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1,199 result(s)

  • 276.

    United States v. Allard - [1987] 1 SCR 564 - 1987-05-14

    Supreme Court Judgments
    Appeal
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( b ) , 24(1) , 32 . Constitution of the United States, Art. VI.   [...]  Clearly the Canadian Charter of Rights and Freedoms does apply to the proceedings taking place in Canada and to the decision of the executive to surrender to the extent I set out in Schmidt.   [...]  23. I also agree with my colleague that an extradition judge is not normally a court of competent jurisdiction for purposes of s. 24(1) of the Canadian Charter of Rights and Freedoms . But where as here and as in Argentina v. Mellino, [1987] 1 S.C.R 536, the extradition judge is a superior court judge, then the s. 24(1)

  • 277.

    R. v. Penno - [1990] 2 SCR 865 - 1990-10-04

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 234 [am. 1974‐75‐76, c. 93, s. 14], 237 [am. 1974‐75‐76, c. 93, s. 18], 294(a) [rep.   [...]  In R. v. Bernard, [1988] 2 S.C.R. 833, this Court held that denying the defence of intoxication in the case of an offence of general intent does not violate the Canadian Charter of Rights and Freedoms at least in so far as cases not involving "substituted" mens rea are concerned.   [...]  The question, then, is whether, in light of ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms , it is open to Parliament to create a criminal offence precluding reliance on intoxication.

  • 278.

    R. v. Lucas - [1998] 1 SCR 439 - 1998-04-02

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 7 . Criminal Code , R.S.C., 1985, c. C‐46 , ss. 46 , 71 , 182 (b), 264 [rep. c. 27 (1st Supp.), s. 37; ad. 1993, c. 45, s. 2], 264.1, 298, 299, 300, 301, 323, 708.   [...]  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.   [...]  111 L’Heureux-Dubé J. -- While I agree with McLachlin J.’s analysis under s. 1 of the Canadian Charter of Rights and Freedoms , I otherwise concur with the analysis and conclusions of my colleague, Cory J.

  • 279.

    Libman v. Quebec (Attorney General) - [1997] 3 SCR 569 - 1997-10-09

    Supreme Court Judgments
    Constitutional law
    Elections

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d). Charter of Human Rights and Freedoms, R.S.Q., c. C‐12.   [...]   R.S.Q., c. C‐64.1, adopted under s. 44 of the Referendum Act, violate in whole or in part s. 2(b) and/or s. 2( d ) of the Canadian Charter of Rights and Freedoms ? (2) If they do, do these sections or any of them constitute a reasonable limit prescribed by law under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   adopted under s. 44 of the Referendum Act, violate in whole or in part s. 2(b) and/or s. 2( d ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. Question: If they do, do these sections or any of them constitute a reasonable limit prescribed by law under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 280.

    British Columbia Securities Commission v. Branch - [1995] 2 SCR 3 - 1995-04-13

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 9 , 10 , 13 , 15(1) . Securities Act, S.B.C. 1985, c. 83, ss. 126(1) [rep.   [...]  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.   [...]  1.[Does] s. 128(1) of the Securities Act, S.B.C. 1985, c. 83, infringe[] ss. 7 or 8 of the Canadian Charter of Rights and Freedoms ? 2.If the answer is yes, is the limitation one which is reasonable, prescribed by law, and demonstrably justified pursuant to s. 1 of the Charter ?

  • 281.

    R. v. Bjelland - 2009 SCC 38 - [2009] 2 SCR 651 - 2009-07-30

    Supreme Court Judgments
    Constitutional law

    a few weeks prior to trial — Late disclosure prejudicial to accused’s right to make full answer and defence — Whether trial judge erred in excluding late disclosed evidence under s. 24(1) of Canadian Charter of Rights and Freedoms — Whether prejudice to accused could have been cured by adjournment and disclosure order.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 24(1) , (2) . Controlled Drugs and Substances Act , S.C. 1996, c. 19 .   [...]  On an application under s. 24(1) of the Canadian Charter of Rights and Freedoms , once an infringement has been established, the trial judge must grant “such remedy as [is] appropriate and just in the circumstances”.

  • 282.

    R. v. Calder - [1996] 1 SCR 660 - 1996-03-21

    Supreme Court Judgments
    Constitutional law

    The trial judge held that s. 10( b ) of the Canadian Charter of Rights and Freedoms had been breached by the investigating officers and excluded the statement pursuant to s. 24(2).   [...]  Canadian Charter of Rights and Freedoms , ss. 10 ( b ) , 13 , 24(2) . Police Services Act, R.S.O. 1990, c. P.15.   [...]  Sections 10( b ) , 13 and 24(2) of the Canadian Charter of Rights and Freedoms : 10. Everyone has the right on arrest or detention

  • 283.

    Sauvé v. Canada (Chief Electoral Officer) - 2002 SCC 68 - [2002] 3 SCR 519 - 2002-10-31

    Supreme Court Judgments
    Constitutional law
    Elections

    Canadian Charter of Rights and Freedoms , preamble, ss. 1, 3, 6(1), 11, 12, 15(1), 33. Constitution Act, 1982 , s. 52 .   [...]  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.   [...]   of Commons, as guaranteed by s. 3 of the Canadian Charter of Rights and Freedoms ? Yes. 2. If the answer to Question 1 is yes, is the infringement a reasonable limit, prescribed by law, which can be demonstrably justified in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 284.

    Reference Re Public Service Employee Relations Act (Alta.) - [1987] 1 SCR 313 - 1987-04-09

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , (b), (c), (d), 6(2)( b ) , (4) , 16 to 25 , 27 , 29 , 33 .   [...]  In Litigating the Values of a Nation: The Canadian Charter of Rights and Freedoms . Edited by Joseph M. Weiler and Robin M. Elliot.   [...]  In Litigating the Values of a Nation: The Canadian Charter of Rights and Freedoms . Edited by Joseph M. Weiler and Robin M. Elliot.

  • 285.

    R. v. Vassell - 2016 SCC 26 - [2016] 1 SCR 625 - 2016-06-30

    Supreme Court Judgments
    Constitutional law

    V’s right to be tried within a reasonable time under s. 11( b ) of the Canadian Charter of Rights and Freedoms was infringed. When a s. 11(b) violation is raised, courts must be careful not to miss the forest for the trees.   [...]  Canadian Charter of Rights and Freedoms , ss. 9 , 10( b ) , 11( b ) , 24(2) . APPEAL from a judgment of the Alberta Court of Appeal (Watson, Rowbotham and O’Ferrall JJ.A.), 2015 ABCA 409, 29 Alta.   [...]  In line with O’Ferrall J.A.’s opinion, Mr. Vassell says that his right to be tried within a reasonable time under s. 11( b ) of the Canadian Charter of Rights and Freedoms was violated. He asks this Court to set aside his conviction for possession of cocaine for the purpose of trafficking (2014 ABQB 281), and enter a stay

  • 286.

    Spencer v. The Queen - [1985] 2 SCR 278 - 1985-10-10

    Supreme Court Judgments
    Constitutional law
    Evidence

    Furthermore, to compel appellant to testify does not constitute an infringement of s. 7 of the Canadian Charter of Rights and Freedoms which guarantees "everyone...the right to life, liberty and security of the person...."   [...]  Canadian Charter of Rights and Freedoms , s. 7 . Income Tax Act, R.S.C. 1952, c. 148. APPEAL from a judgment of the Ontario Court of Appeal (1983), 145 D.L.R. (3d) 344, 2 C.C.C. (3d) 526, setting aside a judgment of Montgomery J.1, quashing a decision of a Provincial Court judge ordering the appellant to testify.   [...]  3. In this Court counsel for Mr. Spencer raised, though somewhat feebly, an argument not dealt with by the Ontario Court of Appeal, namely, that compelling Mr. Spencer either to breach Bahamian law or be found in contempt for not testifying constitutes an infringement of s. 7 of the Canadian Charter of Rights and Freedoms ,

  • 287.

    Lavoie v. Canada - 2002 SCC 23 - [2002] 1 SCR 769 - 2002-03-08

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) 7, 8, 15(1). Canadian Citizenship Act, S.C. 1946, c. 15.   [...]  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.   [...]  public service, contrary to section 15(1) of the Canadian Charter of Rights and Freedoms ? 2. If the answer to question one is yes, is the discrimination a reasonable limit prescribed by law which can be demonstrably justified in a free and democratic society under section 1 of the Canadian Charter of Rights and Freedoms ?

  • 288.

    R. v. Cobham - [1994] 3 SCR 360 - 1994-09-29

    Supreme Court Judgments
    Constitutional law

    The summary conviction appeal judge allowed an appeal and entered an acquittal on the basis of a breach of s. 10(b) and exclusion under s. 24(2) of the Canadian Charter of Rights and Freedoms of the refusal evidence. The Court of Appeal allowed the Crown's appeal and restored the earlier conviction.   [...]  Canadian Charter of Rights and Freedoms , ss. 10 ( b ) , 24(2) . Criminal Code , R.S.C., 1985, c. C‐46 , s. 254(3) (a).   [...]  Lamer C.J. -- The fundamental issue in this case is whether detainees have the right to be informed under s. 10( b ) of the Canadian Charter of Rights and Freedoms of the existence and availability of duty counsel services which provide free and immediate, preliminary legal advice.

  • 289.

    Jack and Charlie v. The Queen - [1985] 2 SCR 332 - 1985-10-31

    Supreme Court Judgments
    Aboriginal law
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms . Freedom of Worship Act, R.S.Q. 1941, c. 307. Indian Act, R.S.C. 1970, c. I‐6.   [...]  The Canadian Charter of Rights and Freedoms had not been enacted at the time the offence was committed.   [...]   be required if s. 1 of the Canadian Charter of Rights and Freedoms were applicable. In their factum, counsel for the appellants concede that there is no direct authority for their submission but argue that, even prior to the coming into force of the Canadian Charter of Rights and Freedoms , the balancing test has been

  • 290.

    DesRochers v. Canada (Industry) - 2009 SCC 8 - [2009] 1 SCR 194 - 2009-02-05

    Supreme Court Judgments
    Constitutional law
    State

    Official languages — Communications with and services to public — Content of duty to provide services of equal quality in both official languages — Canadian Charter of Rights and Freedoms, s. 20(1) — Official Languages Act, R.S.C. 1985, c. 31 (4th Supp .), Part IV.   [...]  Section 20(1) of the Canadian Charter of Rights and Freedoms and Part IV of the Official Languages Act (“OLA ”) create a constitutional duty to make services of equal quality in both official languages available to the public.   [...]  Canadian Charter of Rights and Freedoms , ss. 16(1) , 20(1) . Department of Industry Act , S.C. 1995, c. 1 .

  • 291.

    Lake v. Canada (Minister of Justice) - 2008 SCC 23 - [2008] 1 SCR 761 - 2008-05-08

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Constitutional law — Charter of Rights — Mobility rights — Right to remain in Canada — Extradition — Whether Minister of Justice’s decision to surrender fugitive to U.S. breached his mobility rights — Canadian Charter of Rights and Freedoms, s. 6(1) . Extradition — Surrender — Minister of Justice surrendering fugitive to   [...]  Section 6(1) of the Canadian Charter of Rights and Freedoms is prima facie infringed by a decision to surrender a Canadian citizen, but the infringement can generally be justified under s. 1 of the Charter .   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 6(1) , 7 . Extradition Act, R.S.C. 1985, c. E‐23, s. 9(3).

  • 292.

    United States of America v. Cobb - 2001 SCC 19 - [2001] 1 SCR 587 - 2001-04-05

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 6 , 7 , 11( b ) , 12 , 24(1) . Extradition Act, R.S.C. 1985, c. E-23, ss. 9(3) [ad. 1992, c. 13, s. 2], 19(a) [idem, s. 3].   [...]  Specifically, the question is whether the appellants’ rights under s. 7 of the Canadian Charter of Rights and Freedoms are engaged at the committal stage, and, if so, whether the extradition judge has jurisdiction to remedy a breach of s. 7 by granting a stay of proceedings.   [...]  11 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.

  • 293.

    R. v. Caslake - [1998] 1 SCR 51 - 1998-01-22

    Supreme Court Judgments
    Constitutional law

    At issue here was whether the search of the car was consistent with s. 8 of the Canadian Charter of Rights and Freedoms which guarantees the right to be secure against unreasonable search or seizure, and if not consistent, whether the evidence should have been admitted.   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Criminal Code , R.S.C., 1985, c. C-46 , ss. 487 [am. c. 27 (1st Supp.), s. 68; 1994, c. 44, s. 36; 1997, c. 18, s. 41, c. 23, s. 12], 494, 495 [am. c. 27 (1st Supp.), s. 75].   [...]  He appeals the latter conviction on the grounds that the search of his car was not reasonable under s. 8 of the Canadian Charter of Rights and Freedoms , and the cocaine should not have been admitted into evidence under s. 24(2).

  • 294.

    R. v. Richard - [1996] 3 SCR 525 - 1996-10-31

    Supreme Court Judgments
    Constitutional law

    The court found that s. 16 infringed s. 11( d ) of the Canadian Charter of Rights and Freedoms but that this infringement was justifiable under s. 1 of the Charter .   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 11( d ) . Motor Vehicle Act, R.S.N.B. 1973, c. M‐17, ss. 140(1.1) [ad. 1981, c. 48, s. 8; am. 1983, c. 52, s. 12; am. 1990, c. 61, s. 84(3)], 347.1(5) [rep.   [...]  2.If the answer to question 1 is yes, is the procedure justified under s. 1 of the Canadian Charter of Rights and Freedoms ? 7 On April 23, 1996, this Court allowed the appeals in a judgment rendered from the bench, with reasons to follow.

  • 295.

    R. v. Keegstra - [1995] 2 SCR 381 - 1995-05-18

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 7 , 11( d ) , 15 . Constitution Act, 1982 , s. 52(1) .   [...]  Prior to his first trial, Keegstra challenged the validity of the section under ss. 2( b ) and 11( d ) of the Canadian Charter of Rights and Freedoms . This application was dismissed: (1984), 87 A.R. 200.   [...]  1.Do ss. 319(2) and 319(3) of the Criminal Code infringe ss. 2( b ) , 7 and 15 of the Canadian Charter of Rights and Freedoms , and if so, are they justified under s. 1 given developments in the law since this case was last before this Court?

  • 296.

    Canadian Broadcasting Corp. v. New Brunswick (Attorney General) - [1991] 3 SCR 459 - 1991-11-14

    Supreme Court Judgments
    Constitutional law
    Criminal law

    At issue here was whether freedom of the press, as protected by s. 2( b ) of the Canadian Charter of Rights and Freedoms , requires that a justice of the peace, before issuing a warrant to search media offices, be satisfied that no reasonable alternative source of the information exists.   [...]  Canadian Charter of Rights and Freedoms , ss. 2 ( b ) , 8 , 24 . Combines Investigation Act, R.S.C. 1970, c. C‐23, s. 41.   [...]  Specifically, the Court must determine whether freedom of the press, as protected by s. 2( b ) of the Canadian Charter of Rights and Freedoms , requires that a justice of the peace, before issuing a warrant to search media offices, be satisfied that no reasonable alternative source of the information exists.

  • 297.

    R. v. Dyment - [1988] 2 SCR 417 - 1988-12-08

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 7 , 8 , 24(2) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 236, 237(2), 238(3).   [...]  1. La Forest J.‐‐ The issues in this case are whether the taking by a police officer of a vial of a patient's blood at a hospital from, and with the consent of, a physician who had himself obtained it from a bleeding and unconscious patient, violates s. 8 of the Canadian Charter of Rights and Freedoms , and if so whether it  [...]  In this, I would refer to the reasons of the Chief Justice in R. v. Jacoy, [1988] 2 S.C.R. 548, in reaching a similar conclusion relating to the exclusion of evidence under s. 24(2) of the Canadian Charter of Rights and Freedoms . I would allow the appeal and restore the conviction.

  • 298.

    R. v. Stevens - [1988] 1 SCR 1153 - 1988-06-30

    Supreme Court Judgments
    Constitutional law
    Criminal law

    The Canadian Charter of Rights and Freedoms , although not in force when the alleged criminal conduct took place, was in force at the time of the accused's trial.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 7 , 13 , 15 . Constitution Act, 1982 , s. 52(1) .   [...]  The Canadian Charter of Rights and Freedoms had not been enacted at the time the offence was committed.

  • 299.

    R. v. M. (M.R.) - [1998] 3 SCR 393 - 1998-11-26

    Supreme Court Judgments
    Constitutional law

    The trial judge found that the vice-principal was acting as an agent of the police and held that the search violated the accused’s rights under the Canadian Charter of Rights and Freedoms . He excluded the evidence found in the search. The Crown did not offer any further evidence, and the charge against the accused was   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 10( b ) , 24(2) , 32(1) . Education Act, R.S.N.S. 1989, c. 136, s. 54(b), (g).   [...]  8 Canadian Charter of Rights and Freedoms 8. Everyone has the right to be secure against unreasonable search or seizure.

  • 300.

    R. v. Belnavis - [1997] 3 SCR 341 - 1997-09-25

    Supreme Court Judgments
    Constitutional law

    The trial judge found the search unreasonable contrary to s. 8 of the Canadian Charter of Rights and Freedoms , excluded the evidence of the clothing under s. 24(2), and acquitted the accused.   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Authors Cited Roach, Kent. Constitutional Remedies in Canada.   [...]  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.