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1,199 result(s)

  • 326.

    R. v. Wise - [1992] 1 SCR 527 - 1992-02-27

    Supreme Court Judgments
    Constitutional law
    Criminal law

    The trial judge excluded all evidence obtained through the use of the beeper, on the ground that it had been obtained in violation of appellant's right to be secure against unreasonable search and seizure under s. 8 of the Canadian Charter of Rights and Freedoms . He acquitted appellant. The Court of Appeal set aside the   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 10( b ) , 24(2) . Criminal Code, R.S.C. 1970, c. C‐34, s. 387(3).   [...]  The Crown respondent conceded that the installation of the beeper was an unreasonable search in violation of s. 8 of the Canadian Charter of Rights and Freedoms . Accepting this concession, the main issue is whether the evidence obtained as a result of the unreasonable search should be excluded under s. 24(2) of the Charter

  • 327.

    R. v. Zundel - [1992] 2 SCR 731 - 1992-08-27

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 7 , 15 , 27 . Criminal Code (Danemark ), ss. 140, 266(b).   [...]  The appellant, Ernst Zundel, alleges that the provision violates s. 7 and s. 2( b ) of the Canadian Charter of Rights and Freedoms and cannot be justified under s. 1 of the Charter .   [...]  3. Is s. 181 (formerly s. 177) of the Criminal Code contrary to s. 7 of the Canadian Charter of Rights and Freedoms as being a vague and uncertain restriction upon the fundamental freedom of expression?

  • 328.

    Ontario (Attorney General) v. Fraser - 2011 SCC 20 - [2011] 2 SCR 3 - 2011-04-29

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , (b), (d), 7 ‐12, 15, 23, 32, 33.   [...]   Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16, infringe s. 15 of the Canadian Charter of Rights and Freedoms ? 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 ?   [...]   of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sch. A, infringe s. 15 of the Canadian Charter of Rights and Freedoms ? No. 8. 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 ?

  • 329.

    R. v. Advance Cutting & Coring Ltd. - 2001 SCC 70 - [2001] 3 SCR 209 - 2001-10-19

    Supreme Court Judgments
    Constitutional law
    Labour law

    “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), 1, at p. 1-15)   [...]  98 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.

  • 330.

    R. v. Law - 2002 SCC 10 - [2002] 1 SCR 227 - 2002-02-07

    Supreme Court Judgments
    Constitutional law

    The trial judge ruled that the photocopying of the documents was an unreasonable search under s. 8 of the Canadian Charter of Rights and Freedoms , and excluded the photocopies under s. 24(2) of the Charter .   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Excise Tax Act , R.S.C. 1985, c. E-15 , ss. 288 [ad. 1990, c. 45, s. 12], 327.   [...]  9 Canadian Charter of Rights and Freedoms 8. Everyone has the right to be secure against unreasonable search or seizure.

  • 331.

    R. v. Macooh - [1993] 2 SCR 802 - 1993-02-26

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 9 . Constitution Act, 1867 , s. 92(15) .   [...]  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.   [...]  The appellant also raised arguments based on the Canadian Charter of Rights and Freedoms . He argued that his rights under ss. 7 and 9 of the Charter had been infringed.

  • 332.

    R. v. Smith - [1989] 2 SCR 1120 - 1989-12-07

    Supreme Court Judgments
    Constitutional law

    Constitutional law -- Charter of Rights -- Trial within a reasonable time -- Fifteen‐month delay between the laying of the charge and the date set for the commencement of the preliminary inquiry -- Whether accused's right to be tried within a reasonable time infringed -- Canadian Charter of Rights and Freedoms, s. 11(b) .   [...]  Canadian Charter of Rights and Freedoms , ss. 11 ( b ) , 24 . Criminal Code, R.S.C. 1970, c. C‐34, s. 294(a) [rep.   [...]  The sole issue in this appeal is whether the delay in commencing the preliminary inquiry infringed the appellant's right to be tried within a reasonable time contrary to s. 11( b ) of the Canadian Charter of Rights and Freedoms . The Facts The appellant was employed as a driver/salesman delivering dairy products to

  • 333.

    Brosseau v. Alberta Securities Commission - [1989] 1 SCR 301 - 1989-03-09

    Supreme Court Judgments
    Administrative law
    Statutes

    Canadian Charter of Rights and Freedoms , ss. 1 , 11( d ) , (h). Securities Act, R.S.A. 1970, c. 333, s. 136.   [...]  1.Double jeopardy -- an infringement of the Respondents' rights as set out in section 11(h) of the Canadian Charter of Rights and Freedoms 2.Bias 3.Improper purpose 4.Expiry of limitation date for commencement of the proceedings   [...]  2. Does a hearing of the Alberta Securities Commission pursuant to ss. 165 and 166 of the Securities Act, S.A. 1981, c. S-6.1, infringe or deny the right to a fair and public hearing by an independent and impartial tribunal guaranteed by s. 11( d ) of the Canadian Charter of Rights and Freedoms if the Alberta Securities

  • 334.

    RJR -- MacDonald Inc. v. Canada (Attorney General) - [1994] 1 SCR 311 - 1994-03-03

    Supreme Court Judgments
    Action

    – Tobacco Products Control Regulations, amendment, SOR/93‐389 – Canadian Charter of Rights and Freedoms, ss. 1 , 2(b) , 24(1) – Rules of the Supreme Court of Canada, SOR/83‐74, s. 27 – Supreme Court Act, R.S.C., 1985, c. S‐26, s. 65.1 .   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 24(1) . Code of Civil Procedure of Québec, art. 523.   [...]  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.

  • 335.

    B.C.G.E.U. v. British Columbia (Attorney General) - [1988] 2 SCR 214 - 1988-10-20

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , Preamble, ss. 1, 2(b), (c), 7, 11(a), (c), (d), 24(1).   [...]  23. Before considering picketing and its effects and the law of contempt, I must advert to the Canadian Charter of Rights and Freedoms which plays a role of superordinate importance in this appeal.   [...]  The Canadian Charter of Rights and Freedoms 24. The Union is advancing certain Charter arguments in the present proceedings.

  • 336.

    R. v. Solomon - [1997] 3 SCR 696 - 1997-10-10

    Supreme Court Judgments
    Constitutional law

    Constitutional law ‐‐ Charter of Rights ‐‐ Search and seizure ‐‐ Admissibility of evidence ‐‐ Telephone conversations ‐‐ Canadian Charter of Rights and Freedoms, ss. 8 , 24(2) . Statutes and Regulations Cited   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . APPEAL from a judgment of the Quebec Court of Appeal, [1996] R.J.Q. 1789, 139 D.L.R. (4th) 625, 110 C.C.C. (3d) 354, [1996] Q.J. No. 2131 (QL), setting aside the accused’s acquittal and ordering a new trial.   [...]  2 Assuming that there was an infringement of s. 8 of the Canadian Charter of Rights and Freedoms , in view of the circumstances of this case, the three telephone calls from Quebec were admissible under s. 24(2) of the Charter .

  • 337.

    R. v. Hawkins - [1993] 2 SCR 157 - 1993-04-28

    Supreme Court Judgments
    Constitutional law

    Constitutional law ‐‐ Charter of Rights ‐‐ Right to counsel ‐‐ Detention ‐‐ Canadian Charter of Rights and Freedoms, s. 10(b) . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 10 ( b ) .   [...]  It follows that there could not be any infringement of his rights guaranteed by s. 10( b ) of the Canadian Charter of Rights and Freedoms . The appeal is therefore allowed. The order of the Court of Appeal is set aside and the conviction restored.

  • 338.

    R. v. Dawson - [1987] 2 SCR 461 - 1987-10-16

    Supreme Court Judgments
    Constitutional law

    Constitutional law ‐‐ Charter of Rights ‐‐ Standards of application of s. 24(1) of the Canadian Charter of Rights and Freedoms . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 24(1) .   [...]  In light of judgments of this Court not available to the trial judge here, he erred in law, as a minimum in the application of s. 24(1) of the Canadian Charter of Rights and Freedoms . 3. Accordingly the appeal is dismissed. The matter must be returned for retrial.

  • 339.

    R. v. B. (J.G.) - [1993] 3 SCR 643 - 1993-10-08

    Supreme Court Judgments
    Constitutional law

    Constitutional law ‐‐ Charter of Rights ‐‐ Trial within a reasonable time ‐‐ Delay not unreasonable ‐‐ Canadian Charter of Rights and Freedoms, s. 11(b) . Cases Cited Applied: R. v. Askov, [1990] 2 S.C.R. 1199; R. v. Morin, [1992] 1 S.C.R. 771.   [...]  Canadian Charter of Rights and Freedoms , s. 11 ( b ) . APPEAL from a judgment of the Ontario Court of Appeal (1992), 58 O.A.C. 169, allowing the Crown's appeal from a stay of proceedings ordered by the Ontario Court (General Division).   [...]  Pursuant to the principles in R. v. Askov, [1990] 2 S.C.R. 1199, and R. v. Morin, [1992] 1 S.C.R. 771, there was no unreasonable delay in this case so as to justify the imposition of a stay under the provisions of s. 11( b ) of the Canadian Charter of Rights and Freedoms . Applying the relevant factors, we are of the view

  • 340.

    A.C. v. Manitoba (Director of Child and Family Services) - 2009 SCC 30 - [2009] 2 SCR 181 - 2009-06-26

    Supreme Court Judgments
    Civil law
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 7 , 15 . Child and Family Services Act, C.C.S.M. c. C80, ss. 1(1) “child”, 2, 17, 21(1), 25, 25(8), 25(9), 27(1).   [...]  Child and Family Services Act, S.M. 1985-86, c. 8, infringe s. 2( a ) 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 ?   [...]   The Child and Family Services Act, S.M. 1985-96, c. 8, infringe s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 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 ?

  • 341.

    Ontario (Public Safety and Security) v. Criminal Lawyers' Association - 2010 SCC 23 - [2010] 1 SCR 815 - 2010-06-17

    Supreme Court Judgments
    Access to information
    Constitutional law

    Constitutional law — Charter of Rights — Freedom of expression — Scope — Access to government held information — Whether freedom of expression protects access to information — If so, in what circumstances — Canadian Charter of Rights and Freedoms, s. 2(b) . Access to information — Access to records — Exemptions — Minister   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 7 , 11( b ) , (d). Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, ss. 10, 14, 19, 23, 50(1)(a).   [...]  [5] Section 2( b ) of the Canadian Charter of Rights and Freedoms guarantees freedom of expression, but it does not guarantee access to all documents in government hands.

  • 342.

    R. v. La - [1997] 2 SCR 680 - 1997-06-26

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 24(1) . Authors Cited Hendel, Ursula, and Peter Sankoff.   [...]  There will, however, be a breach of the Canadian Charter of Rights and Freedoms if the explanation does not satisfy the trial judge.   [...]  I am unable to agree, however, with the manner in which he characterizes the Crown’s duty to disclose as a distinct right of the accused under s. 7 of the Canadian Charter of Rights and Freedoms . For this reason, I wish to make the following comments.

  • 343.

    R. v. Black - [1989] 2 SCR 138 - 1989-08-10

    Supreme Court Judgments
    Constitutional law

    At the accused's trial for second degree murder, the trial judge excluded the statement pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms on the basis that the accused's right to retain and instruct counsel had been violated.   [...]  Canadian Charter of Rights and Freedoms , ss. 10 ( b ) , 24(2) . APPEAL from a judgment of the Nova Scotia Supreme Court, Appeal Division (1987), 32 C.C.C. (3d) 425, 77 N.S.R. (2d) 23, 191 A.P.R. 23, allowing the Crown's appeal and ordering a new trial on the charge of second degree murder.   [...]  WILSON J. -- This appeal raises a number of issues relating to s. 10( b ) of the Canadian Charter of Rights and Freedoms and the application of s. 24(2) of the Charter in the event a violation of s. 10(b) is found to have occurred.

  • 344.

    R. v. Vaillancourt - [1987] 2 SCR 636 - 1987-12-03

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) . Constitution Act, 1867 , s. 91(27) .   [...]   s. 7 or s. 11( d ) of the Canadian Charter of Rights and Freedoms , and, therefore, of no force or effect? 2. If not, is the combination of s. 21 and s. 213 (d) of the Criminal Code inconsistent with the provisions of either s. 7 or s. 11( d ) of the Canadian Charter of Rights and Freedoms and is s. 21 of the Criminal   [...]  It is evident as well from his reasons that, save for the Canadian Charter of Rights and Freedoms , he is in agreement that the appellant would be properly convicted of murder under the combined effect of s. 21(2) and s. 213 (d) of the Criminal Code .

  • 345.

    Ravndahl v. Saskatchewan - 2009 SCC 7 - [2009] 1 SCR 181 - 2009-01-29

    Supreme Court Judgments
    Action

    After her remarriage, legislative amendments ultimately provided for compensation to continue to be payable to a surviving dependent spouse in case of remarriage occurring on or after April 17, 1985 — the date the equality rights guaranteed by s. 15 of the Canadian Charter of Rights and Freedoms came into effect. These   [...]  Canadian Charter of Rights and Freedoms , ss. 15 , 24 . Constitution Act, 1982 , s. 52 .   [...]  Before the equality provision of the Canadian Charter of Rights and Freedoms came into force on April 17, 1985, workers’ compensation legislation provided that pensions to survivor spouses would cease upon remarriage.

  • 346.

    R. v. Krieger - 2006 SCC 47 - [2006] 2 SCR 501 - 2006-10-26

    Supreme Court Judgments
    Constitutional law
    Criminal law

    He was charged with having unlawfully produced cannabis and he exercised his right under s. 11( f ) of the Canadian Charter of Rights and Freedoms to “the benefit of trial by jury”. However, the trial judge directed the jurors to convict and added that they were bound to abide by his direction.   [...]  Canadian Charter of Rights and Freedoms , s. 11 ( f ) . Criminal Code , R.S.C. 1985, c. C‐46 , s. 686(1) (b)(iii).   [...]  On that charge, he was entitled under s. 11( f ) of the Canadian Charter of Rights and Freedoms to “the benefit of trial by jury”. He elected to exercise that right.

  • 347.

    Mackay v. Manitoba - [1989] 2 SCR 357 - 1989-09-14

    Supreme Court Judgments
    Constitutional law

    The trial judge held that the legislation in question did not infringe the guarantee of freedom of expression set out in s. 2( b ) of the Canadian Charter of Rights and Freedoms . The majority of the Court of Appeal upheld this decision.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 15 . Elections Finances Act, S.M. 1982‐83‐84, c. 45.   [...]  The trial judge held that the legislation in question did not infringe the guarantee of freedom of expression set out in s. 2( b ) of the Canadian Charter of Rights and Freedoms . The majority of the Court of Appeal was of the same view, while the minority found that the impugned sections did indeed contravene s. 2( b ) of

  • 348.

    R. v. Paternak - [1996] 3 SCR 607 - 1996-11-08

    Supreme Court Judgments
    Constitutional law

    Constitutional law ‐‐ Charter of Rights ‐‐ Right to counsel ‐‐ Accused should have been rewarned of right to counsel when there was a substantial change in his jeopardy ‐‐ Canadian Charter of Rights and Freedoms, s. 10(b) . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 10 ( b ) .   [...]  1 Sopinka J. ‐‐ We are of the opinion that the appellant’s rights under s. 10( b ) of the Canadian Charter of Rights and Freedoms were violated in that the appellant should have been rewarned concerning his right to counsel when there was a substantial change in his jeopardy.

  • 349.

    R. v. Boersma - [1994] 2 SCR 488 - 1994-06-17

    Supreme Court Judgments
    Constitutional law

    ‐‐ Unreasonable search and seizure ‐‐ Cultivation of marihuana ‐‐ Plants cultivated in plain sight on Crown land ‐‐ No reasonable expectation of privacy ‐‐ Accused not entitled to protection of s. 8 of Canadian Charter of Rights and Freedoms . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 8 .   [...]  In these circumstances, we agree with Lambert J.A. of the British Columbia Court of Appeal that the appellants had no reasonable expectation of privacy with respect to the area on which marihuana was being cultivated and were thus not entitled to the protection of s. 8 of the Canadian Charter of Rights and Freedoms .

  • 350.

    R. v. Finn - [1997] 1 SCR 10 - 1997-01-30

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Constitutional law ‐‐ Charter of Rights ‐‐ Trial within reasonable time ‐‐ No violation of accused’s right to be tried within reasonable time ‐‐ Canadian Charter of Rights and Freedoms, s. 11(b) . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 11 ( b ) .   [...]  2 With respect to the alleged unreasonable delay, we agree with the reasons of Marshall J.A. in the Court of Appeal that no violation of s. 11( b ) of the Canadian Charter of Rights and Freedoms occurred. 3 The appeal is dismissed. Judgment accordingly.