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1,199 result(s)

  • 251.

    Société des Acadiens et Acadiennes du Nouveau-Brunswick Inc. v. Canada - 2008 SCC 15 - [2008] 1 SCR 383 - 2008-04-11

    Supreme Court Judgments
    Constitutional law
    Professional law

    — Royal Canadian Mounted Police acting as provincial police force in New Brunswick under agreement between federal and provincial governments — Whether Royal Canadian Mounted Police required to fulfil language obligations imposed on New Brunswick institutions by s. 20(2) of Canadian Charter of Rights and Freedoms .   [...]  The issue in this appeal is whether RCMP members are required, when performing their duties as provincial police officers, to fulfil the language obligations imposed on New Brunswick institutions by s. 20(2) of the Canadian Charter of Rights and Freedoms . The Federal Court held that serving as a provincial police force   [...]  Canadian Charter of Rights and Freedoms , ss. 16(2) , 16.1 , 20 , 24 . Motor Vehicle Act, R.S.N.B. 1973, c. M‐17.

  • 252.

    R. v. Collins; R. v. Pelfrey - [1995] 2 SCR 1104 - 1995-07-20

    Supreme Court Judgments
    Constitutional law

    At the second trial, the accused applied for a stay of proceedings on the ground that their right to be tried within a reasonable time, guaranteed by s. 11( b ) of the Canadian Charter of Rights and Freedoms , had been infringed. This application was based on the 22‐month period which preceded the accused's first trial.   [...]  Canadian Charter of Rights and Freedoms , s. 11 ( b ) . APPEAL from a judgment of the Ontario Court of Appeal, [1994] O.J. No. 2303 (QL), allowing the Crown's appeal from a judgment of Cavarzan J. rendered November 1, 1993, ordering a stay of proceedings on a charge of second degree murder.   [...]  This, coupled with the delay caused by late disclosure, fully justified the conclusion that the delay was unreasonable and that violation of the appellants' rights under s. 11( b ) of the Canadian Charter of Rights and Freedoms warranted a stay of proceedings. 11 I would allow the appeal, set aside the judgment of the Court

  • 253.

    Cunningham v. Canada - [1993] 2 SCR 143 - 1993-04-22

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Prisons ‐‐ Parole ‐‐ Mandatory supervision ‐‐ Parole Act amended to change conditions for release on mandatory supervision ‐‐ Whether amendment amounts to denial of prisoner's liberty contrary to principles of fundamental justice ‐‐ Canadian Charter of Rights and Freedoms, s. 7 ‐‐ Parole Act, R.S.C., 1985, c. P‐2, s.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 . Parole Act, R.S.C., 1985, c. P‐2, s. 21.3(3) [ad. c. 34 (2nd Supp.), s. 5].   [...]  1. Does the 1986 amendment to the Parole Act changing the conditions for release on mandatory supervision amount to a denial of the appellant's liberty contrary to the principles of fundamental justice under s. 7 of the Canadian Charter of Rights and Freedoms ? 2. If the appellant's s. 7 rights were violated, is the

  • 254.

    R. v. L. (W.K.) - [1991] 1 SCR 1091 - 1991-05-16

    Supreme Court Judgments
    Constitutional law

    The judge granted the motion holding that the accused's rights under ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms had been infringed. The judge found that the complainants' explanation given for reporting the offences in 1986 was "ludicrous" and "specious", and that the failure to "protest years ago when  [...]  Canadian Charter of Rights and Freedoms , s. 7 , 11( a ) , (b), (d), 24 . Criminal Code , R.S.C., 1985, c. C‐46 , s. 691(2) (a).   [...]  It is common ground that the application was based on pre-charge delay alleged to violate the Canadian Charter of Rights and Freedoms . I note that, in this Court, the appellant relied on ss. 7 and 11( d ) of the Charter as providing the basis for a stay under s. 24.

  • 255.

    R. v. Chaisson - 2006 SCC 11 - [2006] 1 SCR 415 - 2006-03-30

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Constitutional law — Charter of Rights — Arbitrary detention — Unreasonable search or seizure — Right to counsel — Exclusion of evidence — Canadian Charter of Rights and Freedoms, ss. 8 , 9 , 10(b) , 24(2) . A police officer observed the accused sitting in a darkened car with another person.   [...]  The trial judge found that the accused’s rights under ss. 8 , 9 and 10( b ) of the Canadian Charter of Rights and Freedoms had been violated, and excluded the impugned evidence under s. 24(2) of the Charter .   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 9 , 10( b ) , 24(2) . Controlled Drugs and Substances Act , S.C. 1996, c. 19, s. 5(2) .

  • 256.

    Newfoundland (Treasury Board) v. N.A.P.E. - 2004 SCC 66 - [2004] 3 SCR 381 - 2004-10-28

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) . Public Sector Restraint Act, S.N. 1991, c. 3 [rep.   [...]  1. Does s. 9 of the Public Sector Restraint Act, S.N. 1991, c. 3, 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 ?  [...]   the Public Sector Restraint Act, S.N. 1991, c. 3, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: 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 ?

  • 257.

    Tremblay v. Daigle - [1989] 2 SCR 530 - 1989-11-16

    Supreme Court Judgments
    Civil law
    Civil procedure
    Constitutional law

    Canadian Charter of Rights and Freedoms , s. 7 . Charter of Human Rights and Freedoms, R.S.Q., c. C‐12, preamble, ss. 1 [repl. 1982, c. 61, s. 1], 2, 3, 4, 5, 6, 7, 8, 9, 9.1 [ad. 1982, c. 61, s. 2].   [...]  In The Canadian Charter of Rights and Freedoms , 2nd ed. Edited by Gérald‐A. Beaudoin and Ed Ratushny.   [...]  In this regard, he examined the Canadian Charter of Rights and Freedoms , the Quebec Charter of Human Rights and Freedoms and the Civil Code.

  • 258.

    Starr v. Houlden - [1990] 1 SCR 1366 - 1990-04-05

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 9 , 10 , 11( c ) , (d), 12 , 13 , 14 .   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 11( c ) and (d) and 13 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.   [...]  2.Are the terms of reference unconstitutional as ultra vires the province and contrary to the Canadian Charter of Rights and Freedoms ? 3.Can the investigation proceed as part of the inquiry or is a two-stage procedure required?

  • 259.

    R. v. Corbett - [1988] 1 SCR 670 - 1988-05-26

    Supreme Court Judgments
    Constitutional law
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) , (f), 24(1) . Common Law Procedure Act, 1854 (U.K.), 17 & 18 Vict., c. 125, s. 25.   [...]  3. Section 11( d ) of the Canadian Charter of Rights and Freedoms and s. 12 of the Canada Evidence Act, R.S.C. 1970, c. E‐10, read as follows:   [...]  1. Whether section 12(1) of the Canada Evidence Act is inconsistent with s. 11( d ) of the Canadian Charter of Rights and Freedoms to the extent that s. 12(1) applies to a person charged with an offence?

  • 260.

    Martineau v. M.N.R. - 2004 SCC 81 - [2004] 3 SCR 737 - 2004-10-14

    Supreme Court Judgments
    Constitutional law

    The appellant contested the motion on the ground that it would violate his right against self-incrimination under s. 11( c ) of the Canadian Charter of Rights and Freedoms . The prothonotary rejected the appellant’s argument and allowed the respondent’s motion.   [...]  Canadian Charter of Rights and Freedoms , ss. 11( c ) , 13 , 14 , 24(2) . Criminal Code , R.S.C. 1985, c. C‐46 .   [...]  16 Canadian Charter of Rights and Freedoms 11. Any person charged with an offence has the right

  • 261.

    R. v. Smith - [1991] 1 SCR 714 - 1991-03-28

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Defence counsel argued that the accused's statement should not be admitted because it violated ss. 10( a ) and 10( b ) of the Canadian Charter of Rights and Freedoms , on the ground that the police had not informed the accused upon his arrest of the fact that the victim was dead.   [...]  Canadian Charter of Rights and Freedoms , ss. 10 ( a ) , (b), 24(2) . Criminal Code , R.S.C., 1985, c. C‐46 , s. 686(1) (b)(iii).   [...]  Canadian Charter of Rights and Freedoms 10. Everyone has the right on arrest or detention

  • 262.

    R. v. Beaulieu - 2010 SCC 7 - [2010] 1 SCR 248 - 2010-02-25

    Supreme Court Judgments
    Constitutional law

    The trial judge found that the search exceeded the scope of the authorization and violated s. 8 of the Canadian Charter of Rights and Freedoms but declined to exclude the evidence pursuant to s. 24(2), primarily on the basis that the police officers did not believe they were exceeding the powers granted to them by the   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Criminal Code , R.S.C. 1985, c. C-46 , s. 95 .   [...]  [1] Charron J. — This is a Crown appeal as of right on the question of whether the trial judge erred in declining to exclude evidence pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms . In our view, the majority of the Quebec Court of Appeal erred in reversing the trial judge’s decision to admit the

  • 263.

    R. v. Wholesale Travel Group Inc. - [1991] 3 SCR 154 - 1991-10-24

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 7 , 11( d ) , 8 to 14 . Competition Act, R.S.C. 1970, c. C‐23, ss. 36(1)(a), 5(a), (b), 37.3(2)(a), (b), (c), (d) [am.   [...]  Question 1:Does s. 37.3(2) of the Competition Act, R.S.C. 1970, c. C-23, as amended, in whole or in part violate ss. 7 or 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes, paras. (c) and (d) of s. 37.3(2) limit s. 7 of the Canadian Charter of Rights and Freedoms .   [...]  (c) and (d) of s. 37.3(2) of the Competition Act, R.S.C. 1970, c. C-23, infringe s. 7 of the Canadian Charter of Rights and Freedoms and that such infringement is not justified under s. 1 thereof.

  • 264.

    R. v. Loewen - 2011 SCC 21 - [2011] 2 SCR 167 - 2011-05-05

    Supreme Court Judgments
    Constitutional law

    The arrest and the search of the vehicle did not violate the Canadian Charter of Rights and Freedoms and the evidence of cocaine was admissible. The police officer had reasonable grounds to believe that the accused was in possession of sufficient marijuana to constitute an indictable offence.   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 9 , 24(2) . Controlled Drugs and Substances Act , S.C. 1996, c. 19 , s. 4 .   [...]  [2] The issue in this case is whether the arrest and search of the vehicle violated the Canadian Charter of Rights and Freedoms , and if so, whether the evidence of the cocaine should be excluded under s. 24(2) of the Charter .

  • 265.

    R. v. Suberu - 2009 SCC 33 - [2009] 2 SCR 460 - 2009-07-17

    Supreme Court Judgments
    Constitutional law

    S brought an application under s. 24(2) of the Canadian Charter of Rights and Freedoms seeking the exclusion of any statements made by him and of the physical evidence seized at the time of his arrest, on the ground that this evidence had been obtained in a manner that infringed his s. 10(b) right to counsel.   [...]  [47] Binnie J. (dissenting) — I agree with the majority that when s. 10( b ) of the Canadian Charter of Rights and Freedoms provides the right to retain and instruct counsel “without delay”, it means “immediately”.   [...]  [65] Fish J. (dissenting) — I agree with the test for detention under ss. 9 and 10 of the Canadian Charter of Rights and Freedoms set out by the Chief Justice and Charron J. in R. v. Grant, 2009 SCC 32, [2009] 2 S.C.R. 353, released concurrently.

  • 266.

    R. v. Ferguson - 2008 SCC 6 - [2008] 1 SCR 96 - 2008-02-29

    Supreme Court Judgments
    Constitutional law

    He granted the accused a constitutional exemption from the four‐year sentence because, on the circumstances of this case, he found that the minimum mandatory sentence constituted cruel and unusual punishment in violation of s. 12 of the Canadian Charter of Rights and Freedoms. The majority of the Court of Appeal overturned   [...]  Canadian Charter of Rights and Freedoms, ss. 1, 12, 24. Constitution Act, 1982, s. 52. Criminal Code, R.S.C. 1985, c. C‐46, ss. 34(2), 220(a), 236(a), 718 to 718.2, 724(2), (3)(d), (e).   [...]   and unusual punishment in the appellant’s case, in violation of s. 12 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?

  • 267.

    Schreiber v. Canada (Attorney General) - [1998] 1 SCR 841 - 1998-05-28

    Supreme Court Judgments
    Constitutional law

    Per L’Heureux‐Dubé, McLachlin, Bastarache and Binnie JJ.: By virtue of s. 32 of the Canadian Charter of Rights and Freedoms , the Charter is applicable to all matters within the authority of Parliament and the government of Canada.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 8 , 24(1) , 32(1) . Federal Court Rules, C.R.C., c. 663, r. 475.   [...]  Rather, the question to be addressed in the case at bar is whether the standard required by s. 8 of the Canadian Charter of Rights and Freedoms should apply to the letter of request procedure in Canada.

  • 268.

    Idziak v. Canada (Minister of Justice) - [1992] 3 SCR 631 - 1992-11-19

    Supreme Court Judgments
    Constitutional law
    Prerogative writs

    Canadian Charter of Rights and Freedoms , s. 7 . Criminal Code, R.S.C. 1970, c. C‐34, s. 423(2)(a).   [...]  Given the conclusion that s. 7 of the Canadian Charter of Rights and Freedoms has not been violated, we do not need to deal with this issue in this case.   [...]  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.

  • 269.

    R. v. Strachan - [1988] 2 SCR 980 - 1988-12-15

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Evidence

    Notwithstanding the understandable concern of the police to get "matters under control", there is no internal qualification in s. 10( b ) of the Canadian Charter of Rights and Freedoms permitting the police to postpone the appellant's exercise of his right to counsel.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 8 , 9 , 10 , 10( b ) , 24(1) , (2) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 443, 443(1), 444, 618(2)(a).   [...]  Canadian Charter of Rights and Freedoms 8. Everyone has the right to be secure against unreasonable search or seizure.

  • 270.

    R. v. Collins - [1987] 1 SCR 265 - 1987-04-09

    Supreme Court Judgments
    Constitutional law
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 8 , 11( d ) , 24(1) , (2) . Narcotic Control Act, R.S.C. 1970, c. N‐1, s. 10(1)(a), (b), (c), rep. in part by S.C. 1985, c. 19, s. 200.   [...]  "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.   [...]  8. The relevant provisions of the Canadian Charter of Rights and Freedoms are ss. 8 and 24: 8. Everyone has the right to be secure against unreasonable search or seizure.

  • 271.

    Skoke-Graham v. The Queen - [1985] 1 SCR 106 - 1985-03-14

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Statutes

    Canadian Charter of Rights and Freedoms . Constitution Act , 1867 , s. 91(27) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 171, 172(2), (3).   [...]  (d) Did the Decision infringe the Applicants religious rights and freedoms as guaranteed under the Canadian Charter of Rights and Freedoms (Constitution Act, 1982 ); and did this infringement render Section 172(3) of the Criminal Code of Canada inoperable?   [...]  d) Did the Decision infringe the Applicants religious rights and freedoms as guaranteed under the Canadian Charter of Rights and Freedoms (Constitution Act, 1982 ); and did this infringement render Section 172(3) of the Criminal Code of Canada inoperable?

  • 272.

    R. v. Lyons - [1987] 2 SCR 309 - 1987-10-15

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 9 , 11 , 11( d ) , (e), (f), 12 , 24(1) .   [...]   guaranteed by ss. 7, 9, 11 and/or 12 of the Canadian Charter of Rights and Freedoms ? 2. If so, then are the provisions of Part XXI of the Criminal Code , in whole or in part, justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  If so, then are the provisions of Part XXI of the Criminal Code , in whole or in part, justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 273.

    Guimond v. Quebec (Attorney General) - [1996] 3 SCR 347 - 1996-10-03

    Supreme Court Judgments
    Civil procedure

    constitutional invalidity of his detention (and the detention of other members of the class), on the basis that the sentencing provisions of the Code of Penal Procedure and its precursor, the Summary Convictions Act, infringed the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 9 , 12 , 24(1) . Charter of Human Rights and Freedoms, R.S.Q., c. C‐12, ss. 1, 24, 25.   [...]   of his detention (and the detention of other members of the class), on the basis that the term of detention, as calculated under s. 348 C.P.P., contravened ss. 7 , 9 and 12 of the Canadian Charter of Rights and Freedoms (hereinafter the “Charter ”) and ss. 1, 24 and 25 of the Charter of Human Rights and Freedoms.

  • 274.

    R. v. Matheson - [1994] 3 SCR 328 - 1994-09-29

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 10 ( b ) , 24(2) . Criminal Code , R.S.C., 1985, c. C‐46 , ss. 253 (a), 254(5) .   [...]  Specifically, does s. 10( b ) of the Canadian Charter of Rights and Freedoms create a positive constitutional obligation on governments to ensure that free and immediate, preliminary legal advice is available to all detainees?   [...]  McLachlin J. (dissenting) -- Following the principles discussed in my reasons in R. v. Prosper, [1994] 3 S.C.R. 236, released concurrently with judgment in this appeal, I would find that s. 10( b ) of the Canadian Charter of Rights and Freedoms was breached and that the evidence should not have been admitted under s. 24(2).

  • 275.

    R. v. Lachance - [1990] 2 SCR 1490 - 1990-11-22

    Supreme Court Judgments
    Constitutional law
    Criminal law

    24(2) of Canadian Charter of Rights and Freedoms . Constitutional law ‐‐ Charter of Rights ‐‐ Unreasonable search and seizure ‐‐ Interception of private communications ‐‐ Judge failing to include minimization clause in wiretap authorization ‐‐ Whether authorization violates s. 8 of Canadian Charter of Rights and Freedoms .   [...]  Canadian Charter of Rights and Freedoms , s. 8 . Criminal Code, R.S.C. 1970, c. C‐34, ss. 178.13(1)(b) [ad. 1973‐74, c. 50, s. 2; rep.   [...]  1. Does the absence of minimizing conditions on the face of the authorization result in the authorization of an unreasonable search and seizure in violation of s. 8 of the Canadian Charter of Rights and Freedoms ? 2. What is the entitlement of an accused person to open the sealed packet?