Advanced Search

Syntax: "", OR, AND, EXACT(), /p, /s, /n
(YYYY or YYYY-MM or YYYY-MM-DD)
Sort by: Relevance Date

1,199 result(s)

  • 1.

    R. v. Andrews - [1990] 3 SCR 870 - 1990-12-13

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 11( d ) , 27 . Criminal Code , R.S.C., 1985, c. C‐46 , s. 319(2) , (3) [previously R.S.C. 1970, c. C‐34, s. 281.2 [ad. c. 11 (1st Supp.), s. 1]].   [...]   s. 319(2) of the Criminal Code of Canada, R.S.C., 1985, c. C-46 ) is an infringement of s. 2( b ) of the Canadian Charter of Rights and Freedoms , can it be upheld under s. 1 of the Canadian Charter of Rights and Freedoms as a reasonable limit prescribed by law and demonstrably justified in a free and democratic society?   [...]   s. 319(2) of the Criminal Code of Canada, R.S.C., 1985, c. C-46 ) is an infringement of s. 2( b ) of the Canadian Charter of Rights and Freedoms , can it be upheld under s. 1 of the Canadian Charter of Rights and Freedoms as a reasonable limit prescribed by law and demonstrably justified in a free and democratic society?

  • 2.

    R. v. Stagnitta - [1990] 1 SCR 1226 - 1990-05-31

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 7 . Criminal Code, R.S.C. 1970, c. C‐34, s. 195.1(1)(c) [ad. 1972, c. 13, s. 15; rep.   [...]  1.Does s. 195.1(1)(c) of the Criminal Code infringe or deny the right of freedom of expression guaranteed by s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 2.Does s. 195.1(1)(c) of the Criminal Code infringe or deny the right guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms on the grounds of   [...]  1.Does s. 195.1(1)(c) of the Criminal Code infringe or deny the right of freedom of expression guaranteed by s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 2.Does s. 195.1(1)(c) of the Criminal Code infringe or deny the right guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms on the grounds of

  • 3.

    Ford v. Quebec (Attorney General) - [1988] 2 SCR 712 - 1988-12-15

    Supreme Court Judgments
    Constitutional law
    Statutes

    C. The Canadian Charter of Rights and Freedoms and the Constitution Act, 1982 Sections 1 and 2(b) of the Canadian Charter of Rights and Freedoms and s. 52(1) of the Constitution Act, 1982 provide:   [...]  A legislature may not be in a position to judge with any degree of certainty what provisions of the Canadian Charter of Rights and Freedoms might be successfully invoked against various aspects of the Act in question.   [...]   the guarantee of freedom of expression under s. 2(b) of the Canadian Charter of Rights and Freedoms. Sections 205 to 208 of the Charter of the French Language to the extent they apply to s. 69 thereof are inconsistent with the guarantee of freedom of expression under s. 2(b) of the Canadian Charter of Rights and Freedoms.

  • 4.

    R. v. Skinner - [1990] 1 SCR 1235 - 1990-05-31

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Section 2 of the Canadian Charter of Rights and Freedoms guarantees that everyone has, among others, the following fundamental freedoms:   [...]  Question 3.If s. 195.1(1)(c) of the Criminal Code infringes rights guaranteed by s. 2( b ) or s. 2( d ) of the Canadian Charter of Rights and Freedoms , is s. 195.1(1)(c) justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  3.If s. 195.1(1)(c) of the Criminal Code infringes rights guaranteed by s. 2( b ) or s. 2( d ) of the Canadian Charter of Rights and Freedoms , is s. 195.1(1)(c) justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 5.

    Devine v. Quebec (Attorney General) - [1988] 2 SCR 790 - 1988-12-15

    Supreme Court Judgments
    Constitutional law

    2. Whether there is a valid and subsisting override provision, enacted pursuant to s. 33 of the Canadian Charter of Rights and Freedoms , which protects the above provisions from the application of the Canadian Charter ;   [...]  3. Whether the above provisions infringe the freedom of expression guaranteed by s. 2( b ) of the Canadian Charter of Rights and Freedoms and s. 3 of the Quebec Charter of Human Rights and Freedoms, R.S.Q., c. C‐12; and   [...]  The issues with respect to the Canadian Charter of Rights and Freedoms were raised for the first time in this Court. I

  • 6.

    R. v. Luxton - [1990] 2 SCR 711 - 1990-09-13

    Supreme Court Judgments
    Constitutional law
    Criminal law

    s. 214(5)(e)] of the Criminal Code inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? 4. Is s. 231(5)(e) [then s. 214(5)(e)] in combination with s. 742(a) [then s. 669(a)] of the Criminal Code inconsistent with ss. 7, 9 and, or in the alternative, s. 12 of the Canadian Charter of Rights and Freedoms ?   [...]   of the Criminal Code inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? A. No. 4. Is s. 231(5)(e) [then s. 214(5)(e)] in combination with s. 742(a) [then s. 669(a)] of the Criminal Code inconsistent with ss. 7, 9 and, or in the alternative, s. 12 of the Canadian Charter of Rights and Freedoms ?   [...]   s. 214(5)(e)] of the Criminal Code inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? 4. Is s. 231(5)(e) [then s. 214(5)(e)] in combination with s. 742(a) [then s. 669(a)] of the Criminal Code inconsistent with ss. 7, 9 and, or in the alternative, s. 12 of the Canadian Charter of Rights and Freedoms ?

  • 7.

    R. v. Hufsky - [1988] 1 SCR 621 - 1988-04-28

    Supreme Court Judgments
    Constitutional law
    Criminal law

    be arbitrarily detained as guaranteed by s. 9 of the Canadian Charter of Rights and Freedoms ? 3. If the answer to question 2 above is in the affirmative, is such statutorily permitted conduct justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  4. Was the appellant's right to be secure against unreasonable search as guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms infringed by the "spot check" procedure employed by the investigating officer herein?   [...]  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.

  • 8.

    Reference Re Ng Extradition (Can.) - [1991] 2 SCR 858 - 1991-09-26

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 12 . Constitution Act, 1982 . Extradition Act, R.S.C., 1985, c. E‐23, s. 25.   [...]  2. If the answer to question 1 is in the affirmative, is s. 25 of the Extradition Act, R.S.C., 1985, c. E-23, a reasonable limit of the rights of a fugitive within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms , and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  2. If the answer to question 1 is in the affirmative, is s. 25 of the Extradition Act, R.S.C., 1985, c. E-23, a reasonable limit of the rights of a fugitive within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms , and therefore not inconsistent with the Constitution Act, 1982 ?

  • 9.

    R. v. LePage - [1999] 2 SCR 744 - 1999-06-17

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) . Criminal Code , R.S.C., 1985, c. C-46 [am. 1991, c. 43], Part XX.1, ss. 672.47, 672.54.   [...]  1. Does s. 672.54 of the Criminal Code , R.S.C., 1985, c. C-46 , infringe the rights and freedoms guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms on the ground that it discriminates against people with a mental disorder or mental disability?   [...]  10 This appeal requires us to consider whether Part XX.1 of the Criminal Code , R.S.C., 1985, c. C-46 , infringes s. 7 or s. 15 of the Canadian Charter of Rights and Freedoms , and if so, whether it can be upheld under s. 1.

  • 10.

    Reference re ss. 193 and 195.1(1)(C) of the criminal code (Man.) - [1990] 1 SCR 1123 - 1990-05-31

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , being Part I of the Constitution Act, 1982 and the   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 7 , 8 to 14 . Constitution Act, 1982 , s. 52(1) .   [...]  1.Is s. 193 of the Criminal Code of Canada inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? 2.Is s. 195.1(1)(c) of the Criminal Code of Canada inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ?

  • 11.

    R. v. Wiggins - [1990] 1 SCR 62 - 1990-01-25

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Evidence

    This appeal was primarily 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.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 8 , 24(2) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 178.11(2)(a), 178.16(1)(b), 423(1)(d).   [...]  In short, 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.

  • 12.

    R. v. Simmons - [1988] 2 SCR 495 - 1988-12-08

    Supreme Court Judgments
    Constitutional law
    Customs and excise
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 1 , 8 , 10( b ) , 24(2) . Constitution Act, 1982 , s. 52 .   [...]  4. If sections 143 and 144 of the Customs Act, R.S.C. 1970, c. C‐40, are found to be inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms , are these sections justified by s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  4. If sections 143 and 144 of the Customs Act, R.S.C. 1970, c. C‐40, are found to be inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms , are these sections justified by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 13.

    Bese v. British Columbia (Forensic Psychiatric Institute) - [1999] 2 SCR 722 - 1999-06-17

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) . Criminal Code , R.S.C., 1985, c. C‐46 [am. 1991, c. 43], Part XX.1, ss. 672.54, 672.72.   [...]  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.   [...]  16 This appeal requires us to consider whether Part XX.1 of the Criminal Code , R.S.C., 1985, c. C-46 , infringes s. 7 or s. 15 of the Canadian Charter of Rights and Freedoms , and if so, whether it can be upheld under s. 1.

  • 14.

    Stelco Inc. v. Canada (Attorney General) - [1990] 1 SCR 617 - 1990-03-29

    Supreme Court Judgments
    Competition law
    Constitutional law
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 . Combines Investigation Act, R.S.C. 1970, c. C‐23, ss. 8 [am. 1974‐75‐76, c. 76, s. 4], 17, 20(1), 34(1) [am. 1974‐75‐76, c. 76, s. 16].   [...]  1.Is s. 17 of the Combines Investigation Act, R.S.C. 1970, c. C-23, inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms and, therefore of no force or effect? Answer: Yes.   [...]  1.Is s. 17 of the Combines Investigation Act, R.S.C. 1970, c. C-23, inconsistent with the provisions of ss. 7 and 8 of the Canadian Charter of Rights and Freedoms , and therefore of no force or effect? Answer: No.

  • 15.

    Orlowski v. British Columbia (Forensic Psychiatric Institute) - [1999] 2 SCR 733 - 1999-06-17

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) . Criminal Code , R.S.C., 1985, c. C-46 [am. 1991, c. 43], Part XX.1, ss. 672.54, 672.72.   [...]  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.   [...]  15 This appeal requires us to consider whether Part XX.1 of the Criminal Code , R.S.C., 1985, c. C-46 , infringes s. 7 or s. 15 of the Canadian Charter of Rights and Freedoms , and if so, whether it can be upheld under s. 1.

  • 16.

    R. v. Pan; R. v. Sawyer - 2001 SCC 42 - [2001] 2 SCR 344 - 2001-06-29

    Supreme Court Judgments
    Constitutional law
    Criminal law

    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 ?   [...]   s. 7 , 11( d ) or 11( f ) of the Canadian Charter of Rights and Freedoms ? 8. If the answer to Question 7 is yes, is s. 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 s. 1 of the 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.

  • 17.

    R. v. Morales - [1992] 3 SCR 711 - 1992-11-19

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 9 , 10 , 11( b ) , 11( d ) , 11( e ) .   [...]   Code limit ss. 7 , 9 , 11( d ) and 11( e ) of the Canadian Charter of Rights and Freedoms ? 4.If the answer to this question is affirmative, are ss. 515(6) (a) and 515(6) (d) of the Criminal Code a reasonable limit in a free and democratic society and justified under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  The issue in the present case is governed by s. 11( e ) of the Canadian Charter of Rights and Freedoms which reads: 11. Any person charged with an offence has the right

  • 18.

    Siemens v. Manitoba (Attorney General) - 2003 SCC 3 - [2003] 1 SCR 6 - 2003-01-30

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 6 , 7 , 15(1) . Constitution Act, 1867 , ss. 91(27) , 92(13) , (15) , (16) .   [...]  Canadian Charter of Rights and Freedoms 2. Everyone has the following fundamental 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 ?

  • 19.

    Black v. Law Society of Alberta - [1989] 1 SCR 591 - 1989-04-20

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , (b), (c), (d), 6(2)( b ) , 6(3)( a ) , 7 .   [...]   b ) of the Canadian Charter of Rights and Freedoms ? 2.If Rule 154 or Rule 75B of the Law Society of Alberta infringes or denies mobility rights guaranteed by s. 6(2)( b ) of the Canadian Charter of Rights and Freedoms , are Rule 154 and Rule 75B justified by s. 1 of the Canadian Charter of Rights and Freedoms and   [...]  d ) of the Canadian Charter of Rights and Freedoms ? 4.If Rule 154 or Rule 75B of the Law Society of Alberta infringes or denies freedom of association guaranteed by s. 2( d ) of the Canadian Charter of Rights and Freedoms , are Rule 154 and Rule 75B justified by s. 1 of the Canadian Charter of Rights and Freedoms and

  • 20.

    R. v. Forster - [1992] 1 SCR 339 - 1992-02-13

    Supreme Court Judgments
    Armed Forces
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 11( d ) . Canadian Forces Administrative Orders.   [...]  The judge advocate rejected her objections to the constitution and structure of the General Court Martial based on s. 11( d ) of the Canadian Charter of Rights and Freedoms . The appellant's appeal to the Court Martial Appeal Court of Canada was unanimously dismissed: (1989), 5 C.M.A.R.   [...]   is the trial of an accused by General Court Martial constituted pursuant to ss. 166 -170 of the National Defence Act , R.S.C., 1985, c. N-5 , as amended, and the Queen's Regulations and Orders justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 21.

    R. v. McKinlay Transport Ltd. - [1990] 1 SCR 627 - 1990-03-29

    Supreme Court Judgments
    Constitutional law
    Taxation

    Canadian Charter of Rights and Freedoms , ss. 1 , 8 . Combines Investigation Act, R.S.C. 1970, c. C-23, s. 17.   [...]  1. Is section 231(3) of the Income Tax Act, R.S.C. 1952, c. 148, inconsistent with the provisions of s. 8 of the Canadian Charter of Rights and Freedoms ? 2. If there is such an inconsistency, does s. 1 of the Canadian Charter of Rights and Freedoms save s. 231(3) from being declared of no force or effect?   [...]  1. Is section 231(3) of the Income Tax Act, R.S.C. 1952, c. 148, inconsistent with the provisions of s. 8 of the Canadian Charter of Rights and Freedoms ? 2. If there is such an inconsistency, does s. 1 of the Canadian Charter of Rights and Freedoms save s. 231(3) from being declared of no force or effect?

  • 22.

    Canadian Newspapers Co. v. Canada (Attorney General) - [1988] 2 SCR 122 - 1988-09-01

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , s. 1 , 2( b ) , 7 , 11 (d ) , 24(1) . Constitutional Act, 1982, s.52.   [...]  (a) the freedom to the press guaranteed in s. 2( b ) of the Canadian Charter of Rights and Freedoms ? or (b) the right to be presumed innocent until proven guilty according to law in a fair and public hearing guaranteed in s. 11( d ) of the Canadian Charter of Rights and Freedoms ; and if so,   [...]  (a) the freedom of the press guaranteed in s. 2( b ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. (b) the right to be presumed innocent until proven guilty according to law in a fair and public hearing guaranteed in s. 11( d ) of the Canadian Charter of Rights and Freedoms ?

  • 23.

    R. v. Pearson - [1992] 3 SCR 665 - 1992-11-19

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 9 , 11( d ) , (e), 24(1) . Constitution Act, 1982 , s. 52 .   [...]   in ss. 7 , 9 , 11( d ) and 11( e ) of the Canadian Charter of Rights and Freedoms ? 2.If so, is s. 515(6) (d) of the Criminal Code of Canada a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society, as required by s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  ss. 7 , 9 , 11( d ) and 11( e ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2.If so, is s. 515(6) (d) of the Criminal Code of Canada a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society, as required by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 24.

    PSAC v. Canada - [1987] 1 SCR 424 - 1987-04-09

    Supreme Court Judgments
    Constitutional law

    Restraint Act, S.C. 1980‐81‐82‐83, c. 122, infringe upon the freedom of association guaranteed in s. 2( d ) of the Canadian Charter of Rights and Freedoms ? 2. Is the Public Sector Compensation Restraint Act, S.C. 1980‐81‐82‐83, c. 122, justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   Act, S.C. 1980‐81‐82‐83, c. 122, infringe upon the freedom of association guaranteed in s. 2( d ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 2. Is the Public Sector Compensation Restraint Act, S.C. 1980‐81‐82‐83, c. 122, justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   Act, S.C. 1980‐81‐82‐83, c. 122, infringe upon the freedom of association guaranteed in s. 2( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2. Is the Public Sector Compensation Restraint Act, S.C. 1980‐81‐82‐83, c. 122, justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 25.

    RWDSU v. Saskatchewan - [1987] 1 SCR 460 - 1987-04-09

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( d ) , 24(1) . Constitution Act, 1982 , s. 52(1) .   [...]  2. If The Dairy Workers (Maintenance of Operations) Act, S.S. 1983‐84, c. D‐1.1, or any part thereof, does infringe or deny freedom of association guaranteed in s. 2( d ) of the Canadian Charter of Rights and Freedoms , is the Act, or such part, justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore   [...]  2. If The Dairy Workers (Maintenance of Operations) Act, S.S. 1983‐84, c. D‐1.1, or any part thereof, does infringe or deny freedom of association guaranteed in s. 2( d ) of the Canadian Charter of Rights and Freedoms , is the Act, or such part, justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore