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1,199 result(s)

  • 301.

    Carter v. The Queen - [1986] 1 SCR 981 - 1986-06-26

    Supreme Court Judgments
    Constitutional law

    In May 1983, prior to the accused's election, a Provincial Court judge ruled that the accused's right to be tried within a reasonable time under s. 11( b ) of the Canadian Charter of Rights and Freedoms had been violated and ordered a stay of proceedings.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 11( b ) , (d). APPEAL from a judgment of the British Columbia Court of Appeal (1984), 11 C.C.C. (3d) 284, 8 D.L.R. (4th) 156, 9 C.R.R. 345, upholding a judgment of McKay J. (1983), 9 C.C.C. (3d) 173, 4 D.L.R. (4th) 746, granting a Crown's application for certiorari to quash   [...]  1. Lamer J.‐‐The issue in this appeal is whether pre‐charge delay may be considered in determining whether a person charged with an offence has been tried within a reasonable time pursuant to s. 11( b ) of the Canadian Charter of Rights and Freedoms (Constitution Act , 1982 , as enacted by the Canada Act 1982, 1982 (U.K.),

  • 302.

    Suresh v. Canada (Minister of Citizenship and Immigration) - 2002 SCC 1 - [2002] 1 SCR 3 - 2002-01-11

    Supreme Court Judgments
    Administrative law
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d), 7 , 12 . Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, Can. T.S. 1987 No. 36, Arts. 1, 2(1), (2), 3(1), 16(2), 17‐24.   [...]  In these reasons we examine the Immigration Act and the Canadian Charter of Rights and Freedoms , and find that deportation to face torture is generally unconstitutional and that some of the procedures followed in Suresh’s case did not meet the required constitutional standards.   [...]  24 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.

  • 303.

    Cooper v. Canada (Human Rights Commission) - [1996] 3 SCR 854 - 1996-11-21

    Supreme Court Judgments
    Administrative law

    Canadian Charter of Rights and Freedoms , ss. 1 , 11( d ) , 15 , 24(1) , (2) . Canadian Human Rights Act , R.S.C., 1985, c. H‐6 , ss. 7 , 10 , 15 (a), (c), 26 , 27(1) (e), (f), (g), (2) , 40 , 41 (c), 43 [subs.   [...]  “Jurisdiction of Administrative Tribunals to Apply the Canadian Charter of Rights and Freedoms ”. In Special Lectures of the Law Society of Upper Canada 1992: Administrative Law: Principles, Practice and Pluralism.   [...]  In 1982, this country adopted as part of our constitution the Canadian Charter of Rights and Freedoms , which guaranteed to Canadians the right to equal treatment under the law.

  • 304.

    R. v. Jones - [1994] 2 SCR 229 - 1994-05-12

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 10( b ) , 11( c ) , 13 , 24(2) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 465(1)(c) [am. c. 2 (2nd Supp.), s. 6; am. 1972, c. 13, s. 38; 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.   [...]  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.

  • 305.

    Saskatchewan Federation of Labour v. Saskatchewan - 2015 SCC 4 - [2015] 1 SCR 245 - 2015-01-30

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d). Constitution Act, 1982 , s. 36(1)( c ) .   [...]   Services Act, S.S. 2008, c. P-42.2, in whole or in part, infringe s. 2( b ) 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. l of the Canadian Charter of Rights and Freedoms ?   [...]   Services Act, S.S. 2008, c. P-42.2, in whole or in part, infringe s. 2( d ) 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 ?

  • 306.

    Canadian Egg Marketing Agency v. Richardson - [1998] 3 SCR 157 - 1997-05-30

    Supreme Court Judgments
    Action
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( d ) , 6 , 7 , 15 , 30 . Canadian Egg Anti‐dumping Pricing Regulations, C.R.C., c. 654.   [...]  “The Canadian Charter of Rights and Freedoms : Context and Evolution”. In Gérald‐A. Beaudoin and Errol Mendes, eds., The Canadian Charter of Rights and Freedoms , 3rd ed.   [...]  (“The Canadian Charter of Rights and Freedoms : Context and Evolution”, in G.-A. Beaudoin and E. Mendes, eds., The Canadian Charter of Rights and Freedoms (3rd ed. 1996), at pp. 1-5 and 1-15.)

  • 307.

    R. v. Chaplin - [1995] 1 SCR 727 - 1995-02-23

    Supreme Court Judgments
    Criminal law

    The Crown's disclosure obligation is shaped by the principles of fundamental justice included in s. 7 of the Canadian Charter of Rights and Freedoms and, in particular, the right to make full answer and defence.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 10( b ) , 11( d ) . Criminal Code , R.S.C., 1985, c. C‐46 , ss. 187 [am. c. 27 (1st Supp.), s. 24], 189(2) [idem, s. 203], 193 [am. c. 30 (4th Supp.), s. 45], 196 [am. c. 27 (1st Supp.), s. 28], 625.1(2) [ad. idem, s. 127], 691(2)(a).   [...]  This common law right has acquired new vigour by virtue of its inclusion in s. 7 of the Canadian Charter of Rights and Freedoms as one of the principles of fundamental justice. . . .

  • 308.

    Danson v. Ontario (Attorney General) - [1990] 2 SCR 1086 - 1990-10-04

    Supreme Court Judgments
    Civil procedure
    Constitutional law
    Courts

    It was alleged that the Rules attacked the independence of the bar, exceeded the scope of s. 92(14) of the Constitution Act, 1867 and violated ss. 7 and 15 of the Canadian Charter of Rights and Freedoms . Appellant brought an application in the Supreme Court of Ontario pursuant to Rule 14.05(3)(h), which allows a proceeding  [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 15 . Constitution Act, 1867 , s. 92(14) .   [...]  Such a law would violate s. 2( a ) of the Canadian Charter of Rights and Freedoms , could not possibly be saved under s. 1 of the Charter , and might perhaps be struck down right away; see Attorney General of Quebec v. Quebec Association of Protestant School Boards, [1984] 2 S.C.R. 66, at p. 88.

  • 309.

    Health Services and Support - Facilities Subsector Bargaining Assn. v. British Columbia - 2007 SCC 27 - [2007] 2 SCR 391 - 2007-06-08

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( d ) , 7 , 15 , 32 . Conciliation Act, 1900, S.C. 1900, c. 24.   [...]   by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? No. 3. Does Part 2 of the Health and Social Services Delivery Improvement Act, S.B.C. 2002, c. 2, in whole or in part, infringe s. 15 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.

  • 310.

    Winko v. British Columbia (Forensic Psychiatric Institute) - [1999] 2 SCR 625 - 1999-06-17

    Supreme Court Judgments
    Constitutional law

    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.   [...]  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 ? VI. Analysis A. What Section 672.54 of the Criminal Code Requires   [...]  101 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.

  • 311.

    Wakeling v. United States of America - 2014 SCC 72 - [2014] 3 SCR 549 - 2014-11-14

    Supreme Court Judgments
    Constitutional law
    Criminal law

    At the extradition hearing, W submitted that legislation authorizing the disclosure violates ss. 7 and 8 of the Canadian Charter of Rights and Freedoms , and the intercepted communications should not be admitted as evidence.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 24 . Criminal Code , R.S.C. 1985, c. C-46 , Part VI, ss. 183, 184.1, 184.2, 184.4, 185, 186, 193, 195, 196, 487.01(5).   [...]   193(2) (e) of the Criminal Code , R.S.C. 1985, c. C-46 , infringe s. 8 of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 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 ?

  • 312.

    Canada (Attorney General) v. PHS Community Services Society - 2011 SCC 44 - [2011] 3 SCR 134 - 2011-09-30

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 24(1) . Constitution Act, 1867 , ss. 91(27) , 92(7) , (13) , (16) .   [...]  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 ?

  • 313.

    Operation Dismantle v. The Queen - [1985] 1 SCR 441 - 1985-05-09

    Supreme Court Judgments
    Action
    Constitutional law
    Courts

    Constitutional law ‐‐ Canadian Charter of Rights and Freedoms ‐‐ Right to life, liberty and security of person ‐‐ U.S. cruise missile testing in Canada ‐‐ Testing alleged to increase risk of nuclear war in violation of that right ‐‐ Motion to strike out ‐‐ Whether or not facts as alleged in violation of Charter ‐‐ Canadian   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 24(1) , 32(1)( a ) ,(b). Colonial Laws Validity Act, 1865, 28 & 29 Vict., c. 63, s. 2.   [...]  La Forest, Gerard J. "The Canadian Charter of Rights and Freedoms : An Overview" (1983), 61 Can. Bar Rev. 19, 19‐29.

  • 314.

    R. v. Conway - 2010 SCC 22 - [2010] 1 SCR 765 - 2010-06-11

    Supreme Court Judgments
    Administrative law
    Constitutional law
    Criminal law

    Constitutional law — Charter of Rights — Remedies — Court of competent jurisdiction — Remedial jurisdiction of administrative tribunals under s. 24(1) of Canadian Charter of Rights and Freedoms — New approach. Criminal law — Mental disorder — Review Board — Remedial jurisdiction under Canadian Charter of Rights and Freedoms  [...]  Administrative law — Boards and tribunals — Jurisdiction — Remedial jurisdiction of administrative tribunals under s. 24(1) of Canadian Charter of Rights and Freedoms — New approach. In 1984, C was found not guilty by reason of insanity on a charge of sexual assault with a weapon.   [...]  Canadian Charter of Rights and Freedoms , ss. 2 ( b ) , (d), 7 , 8 , 9 , 12 , 15(1) , 24 .

  • 315.

    R. v. Nolet - 2010 SCC 24 - [2010] 1 SCR 851 - 2010-06-25

    Supreme Court Judgments
    Constitutional law
    Professional law

    Constitutional law — Charter of Rights — Arbitrary detention — Random roadside stops — Whether random stop of truck of accused by police related to legitimate highway purposes — Whether random stop infringed constitutional rights of accused not to be arbitrarily detained — Canadian Charter of Rights and Freedoms, s. 9 — The  [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 8 , 9 , 24(2) . Dangerous Goods Transportation Act, S.S. 1984‐85‐86, c. D‐1.2.   [...]  [14] Canadian Charter of Rights and Freedoms 8. Everyone has the right to be secure against unreasonable search or seizure.

  • 316.

    R. v. Evans - [1996] 1 SCR 8 - 1996-01-25

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Narcotic Control Act, R.S.C., 1985, c. N‐1, ss. 10, 12.   [...]  When Parliament has dealt with the issue, the courts can then consider whether its action is justifiable under the Canadian Charter of Rights and Freedoms . I have elsewhere set forth in more detail my views on the proper function of Parliament and of the courts in this area, and shall not repeat them at length here; see,   [...]  The issue is whether the police were conducting a search within the meaning of s. 8 of the Canadian Charter of Rights and Freedoms by knocking on the door of a dwelling house in order to make an enquiry, and while in the course of that activity making observations of the party who answered the door and other observations

  • 317.

    R. v. Broyles - [1991] 3 SCR 595 - 1991-11-28

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 10( b ) , 11( c ) , 24(2) . Criminal Code , R.S.C., 1985, c. C‐46 , s. 686(1) (a)(ii), (b)(iii) (formerly R.S.C. 1970, c. C-34, s. 613(1)(a)(ii), (b)(iii)).   [...]  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.Was the evidence of the conversation between the appellant and Ritter obtained in a manner which infringed s. 7 of the Canadian Charter of Rights and Freedoms ? 2.If the answer to the first question is yes, should the evidence be excluded under s. 24(2) of the Charter ?

  • 318.

    R. v. Schmautz - [1990] 1 SCR 398 - 1990-03-15

    Supreme Court Judgments
    Constitutional law

    Constitutional law -- Charter of Rights -- Right to counsel -- Meaning of "detention" -- Failure to comply with breathalyzer demand -- Whether accused detained -- Canadian Charter of Rights and Freedoms, s. 10(b) -- Criminal Code, R.S.C. 1970, c. C-34, s. 235.   [...]  Canadian Charter of Rights and Freedoms , ss. 10 , 24(2) . Criminal Code, R.S.C. 1970, c. C-34, s. 235 [rep.   [...]  The circumstances in which the appellant was subjected to the demand raise the issue of whether s. 10 of the Canadian Charter of Rights and Freedoms was violated. I - The Facts On the evening of August 1, 1985, a hit and run accident occurred in Delta, British Columbia.

  • 319.

    R. v. Brydges - [1990] 1 SCR 190 - 1990-02-01

    Supreme Court Judgments
    Constitutional law

    Because the police did not assist the accused in exercising his right to counsel by determining the availability of Legal Aid at that time, the trial judge held that the accused's rights under s. 10( b ) of the Canadian Charter of Rights and Freedoms were violated, and the accused's statements were excluded pursuant s.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 10( b ) , 11( d ) , 24(2) . International Covenant on Civil and Political Rights, 999 U.N.T.S. 171, Art. 14(3).   [...]  This case deals with the scope of s. 10( b ) of the Canadian Charter of Rights and Freedoms , specifically with respect to the duty of the police when an accused expresses a concern that his right to retain and instruct counsel is contingent on his ability to afford one.

  • 320.

    Argentina v. Mellino - [1987] 1 SCR 536 - 1987-05-14

    Supreme Court Judgments
    Appeal
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( b ) , 24(1) , 32 . Extradition Act, R.S.C. 1970, c. E‐21.   [...]  1. La Forest J.‐‐This appeal concerns the application of ss. 7 and 11( b ) of the Canadian Charter of Rights and Freedoms to extradition proceedings. These provisions read as follows:   [...]  41. As I discussed in Canada v. Schmidt, [1987] 1 S.C.R. 500, s. 11 of the Canadian Charter of Rights and Freedoms generally applies to the extradition hearing in so far as it would apply to a preliminary inquiry.

  • 321.

    R. v. Garofoli - [1990] 2 SCR 1421 - 1990-11-22

    Supreme Court Judgments
    Constitutional law
    Criminal law

    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 authorizations ‐‐ Whether authorizations violate s. 8 of Canadian Charter of Rights and Freedoms .   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 8 , 24(1) and 24(2) : 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.   [...]  I. Part IV.1 of the Criminal Code and the Canadian Charter of Rights and Freedoms Part IV.1 of the Criminal Code is the primary source of legislative guidance on the subject of wiretaps.

  • 322.

    Quebec (Attorney General) v. Laroche - 2002 SCC 72 - [2002] 3 SCR 708 - 2002-11-21

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Criminal law — Proceeds of crime — Restraint order — Nature and scope of restraint orders — Whether restraint order a seizure within meaning of s. 8 of Canadian Charter of Rights and Freedoms — Criminal Code, R.S.C. 1985, c. C‐46, s. 462.33(3) .   [...]  Constitutional law — Charter of Rights — Unreasonable search or seizure — Restraint order on certain property under Criminal Code — Whether restraint order a seizure within meaning of s. 8 of Canadian Charter of Rights and Freedoms — Criminal Code, R.S.C. 1985, c. C‐46, s. 462.33(3) .   [...]  The respondents then brought an application for review in the Superior Court under s. 462.34 of the Code and s. 24(1) of the Canadian Charter of Rights and Freedoms . The Superior Court granted the application and quashed the restraint order and special warrants of seizure in full.

  • 323.

    R. v. Jarvis - 2002 SCC 73 - [2002] 3 SCR 757 - 2002-11-21

    Supreme Court Judgments
    Constitutional law
    Taxation

    with requirement letters to various banks and search warrant — Taxpayer charged with tax evasion — Whether evidence against taxpayer obtained in violation of his rights under Canadian Charter of Rights and Freedoms — If so, whether evidence should be excluded — Canadian Charter of Rights and Freedoms, s. 24(2) .   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 8 , 24 . Criminal Code , R.S.C. 1985, c. C-46 , s. 487 .   [...]  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.

  • 324.

    Benner v. Canada (Secretary of State) - [1997] 1 SCR 358 - 1997-02-27

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15 . Canadian Citizenship Act, R.S.C. 1970, c. C-19 [formerly R.S.C. 1952, c. 33], s. 5(1).   [...]  For the reasons which follow, I find that this differential treatment violates s. 15 of the Canadian Charter of Rights and Freedoms and cannot be saved under s. 1 of the Charter . The offending provisions are therefore, to the extent of the unconstitutionality, of no force or effect.   [...]  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.

  • 325.

    Mooring v. Canada (National Parole Board) - [1996] 1 SCR 75 - 1996-02-08

    Supreme Court Judgments
    Constitutional law

    Parole Board "court of competent jurisdiction" for purpose of excluding evidence under s. 24(2) of Canadian Charter of Rights and Freedoms . Constitutional law ‐‐ Charter of Rights ‐‐ Court of competent jurisdiction ‐‐ National Parole Board ‐‐ Exclusion of evidence -- Canadian Charter of Rights and Freedoms, s. 24 .   [...]  Proceedings on all charges against the respondent were later stayed, apparently because Crown counsel believed that the search of the van violated the Canadian Charter of Rights and Freedoms , and that evidence concerning the search would not be admissible in a trial.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 24(1) , (2) . Corrections and Conditional Release Act , S.C. 1992, c. 20 , ss. 4 (g), 100 , 101 , 107(1) , 147(1) , 151(2) .