringes right to freedom of expression — If so, whether infringement justifiable — Canadian Charter of Rights and Freedoms, ss. 1 , 2(b) . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) .   [...]  2 We agree with MacPherson J.A. that the by‐law limiting the size of signs to 80 square feet (7.5 square meters) infringes s. 2( b ) of the Canadian Charter of Rights and Freedoms but is saved under s. 1 as it minimally impairs the freedom of expression of the respondent.   [...]  No. 1994-142 infringe the right to freedom of expression guaranteed by 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 ?

  • 215.

    Bulletin of October 1, 1993 - 1993-10-01

    Bulletins

    of liability for s. 215 of the Criminal Code of Canada offend s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. 2.If the answer to question 1 is yes, is an objective basis of liability for s. 215 a reasonable limit on the s. 7 Charter right pursuant to s. 1 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 ?   [...]  Canadian Charter of Rights and Freedoms - Criminal Law - Offences - Defence - Intoxication

  • 216.

    Hodge v. Canada (Minister of Human Resources Development) - 2004 SCC 65 - [2004] 3 SCR 357 - 2004-10-28

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , s. 15(1) . Modernization of Benefits and Obligations Act , S.C. 2000, c. 12 , s. 42(1).   [...]   in s. 2(1) of the Canada Pension Plan , R.S.C. 1985, c. C-8 , infringe s. 15(1) 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 Canada Pension Plan , R.S.C. 1985, c. C-8 , infringe s. 15(1) 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 ?

  • 217.

    Trociuk v. British Columbia (Attorney General) - 2003 SCC 34 - [2003] 1 SCR 835 - 2003-06-06

    Supreme Court Judgments
    Constitutional law

    The British Columbia Supreme Court dismissed the father’s request for a declaration that the legislation violates s. 15(1) of the Canadian Charter of Rights and Freedoms . The Court of Appeal, in a majority judgment, upheld that decision.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) . Constitution Act, 1982 , s. 52 .   [...]  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.

  • 218.

    Judgments to be Rendered in Leave Applications - 2014-06-30

    News Releases

    Canadian Charter of Rights and Freedoms – Criminal law – Appeals – Whether the Court of Appeal erred in dismissing the application for leave to appeal – Whether there was a violation of s. 15 of the Canadian Charter of Rights and Freedoms .   [...]  Canadian Charter of Rights and Freedoms – Appeals – Whether the Court of Appeal erred in not granting the motion for an extension of time – Whether there was a violation of s. 15 of the Canadian Charter of Rights and Freedoms .   [...]  – Canadian Charter of Rights and Freedoms ss. 8 and 24(1) . The applicant brought an application to quash the search warrants regarding his work computers.

  • 219.

    Judgments to be Rendered in Appeals - 2018-12-10

    News Releases

    The same judgment rejected Mr. Boudreault’s arguments to the effect that the victim surcharge provided for in s. 737 of the Criminal Code infringed s. 12 of the Canadian Charter of Rights and Freedoms . The majority of the Court of Appeal held that the surcharge did not amount to cruel and unusual punishment.   [...]   contrary to s. 12 of Charter , such that this provision cannot be justified under s. 1 of Charter - If so, whether declaration that provision unconstitutional under s. 52 of Constitution Act, 1982 is adequate remedy - Canadian Charter of Rights and Freedoms , s. 12 - Criminal Code , R.S.C. 1985, c. C‐46, s. 737 .   [...]  Under s. 737 of the Criminal Code , he was liable to a victim surcharge of $700, but the trial judge refused to apply the surcharge and declared s. 737 of no force or effect under s. 52 of the Canadian Charter of Rights and Freedoms . The Superior Court overturned that decision, finding that the imposition of a surcharge

  • 220.

    United States of America v. Ferras; United States of America v. Latty - 2006 SCC 33 - [2006] 2 SCR 77 - 2006-07-21

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 6 , 7 , 24 . Constitution Act, 1982 , s. 52 .   [...]  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 ?

  • 221.

    R. v. Oakes - [1986] 1 SCR 103 - 1986-02-28

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 11( d ) . Constitution Act, 1982 , s. 33 .   [...]  Canadian Charter of Rights and Freedoms 11. Any person charged with an offence has the right   [...]  Is s. 8 of the Narcotic Control Act inconsistent with s. 11( d ) of the Canadian Charter of Rights and Freedoms and thus of no force and effect? Answer: Yes. 81. I would, therefore, dismiss the appeal.

  • 222.

    Bulletin of January 4, 2013 - 2013-01-04

    Bulletins

    3. 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 ? 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 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 ? 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  [...]  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 ? 8. 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 ?

  • 223.

    Bulletin of November 18, 2011 - 2011-11-18

    Bulletins

    of “terrorist activity” in s. 83.01(1) of the Criminal Code ̧ infringe s. 2( a ) 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 ?   [...]  of “terrorist activity” in s. 83.01(1) of the Criminal Code ̧ infringe s. 2( b ) 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 ?   [...]   of “terrorist activity” in s. 83.01(1) of the Criminal Code , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? 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 ?

  • 224.

    Withler v. Canada (Attorney General) - 2011 SCC 12 - [2011] 1 SCR 396 - 2011-03-04

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15 . Canadian Forces Superannuation Act , R.S.C. 1985, c. C‐17 , s. 60(1) .   [...]   Supplementary Death Benefit Regulations, C.R.C., c. 1360, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? 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 ?   [...]   Canadian Forces Superannuation Regulations, C.R.C., c. 396, infringe s. 15(1) 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 ?

  • 225.

    Auton (Guardian ad litem of) v. British Columbia (Attorney General) - 2004 SCC 78 - [2004] 3 SCR 657 - 2004-11-19

    Supreme Court Judgments
    Constitutional law

    Constitutional law — Charter of Rights — Equality rights — Appropriate comparator group — Canadian Charter of Rights and Freedoms, s. 15(1) . Constitutional law — Charter of Rights — Fundamental justice — Province not providing for controversial intensive behavioural therapy for preschool-aged autistic children — Whether   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15 , 24(1) . Constitution Act, 1867 .   [...]  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 ? It is unnecessary to answer this question. APPENDIX A