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1,199 result(s)

  • 351.

    R. v. McKarris - [1996] 2 SCR 287 - 1996-06-14

    Supreme Court Judgments
    Constitutional law

    ‐‐ Exigent circumstances authorizing police to conduct search ‐‐ Search conducted in reasonable manner ‐‐ Court of Appeal’s judgment upheld ‐‐ Narcotic Control Act, R.S.C., 1985, c. N‐1, s. 10 ‐‐ Canadian Charter of Rights and Freedoms, s. 8 . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 8 .   [...]  Accordingly, we agree with the Court of Appeal that there was no breach of s. 8 of the Canadian Charter of Rights and Freedoms . 2 The appeal is therefore dismissed. Judgment accordingly.

  • 352.

    R. v. McIntyre - [1994] 2 SCR 480 - 1994-06-14

    Supreme Court Judgments
    Constitutional law

    inculpatory statements to undercover police officers after being released ‐‐ Whether accused's right to remain silent infringed -- If so, whether statements admissible ‐‐ Canadian Charter of Rights and Freedoms, ss. 7 , 24(2) . Cases Cited Referred to: R. v. Hebert, [1990] 2 S.C.R. 151; R. v. Broyles, [1991] 3 S.C.R. 595.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 24(2) . APPEAL from a judgment of the New Brunswick Court of Appeal (1993), 135 N.B.R. (2d) 266, 344 A.P.R. 266, dismissing the accused's appeal from his conviction for second degree murder.   [...]  Gonthier J. ‐‐ The appellant argues that his statements made to undercover police officers after he had been released but while he was still the subject of a murder charge are inadmissible under ss. 7 and 24(2) of the Canadian Charter of Rights and Freedoms . We share the view of the majority that the accused was not

  • 353.

    R. v. Yorke - [1993] 3 SCR 647 - 1993-10-15

    Supreme Court Judgments
    Criminal law

    ‐‐ Act (Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, s. 111) under which search effected constitutional and manner in which search conducted not unreasonable -- Evidence admissible -- Canadian Charter of Rights and Freedoms, s. 24(2) . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 24(2) .   [...]  Iacobucci J., dissenting, agrees with the conclusion of the trial judge that the manner in which the search was conducted was unreasonable and that, applying the factors relevant to s. 24(2) of the Canadian Charter of Rights and Freedoms , the evidence should be excluded. The appeal is accordingly dismissed, Iacobucci J.

  • 354.

    R. v. Van Haarlem - [1992] 1 SCR 982 - 1992-04-27

    Supreme Court Judgments
    Constitutional law

    ‐‐ Right to silence ‐‐ Evidence of accused's conversation with constable ‐‐ Court of Appeal's order to admit evidence not violating accused's s. 7 right to silence ‐‐ New trial properly ordered ‐‐ Canadian Charter of Rights and Freedoms, s. 7 . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 7 .   [...]  We agree with the British Columbia Court of Appeal that the appellant's right to silence under s. 7 of the Canadian Charter of Rights and Freedoms was not violated in this case, and that the Court of Appeal committed no error either in concluding that the appellant's conversation with Constable McGimpsey should have been

  • 355.

    R. v. Upston - [1988] 1 SCR 1083 - 1988-05-27

    Supreme Court Judgments
    Constitutional law

    and instruct counsel ‐‐ Appellant not informed of right on initial detention ‐‐ Evidence given voluntarily after being informed of right to counsel ‐‐ Evidence not obtained in manner breaching a Charter right within meaning of s. 24 ‐‐ Canadian Charter of Rights and Freedoms, ss. 10(b) , 24 . Statutes and Regulations Cited   [...]  Canadian Charter of Rights and Freedoms , ss. 10 ( b ) , 24 . APPEAL from a judgment of the British Columbia Court of Appeal (1987), 1 W.C.B. (2d) 221, allowing an appeal from a judgment of Wetmore Co. Ct. J. and setting aside an acquittal.   [...]  2. La Forest J.‐‐While there was a breach of s. 10( b ) of the Canadian Charter of Rights and Freedoms in that the appellant was not informed of his right to retain and instruct counsel when he was initially detained, the evidence adduced was not obtained as a result of that breach but, as the trial judge found, was

  • 356.

    R. v. Dutra - 2001 SCC 29 - [2001] 1 SCR 759 - 2001-05-16

    Supreme Court Judgments
    Constitutional 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 ) .   [...]  1 Iacobucci J. – This is an appeal as of right which raises questions under s. 11( b ) of the Canadian Charter of Rights and Freedoms dealing with unreasonable delay. These questions involve well-established principles as expressed in the governing jurisprudence.

  • 357.

    R. v. Patriquen - [1995] 4 SCR 42 - 1995-10-30

    Supreme Court Judgments
    Constitutional law

    Constitutional law ‐‐ Charter of Rights ‐‐ Unreasonable search and seizure ‐‐ Evidence -- Whether or not admission of evidence would bring the administration of justice into disrepute ‐‐ Canadian Charter of Rights and Freedoms, s. 8 . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 8 .   [...]  1 Lamer C.J. ‐‐ In view of the dispute as to the scope of the concession made by the Crown at trial as regards the existence of a violation of s. 8 of the Canadian Charter of Rights and Freedoms , and given the possible reliance by the accused on such concession when conducting their case, we feel this is not an appropriate

  • 358.

    R. v. Erickson - [1993] 2 SCR 649 - 1993-06-17

    Supreme Court Judgments
    Constitutional law

    of accused's right to be secure against unreasonable search and seizure ‐‐ Admission of results of blood‐alcohol analysis not bringing administration of justice into disrepute ‐‐ Canadian Charter of Rights and Freedoms, s. 24(2) . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) .   [...]  Lamer C.J. ‐‐ The Court of Appeal, as did the trial judge, found a violation of s. 8 of the Canadian Charter of Rights and Freedoms , but ordered a new trial on the basis that the trial judge misapplied the principles governing determination under s. 24(2).

  • 359.

    R. v. Hawkins - [1992] 3 SCR 463 - 1992-11-02

    Supreme Court Judgments
    Constitutional law

    Constitutional law ‐‐ Charter of Rights ‐‐ Section 11(b) right to trial within reasonable time ‐‐ Three‐year delay and recantation of Crown witness ‐‐ Court of Appeal setting aside stay of proceedings ‐‐ Principles enunciated in R. v. Morin applied ‐‐ No unreasonable delay ‐‐ Canadian Charter of Rights and Freedoms, s.   [...]  Canadian Charter of Rights and Freedoms , s. 11 ( b ) . APPEAL from a judgment of the Ontario Court of Appeal (1991), 6 O.R. (3d) 724, 52 O.A.C. 114, allowing an appeal from a judgment of Lesage J. and setting aside stay of proceedings and remitting proceedings to trial.   [...]  Based on those principles, there was no unreasonable delay within the meaning of s. 11( b ) of the Canadian Charter of Rights and Freedoms . Accordingly, the appeals are dismissed. In the circumstances an order should go expediting the trial.

  • 360.

    Canada (Attorney General) v. JTI-Macdonald Corp. - 2007 SCC 30 - [2007] 2 SCR 610 - 2007-06-28

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 7 . Food and Drugs Act , R.S.C. 1985, c. F‐27 , s. 5(1) .   [...]  whole or in part or through their combined effect, infringe s. 2( b ) 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 ?   [...]   governing the size of the mandatory messages infringe s. 2( b ) 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 ?

  • 361.

    Law v. Canada (Minister of Employment and Immigration) - [1999] 1 SCR 497 - 1999-03-25

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) , (2) . Authors Cited Canada.   [...]  2. If so, can this infringement be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? VI. Analysis A. Approach to s. 15(1) 21 Subsection 15(1) of the Charter states as follows:   [...]  Q. 2: If so, can this infringement be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? A.: In view of the answer to Question 1, it is not necessary to answer this question.

  • 362.

    Kourtessis v. M.N.R. - [1993] 2 SCR 53 - 1993-04-22

    Supreme Court Judgments
    Courts
    Taxation

    Canadian Charter of Rights and Freedoms , ss. 7 , 8 , 15 , 24(1) . Constitution Act, 1867 , ss. 91(3) , (27) , 96 .   [...]  La Forest J. -- The substantive question to be resolved in this appeal, i.e., whether s. 231.3 of the Income Tax Act, as amended by S.C. 1986, c. 6, violates s. 8 of the Canadian Charter of Rights and Freedoms , has already been determined in favour of the appellants.   [...]  In the first decision, Baron v. Canada, [1993] 1 S.C.R. 416, I concluded that s. 231.3 ITA and the search warrants issued under the authority of that section violated s. 8 of the Canadian Charter of Rights and Freedoms and were of no force or effect. The present appeal raises the identical substantive issue.

  • 363.

    Reference re Bill 30, An Act to Amend the Education Act (Ont.) - [1987] 1 SCR 1148 - 1987-06-25

    Supreme Court Judgments
    Constitutional law

    Is Bill 30, An Act to amend the Education Act inconsistent with the provisions of the Constitution of Canada including the Canadian Charter of Rights and Freedoms and, if so, in what particular or particulars and in what respect?   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 15 , 15(1) , 29 . Constitution Act, 1867 , ss. 91 , 91(24) , 92 , 92(10) , 93(1) , (2) , (3) , (4) .   [...]  Section 15 (equality) and s. 2(a) (freedom of conscience and religion) of the Canadian Charter of Rights and Freedoms had been advanced by those opposing the constitutionality of the Bill.

  • 364.

    R. v. Sawyer - [1992] 3 SCR 809 - 1992-12-02

    Supreme Court Judgments
    Constitutional law

    and seasonal employment as hunting guides involving use of hunting rifles ‐‐ Whether mandatory prohibition cruel and unusual punishment ‐‐ Criminal Code, R.S.C., 1985, c. C‐46, s. 100 ‐‐ Canadian Charter of Rights and Freedoms, s. 12 . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 12 .   [...]  Lamer C.J. ‐‐ We are all of the view that s. 100 of the Criminal Code , R.S.C., 1985, c. C‐46 , does not offend s. 12 of the Canadian Charter of Rights and Freedoms . Assuming without deciding the availability of constitutional exemptions, we do not feel that this is a proper case where one should be granted.

  • 365.

    R. v. Dairy Supplies Ltd. - [1988] 1 SCR 665 - 1988-05-02

    Supreme Court Judgments
    Constitutional law

    admission of evidence would bring the administration of justice into disrepute ‐‐ No error in the Court of Appeal's exercise of its jurisdiction to review trial judge's finding under s. 24(2) of the Charter ‐‐ Appeal as of right ‐‐ Canadian Charter of Rights and Freedoms, s. 24(2) ‐‐ Combines Investigation Act. Cases Cited   [...]  Canadian Charter of Rights and Freedoms , s. 24(2) . APPEAL from a judgment of the Manitoba Court of Appeal (1987), 44 Man. R. (2d) 275, 39 D.L.R. (4th) 54, allowing an appeal from the appellant's acquittal on charges under s. 38 of the Combines Investigation Act, and ordering a new trial.   [...]   in R. v. Collins, [1987] 1 S.C.R. 265, R. v. Sieben, [1987] 1 S.C.R. 295, R. v. Hamill, [1987] 1 S.C.R. 301, we find no error in the court below in exercising its jurisdiction to review the judge's finding under s. 24(2) of the Canadian Charter of Rights and Freedoms . 3. The appeal is dismissed. Judgment accordingly.

  • 366.

    R. v. Keshane - [1996] 3 SCR 413 - 1996-10-11

    Supreme Court Judgments
    Constitutional law

    of trafficking ‐‐ Trial judge finding that warrantless search of accused’s car violated s. 8 of Canadian Charter of Rights and Freedoms ‐‐ Trial judge excluding marijuana found by police from evidence ‐‐ Court of Appeal correct in directing that evidence be admitted ‐‐ Canadian Charter of Rights and Freedoms, s. 24(2) .   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . APPEAL from a judgment of the Saskatchewan Court of Appeal (1995), 134 Sask.

  • 367.

    R. v. Dewald - [1996] 1 SCR 68 - 1996-01-26

    Supreme Court Judgments
    Constitutional law
    Evidence

    for breath sample not made in accordance with Criminal Code and infringing appellant's Charter rights ‐‐ Admission of evidence obtained as result of infringement not bringing administration of justice into disrepute ‐‐ Canadian Charter of Rights and Freedoms, s. 24(2) ‐‐ Criminal Code, R.S.C., 1985, c. C‐46, s. 254(2) .   [...]  Canadian Charter of Rights and Freedoms , s. 24(2) . Criminal Code , R.S.C., 1985, c. C‐46 , s. 254(2) .   [...]  As a result, there occurred a breach of the appellant's rights under the Canadian Charter of Rights and Freedoms . 2 In the circumstances, the case of Rilling v. The Queen, [1976] 2 S.C.R. 183, has no application.

  • 368.

    R. v. Knox - [1996] 3 SCR 199 - 1996-10-03

    Supreme Court Judgments
    Criminal law

    ‐‐ Canadian Charter of Rights and Freedoms, ss. 7 , 8 , 24(2) ‐‐ Criminal Code, R.S.C., 1985, c. C‐46, ss. 253 (b), 254(3) , (4) , (5) , 255(1) , (2) , 691(2) (a).   [...]  The taking of the sample absent these assurances would contravene ss. 7 and 8 of the Canadian Charter of Rights and Freedoms . If a demand is not validly made in this manner, the accused cannot be convicted under s. 254(5) for having failed to comply with this demand.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 8 , 24(2) . Criminal Code , R.S.C., 1985, c. C‐46 [am. c. 27 (1st Supp.), s. 36], ss. 253(b) [rep.

  • 369.

    R. v. Vermette - [1988] 1 SCR 985 - 1988-05-26

    Supreme Court Judgments
    Constitutional law

    A new trial was ordered but, before a date was fixed, the respondent brought two motions: one to quash the information and to have the accused set free, and the second, based on s. 24(1) of the Canadian Charter of Rights and Freedoms , to stay the pending proceedings and any other proceedings that might be laid against the   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 11( d ) , 24(1) . Criminal Code, R.S.C. 1970, c. C‐34, s. 605(1)(c).   [...]  The first sought to quash the information against him, the second sought a stay of proceedings or to quash the information under s. 24(1) of the Canadian Charter of Rights and Freedoms , which empowers a court of competent jurisdiction to accord such remedy as the court considers appropriate and just in the circumstances.

  • 370.

    R. v. Sanghera - 2015 SCC 13 - [2015] 1 SCR 691 - 2015-03-23

    Supreme Court Judgments
    Constitutional law

    caused by direct indictment — Overall delay found reasonable — Majority of Court of Appeal did not err in concluding that trial judge failed to attribute sufficient delay to accused — Canadian Charter of Rights and Freedoms, s. 11(b) . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 11( b ) .   [...]   the five-month delay caused by the Crown’s preferment of a direct indictment, which was not considered by the trial judge, established an unreasonable delay in violation of s. 11( b ) of the Canadian Charter of Rights and Freedoms . [2] MacKenzie J.A., for the majority of the British Columbia Court of Appeal, concluded:

  • 371.

    R. v. Slaney - [1993] 2 SCR 228 - 1993-04-30

    Supreme Court Judgments
    Constitutional law

    not unreasonable ‐‐ Substantial part of delay after committal explained or waived ‐‐ Balance of delay after committal not unreasonable ‐‐ Stay of proceedings not justified ‐‐ 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 Newfoundland Court of Appeal (1992), 99 Nfld.   [...]  In our opinion, applying 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 pursuant to the provisions of s. 11( b ) of the Canadian Charter of Rights and Freedoms . In this respect, we are in

  • 372.

    Sauvé v. Canada (Attorney General) - [1993] 2 SCR 438 - 1993-05-27

    Supreme Court Judgments
    Constitutional law

    Constitutional law ‐‐ Charter of Rights ‐‐ Right to vote ‐‐ Prisoners ‐‐ Canada Elections Act provision disqualifying prisoners from voting unconstitutional ‐‐ Canada Elections Act, R.S.C., 1985, c. E-2, s. 51(e) ‐‐ Canadian Charter of Rights and Freedoms, ss. 1 , 3 . Statutes and Regulations Cited Canada Elections Act,   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 3 . APPEAL from a judgment of the Ontario Court of Appeal (Sauvé v. Canada (Attorney General)) (1992), 7 O.R. (3d) 481, 89 D.L.R. (4th) 644, 55 O.A.C. 219, allowing an appeal from a judgment of Van Camp J. (1988), 66 O.R. (2d) 234, 53 D.L.R. (4th) 595, dismissing an   [...]  The Attorney General of Canada has properly conceded that s. 51(e) of the Canada Elections Act, R.S.C., 1985, c. E-2, contravenes s. 3 of the Canadian Charter of Rights and Freedoms but submits that s. 51(e) is saved under s. 1 of the Charter .

  • 373.

    R. v. Omar - 2019 SCC 32 - [2019] 2 SCR 576 - 2019-05-22

    Supreme Court Judgments

    — Dissenting judge holding that there was no error in trial judge’s assessment of seriousness of state conduct that would justify appellate intervention — Convictions restored — Canadian Charter of Rights and Freedoms, s. 24(2) . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 24(1) , (2) .   [...]  It may be that consideration should be given to the availability, under s. 24(1) of the Canadian Charter of Rights and Freedoms , of remedies other than exclusion of evidence when dealing with s. 24(2), but the majority would leave this question for another day.

  • 374.

    Plantation Indoor Plants Ltd. v. A.G. (Alta.) - [1985] 1 SCR 366 - 1985-04-24

    Supreme Court Judgments
    Constitutional law
    Sale

    Constitutional law ‐‐ Canadian Charter of Rights and Freedoms ‐‐ Freedom of conscience and religion ‐‐ Lord’s Day Act and Sunday observance ‐‐ Injunction restraining sale of goods contrary to Act ‐‐ Injunction invalid given unconstitutionality of Lord’s Day Act ‐‐ Lord’s Day Act, R.S.C. 1970, c. L‐13, s. 4.   [...]  2. This Court, by a judgment given this day, April 24, 1985, in R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, has held that the Lord’s Day Act is unconstitutional by reason of its infringement of the ‘freedom of religion’ provisions of the Canadian Charter of Rights and Freedoms (Part 1 of the Constitution Act, 1982 , as  [...]  It will be apparent then that the injunction granted January 27, 1982, resting as it did upon the Lord’s Day Act prohibition of Sunday sales in s. 4 could have been a valid injunction only until April 17, 1982 when the Canadian Charter of Rights and Freedoms came into effect. Since the injunction cannot now be supported in

  • 375.

    Symes v. Canada - [1993] 4 SCR 695 - 1993-12-16

    Supreme Court Judgments
    Constitutional law
    Taxation

    Canadian Charter of Rights and Freedoms , ss. 1 , 15 , 28 , 32 . Constitution Act, 1982 , s. 52(1) .   [...]  1.Canadian Charter of Rights and Freedoms, ss. 1, 15 and 32 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.   [...]   s. 15 of the Canadian Charter of Rights and Freedoms ? 2. To the extent that the above sections of the Income Tax Act infringe or deny the rights and freedoms guaranteed by s. 15 of the Canadian Charter of Rights and Freedoms , are these sections justified by s. 1 of the Canadian Charter of Rights and Freedoms and