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1,199 result(s)

  • 226.

    R. v. Laba - [1994] 3 SCR 965 - 1994-12-08

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( c ) , (d). Constitution Act , 1982 , s. 52 .   [...]  4 Boissonneault J., who struck down s. 394(1)(b) in its entirety, found that it violated s. 11( d ) of the Canadian Charter of Rights and Freedoms and was not saved by s. 1: (1990), 62 C.C.C. (3d) 375.   [...]  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.

  • 227.

    Schachter v. Canada - [1992] 2 SCR 679 - 1992-07-09

    Supreme Court Judgments
    Constitutional law

    The trial judge found a violation of s. 15 of the Canadian Charter of Rights and Freedoms in that s. 32 discriminated between natural parents and adoptive parents with respect to parental leave.   [...]  Canadian Charter of Rights and Freedoms, ss. 1 , 7 , 15(1) , 24(1) . Constitution Act, 1982 , s. 52(1) .   [...]  The relevant provisions of the Canadian Charter of Rights and Freedoms read as follows: 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.

  • 228.

    Mahe v. Alberta - [1990] 1 SCR 342 - 1990-03-15

    Supreme Court Judgments
    Constitutional law

    The appellants claim that their rights under s. 23 of the Canadian Charter of Rights and Freedoms are not satisfied by the existing educational system in Edmonton nor by the legislation under which it operates.   [...]  Canadian Charter of Rights and Freedoms , ss. 15 , 23 , 24(1) , 27 , 29 . Constitution Act, 1867 , s. 93(1) .   [...]  The Chief Justice ‐‐ In this appeal the Court is asked to determine whether the educational system in the city of Edmonton satisfies the demands of s. 23 of the Canadian Charter of Rights and Freedoms . The section reads: 23. (1) Citizens of Canada

  • 229.

    R. v. Wiles - 2005 SCC 84 - [2005] 3 SCR 895 - 2005-12-22

    Supreme Court Judgments
    Constitutional law

    The accused challenged the constitutionality of s. 109(1)(c), alleging that the imposition of the mandatory weapons prohibition orders constituted “cruel and unusual punishment” in violation of s. 12 of the Canadian Charter of Rights and Freedoms . The sentencing judge found that the mandatory prohibition infringed s. 12   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 12 . Controlled Drugs and Substances Act , S.C. 1996, c. 19, s. 7 .   [...]  Canadian Charter of Rights and Freedoms 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

  • 230.

    Solski (Tutor of) v. Quebec (Attorney General) - 2005 SCC 14 - [2005] 1 SCR 201 - 2005-03-31

    Supreme Court Judgments
    Constitutional law
    Education law

    The court declared s. 73(2) to be inconsistent with s. 23(2) of the Canadian Charter of Rights and Freedoms to the extent that it limited the category of persons eligible to receive minority language education.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 15 , 16 to 23 , 23 , 27 . Charter of the French language, R.S.Q., c. C-11, ss. 72, 73, 75, 85.   [...]  “Les droits scolaires des minorités linguistiques”, in Gérald-A. Beaudoin and Errol Mendes, eds., The Canadian Charter of Rights and Freedoms , 3rd ed. Scarborough, Ont.: Carswell, 1996, 16-1.

  • 231.

    R. v. Genest - [1989] 1 SCR 59 - 1989-01-26

    Supreme Court Judgments
    Constitutional law
    Evidence

    The trial judge found that the search warrant was invalid, that the search was in violation of s. 8 of the Canadian Charter of Rights and Freedoms and that the evidence should be excluded under s. 24(2) of the Charter .   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Criminal Code, R.S.C. 1970, c. C-34, ss. 443, 444.   [...]  The Canadian Charter of Rights and Freedoms 8. Everyone has the right to be secure against unreasonable search or seizure.

  • 232.

    R. v. Keegstra - [1996] 1 SCR 458 - 1996-02-28

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , s. 11 ( d ) . Criminal Code , R.S.C., 1985, c. C‐46 , s. 319(3) (a).   [...]  2 With respect to the argument that the reverse onus contained in s. 319(3) (a) of the Criminal Code , R.S.C., 1985, c. C‐46 , contravenes s. 11( d ) of the Canadian Charter of Rights and Freedoms , we are of the opinion that the decision of the Court in R. v. Keegstra, [1990] 3 S.C.R. 697, is a complete answer.   [...]  1.Does s. 319(3)(a) of the Criminal Code , R.S.C., 1985, c. C‐46 , infringe s. 11( d ) of the Canadian Charter of Rights and Freedoms ? Response: The answer is yes. 2.If so, is s. 319(3) (a) of the Criminal Code a reasonable limit on the s. 11( d ) Charter right pursuant to s. 1 of the Charter ?

  • 233.

    R. v. National Post - 2010 SCC 16 - [2010] 1 SCR 477 - 2010-05-07

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 3 , 7 , 8 , 24(2) . Contempt of Court Act 1981 (U.K.), 1981, c. 49, s. 10.   [...]  [25] Canadian Charter of Rights and Freedoms 2. Everyone has the following fundamental freedoms:   [...]   in giving effect to an authorization, warrant or order, infringe s. 8 of the Canadian Charter of Rights and Freedoms ? Answer: No. 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 ?

  • 234.

    Pinet v. St. Thomas Psychiatric Hospital - 2004 SCC 21 - [2004] 1 SCR 528 - 2004-03-26

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 . Criminal Code , R.S.C. 1985, c. C-46 , ss. 672.54 [ad. 1991, c. 43, s. 4], 672.78 [idem], 672.78(3)(a) [idem; am. 1997, c. 18, s. 89].   [...]  1. Does s. 672.54 (c) 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 ?  [...]   (c) 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, as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 235.

    Mounted Police Association of Ontario v. Canada (Attorney General) - 2015 SCC 1 - [2015] 1 SCR 3 - 2015-01-16

    Supreme Court Judgments
    Constitutional law

    Royal Canadian Mounted Police Regulations, 1988, SOR/88-361, infringe s. 2( d ) 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 Public Service Labour Relations Act , S.C. 2003, c. 22 , infringe s. 2( 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 ?   [...]   Canadian Mounted Police Regulations, 1988, SOR/88-361, infringe s. 2( d ) of the Canadian Charter of Rights and Freedoms ? 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 ?

  • 236.

    Little Sisters Book and Art Emporium v. Canada (Minister of Justice) - 2000 SCC 69 - [2000] 2 SCR 1120 - 2000-12-15

    Supreme Court Judgments
    Constitutional law
    Customs and excise

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 15(1) , 24(1) . Constitution Act, 1982 , s. 52(1) .   [...]  22 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.   [...]  169 The Canadian Charter of Rights and Freedoms provides the following: 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.

  • 237.

    B. (R.) v. Children's Aid Society of Metropolitan Toronto - [1995] 1 SCR 315 - 1995-01-27

    Supreme Court Judgments
    Civil procedure
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , (b), 3 to 5 , 6 , 7 , 8 to 14 , 15 , 33 .   [...]  "Section Seven of the Canadian Charter of Rights and Freedoms " (1989), 68 Can. Bar Rev. 560. House of Commons Debates, 1st Sess., 32nd Parl., October 6, 1980, p. 3285.   [...]  The text of s. 1 in no way suggests this; it says simply that "the Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it . . .

  • 238.

    R. v. Buttar - [1989] 2 SCR 1429 - 1989-12-21

    Supreme Court Judgments
    Criminal law

    There was no argument at trial or in the Court of Appeal predicated on s. 7 of the Canadian Charter of Rights and Freedoms . Held: The appeal should be dismissed. Per Lamer, Wilson, La Forest, Gonthier and Cory JJ.: On the facts of this case, the accused stands convicted on either test, objective, subjective, or a   [...]  Canadian Charter of Rights and Freedoms , s. 7 . Criminal Code , R.S.C., 1985, c. C-46 , ss. 429 , 434 (a).   [...]  MCLACHLIN J. -- I would dismiss the appeal for the reasons given by Esson J.A., with the caveat that I should not be taken as having decided what the result should be had s. 7 of the Canadian Charter of Rights and Freedoms been put in issue or argued. Appeal dismissed. Solicitors for the appellant: Johnstone & Company,

  • 239.

    Multani v. Commission scolaire Marguerite-Bourgeoys - 2006 SCC 6 - [2006] 1 SCR 256 - 2006-03-02

    Supreme Court Judgments
    Administrative law
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2 , 7 , 15 , 24(1) . Charter of human rights and freedoms, R.S.Q., c. C‐12, ss. 3, 9.1, 10.   [...]  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.

  • 240.

    Reference Re Workers' Compensation Act, 1983 (Nfld.) - [1989] 1 SCR 922 - 1989-04-24

    Supreme Court Judgments
    Constitutional law

    Constitutional law -- Charter of rights -- Equality rights ‐‐ Discrimination -- Workers' compensation -- Whether statutory right to compensation precluding any other action discriminatory -- Canadian Charter of Rights and Freedoms, s. 15(1) -- The Workers' Compensation Act, 1983, S.N. 1983, c. 48, ss. 32, 34.   [...]  Canadian Charter of Rights and Freedoms , s. 15(1) . Workers' Compensation Act, 1983, S.N. 1983, c. 48, ss. 32, 34.   [...]  Question 1:Does s. 15(1) of the Canadian Charter of Rights and Freedoms (the "Charter ") apply to causes of action arising prior to April 17, 1985?

  • 241.

    R. v. Burlingham - [1995] 2 SCR 206 - 1995-05-18

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 10( b ) , 24(1) , (2) . Constitution Act, 1982 , s. 52(1) .   [...]  "The Enforcement of the Canadian Charter of Rights and Freedoms : An Analysis of Section 24" (1983), 21 Alta. L. Rev. 205.   [...]  "The Exclusion of Evidence under the Canadian Charter of Rights and Freedoms : What to Do and What Not to Do" (1984), 29 McGill L.J. 521.

  • 242.

    R. v. Beare; R. v. Higgins - [1988] 2 SCR 387 - 1988-12-01

    Supreme Court Judgments
    Constitutional law
    Criminal law

    1. La Forest J.‐‐The issue in this appeal is whether s. 2 of the Identification of Criminals Act, R.S.C. 1970, c. I‐1, and ss. 453.3(3) and 455.5(5) of the Criminal Code, R.S.C. 1970, c. C‐34, as amended by R.S.C. 1970 (2nd Supp.), c. 2, violate the Canadian Charter of Rights and Freedoms , in so far as they authorize the   [...]  Both challenged the requirement that they appear for fingerprinting as being a violation of the Canadian Charter of Rights and Freedoms . On March 14, 1983, Rutherford J. of the Court of Queen's Bench of Saskatchewan dismissed Beare's application without recorded reasons.   [...]  of Criminals Act, R.S.C. 1970, c. I‐1, and s. 453.3(3) of the Criminal Code, R.S.C. 1970, c. C‐34, do infringe rights guaranteed in s. 7 of the Canadian Charter of Rights and Freedoms , are they justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 243.

    R. v. Shepherd - 2009 SCC 35 - [2009] 2 SCR 527 - 2009-07-17

    Supreme Court Judgments
    Constitutional law
    Criminal law

    At trial, the accused moved to have the breath samples excluded on the basis that they were obtained in violation, inter alia, of s. 8 of the Canadian Charter of Rights and Freedoms . Although the trial judge accepted the officer’s evidence that he subjectively believed that the accused’s ability to drive was impaired by   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 9 , 24(2) . Criminal Code , R.S.C. 1985, c. C‐46 , ss. 253 , 254(3) .   [...]  At trial, he sought to exclude two breath samples taken after his arrest on the basis that they were obtained in violation of ss. 8 and 9 of the Canadian Charter of Rights and Freedoms . In Mr. Shepherd’s submission, the arresting officer lacked reasonable and probable grounds to demand the breath samples.

  • 244.

    R. v. Jabarianha - 2001 SCC 75 - [2001] 3 SCR 430 - 2001-11-15

    Supreme Court Judgments
    Criminal law

    The Crown cross-examined the witness as to his knowledge of s. 13 of the Canadian Charter of Rights and Freedoms . This provision protects a witness who testifies in any proceeding from having incriminating evidence given by him or her used to incriminate that witness in any other proceeding, except in a prosecution for   [...]  Canadian Charter of Rights and Freedoms , s. 13 . Criminal Code , R.S.C. 1985, c. C-46 , ss. 136 , 348(1) (b), 686(1) (b)(iii).   [...]  11 Canadian Charter of Rights and Freedoms 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

  • 245.

    R. v. Liew - [1999] 3 SCR 227 - 1999-09-16

    Supreme Court Judgments
    Constitutional law

    At trial, a voir dire was held and the trial judge found that the conduct of the police breached s. 7 of the Canadian Charter of Rights and Freedoms and excluded the statements under s. 24(2) of the Charter .   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 10( b ) , 24(2) . Criminal Code , R.S.C., 1985, c. C-46, s. 691(2) (a) [repl. 1997, c. 18, s. 99].   [...]  Therefore it and the response from the accused should be excluded pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms . As McLachlin J. held in Herbert, at pp. 188-89:

  • 246.

    Rocket v. Royal College of Dental Surgeons of Ontario - [1990] 2 SCR 232 - 1990-06-21

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) . Constitution Act, 1982 , s. 52(1) , (2) .   [...]  MCLACHLIN J. -- The issue in this case is whether restrictions on advertising imposed by the College of Dental Surgeons on its members infringe the guarantee of freedom of expression in s. 2( b ) of the Canadian Charter of Rights and Freedoms . The Background Dr. Howard Rocket and Dr. Brian Price are dentists practising   [...]  The Canadian Charter of Rights and Freedoms provides: 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.

  • 247.

    Eaton v. Brant County Board of Education - [1997] 1 SCR 241 - 1997-02-06

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) , (2) . Constitutional Question Act, R.S.B.C. 1979, c. 63.   [...]  1 The Chief Justice -- I concur with Justice Sopinka’s analysis of the arguments made under s. 15(1) of the Canadian Charter of Rights and Freedoms and his conclusion that there was no violation of Emily Eaton’s equality rights.   [...]   Emily Eaton’s equality rights under s. 15(1) of the Canadian Charter of Rights and Freedoms ? 2. If the answer to question 1 is in the affirmative, are s. 8(3) of the Education Act, and s. 6 of Regulation 305 of the Education Act, justified as a reasonable limit under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 248.

    R. v. Potvin - [1993] 2 SCR 880 - 1993-08-12

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( a ) , (b), (c), (e), (f), (g), (h), (i), 24(1) .   [...]  Doherty, D. H. "More Flesh on the Bones: The Continued Judicial Interpretation of s. 11(b) of the Canadian Charter of Rights and Freedoms " (1984), Canadian Bar Association -‐ Ontario; Annual Institute on Continuing Legal Education.   [...]  Sopinka J. -- This appeal concerns the application of the constitutional guarantee to be tried within a reasonable time contained in s. 11( b ) of the Canadian Charter of Rights and Freedoms . The important question of law to be resolved is whether s. 11(b) applies to appellate proceedings.

  • 249.

    R. v. J.(J.T.) - [1990] 2 SCR 755 - 1990-09-13

    Supreme Court Judgments
    Constitutional law
    Criminal law

    There was strict compliance with all the substantial procedural protection afforded adults through basic principles of fundamental justice entrenched in the Canadian Charter of Rights and Freedoms . The importance of the dispositions of the Young Offenders Act cannot be overemphasized.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) , 15 . Criminal Code, R.S.C. 1970, c. C‐34, s. 213(a).   [...]  That is not to say that adults are not afforded substantial procedural protection through basic principles of fundamental justice entrenched in the Canadian Charter of Rights and Freedoms . They are. However, all of these safeguards were strictly complied with in the present case.

  • 250.

    R. v. Gallagher - [1993] 2 SCR 861 - 1993-08-12

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( b ) . APPEAL from a judgment of the Ontario Court of Appeal allowing an appeal from a judgment of Taliano J. and setting aside a stay of proceedings.   [...]  I have set forth my views on the interplay between ss. 7 and 11( b ) of the Canadian Charter of Rights and Freedoms in my reasons in R. v. Potvin, [1993] 2 S.C.R. 000.   [...]  With respect to appellate delay, for the reasons I stated in R. v. Potvin, [1993] 2 S.C.R. 000, s. 11( b ) of the Canadian Charter of Rights and Freedoms has no application. A remedy may, however, be sought under s. 7 of the Charter .