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1,199 result(s)

  • 26.

    Reference re Same-Sex Marriage - 2004 SCC 79 - [2004] 3 SCR 698 - 2004-12-09

    Supreme Court Judgments
    Constitutional law
    Courts

    2. If the answer to question 1 is yes, is section 1 of the proposal, which extends capacity to marry to persons of the same sex, consistent with the Canadian Charter of Rights and Freedoms ? If not, in what particular or particulars, and to what extent?   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 15(1) . Constitution Act, 1867 , ss. 91 , 91(26) , 92 , 92(12) , 92(13) .   [...]  . . . WHEREAS, in order to reflect values of tolerance, respect and equality consistent with the Canadian Charter of Rights and Freedoms , access to marriage for civil purposes should be extended to couples of the same sex;

  • 27.

    Professional Institute of the Public Service of Canada v. Northwest Territories (Commissioner) - [1990] 2 SCR 367 - 1990-08-16

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( d ) , 15(1) . Labour Code, R.S.B.C. 1979, c. 212, s. 43.   [...]  infringe the freedom of association guaranteed by s. 2( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2.If the answer to question 1 is in the affirmative, can s. 42(1) of the Public Service Act, R.S.N.W.T. 1974, c. P-13, as amended, be justified under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  as amended, infringe the freedom of association guaranteed by s. 2( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is in the affirmative, can s. 42(1) of the Public Service Act, R.S.N.W.T. 1974, c. P-13, as amended, be justified under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 28.

    Dywidag Systems International, Canada Ltd. v. Zutphen Brothers Construction Ltd. - [1990] 1 SCR 705 - 1990-03-29

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) . Crown Liability Act, R.S.C. 1970, c. C‐38, s. 7(1).   [...]  1.Are s. 17(1) and (2) of the Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, as amended, and s. 7(1) of the Crown Liability Act, R.S.C. 1970, c. C-38, as amended, consistent with ss. 7 and 15 of the Canadian Charter of Rights and Freedoms in so far as they confer exclusive jurisdiction in the Federal Court in relation   [...]  3.If s. 17(1) and (2) of the Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, as amended, and s. 7(1) of the Crown Liability Act, R.S.C. 1970, c. C-38, as amended, or both, are inconsistent either with s. 7 or s. 15 of the Canadian Charter of Rights and Freedoms , are they a reasonable limit within the meaning of s. 1 of

  • 29.

    Mckinney v. University of Guelph - [1990] 3 SCR 229 - 1990-12-06

    Supreme Court Judgments
    Constitutional law

    "Enforcement of the Canadian Charter of Rights and Freedoms ", in Gérald-A. Beaudoin and Ed Ratushny, eds. The Canadian Charter of Rights and Freedoms , 2nd ed.   [...]  "Application of the Canadian Charter of Rights and Freedoms ," in Walter S. Tarnopolsky and Gérald-A. Beaudoin, eds., The Canadian Charter of Rights and Freedoms ‐‐ Commentary.   [...]  See Tassé, "Application of the Canadian Charter of Rights and Freedoms ", in Beaudoin and Ratushny (eds.) The Canadian Charter of Rights and Freedoms (2nd ed. 1989), at p. 97 and 77 respectively.

  • 30.

    Harper v. Canada (Attorney General) - 2004 SCC 33 - [2004] 1 SCR 827 - 2004-05-18

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d), 3 . International Covenant on Civil and Political Rights, Can. T.S. 1976 No. 47.   [...]   , 359 , 360 and 362 of the Canada Elections Act , S.C. 2000, c. 9 , infringe s. 3 of the Canadian Charter of Rights and Freedoms ? 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 ?   [...]   , 359 and 362 of the Canada Elections Act , S.C. 2000, c. 9 , infringe s. 2( d ) of the Canadian Charter of Rights and Freedoms ? 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 ?

  • 31.

    Del Zotto v. Canada - [1999] 1 SCR 3 - 1999-01-21

    Supreme Court Judgments
    Constitutional law
    Taxation

    Taxation -- Income tax -- Inquiry -- Whether s. 231.4 of Income Tax Act constitutional -- Canadian Charter of Rights and Freedoms, ss. 7 , 8 . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , ss. 7 , 8 .   [...]  1. Does s. 231.4 of the Income Tax Act, R.S.C. 1952, c. 148, as amended, restrict rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? The answer is no. 2. If so, can these restrictions be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms   [...]   s. 231.4 of the Income Tax Act, R.S.C. 1952, c. 148, as amended, restrict the right guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms ? The answer is no. 4. If so, can these restrictions be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 32.

    R. v. Swain - [1991] 1 SCR 933 - 1991-05-02

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 9 , 11( d ) , 12 , 15(1) , (2) , 24(1) , 32 .   [...]  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.   [...]  Question 2:Do the common law criteria, enunciated by the Ontario Court of Appeal, permitting the Crown to adduce evidence of an accused's insanity, violate ss. 7 , 9 , and 15 of the Canadian Charter of Rights and Freedoms ? Answer:Yes, the common law criteria limit s. 7 of the Canadian Charter of Rights and Freedoms .

  • 33.

    Lavigne v. Ontario Public Service Employees Union - [1991] 2 SCR 211 - 1991-06-27

    Supreme Court Judgments
    Constitutional law

    "Application of the Canadian Charter of Rights and Freedoms ". In Walter S. Tarnopolsky and Gérald‐A. Beaudoin, The Canadian Charter of Rights and Freedoms .   [...]  The 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.   [...]  Some support in the academic literature for this position may be found in Swinton, "Application of the Canadian Charter of Rights and Freedoms ", in Tarnopolsky and Beaudoin, The Canadian Charter of Rights and Freedoms (1982), at p. 41.

  • 34.

    R. v. Kapp - 2008 SCC 41 - [2008] 2 SCR 483 - 2008-06-27

    Supreme Court Judgments
    Constitutional law
    Fishery

    “Canadian Charter of Rights and Freedoms : The Challenge of the Individual and Collective Rights of Aboriginal People” (2002), 21 Windsor Y.B. Access Just. 431.   [...]  ”, in Sheila McIntyre and Sanda Rodgers, eds., Diminishing Returns: Inequality and the Canadian Charter of Rights and Freedoms. Markham, Ont.: LexisNexis Butterworths, 2006, 135.   [...]  Wildsmith, Bruce H. Aboriginal Peoples & Section 25 of the Canadian Charter of Rights and Freedoms. Saskatoon: University of Saskatchewan Native Law Centre, 1988.

  • 35.

    Canada (Minister of Employment and Immigration) v. Chiarelli - [1992] 1 SCR 711 - 1992-03-26

    Supreme Court Judgments
    Administrative law
    Constitutional law
    Immigration

    Canadian Charter of Rights and Freedoms , ss. 1 , 6(1) , (2)( a ) , (b), 7 , 12 , 15(1) .   [...]  Canadian Charter of Rights and Freedoms 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.   [...]  1.Subparagraph 27(1)(d)(ii) and subsection 32(2) of the Immigration Act, 1976 do not infringe section 7 , 12 or 15 of the Canadian Charter of Rights and Freedoms . 2.Sections 82.1 and 83 of the Immigration Act, 1976 do not infringe section 12 or 15 of the Canadian Charter of Rights and Freedoms .

  • 36.

    R. v. Ratti - [1991] 1 SCR 68 - 1991-01-25

    Supreme Court Judgments
    Constitutional law
    Criminal law

    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.   [...]  1.Is s. 16(4) of the Criminal Code inconsistent with s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is yes, is s. 16(4) justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  1.Is s. 16(4) of the Criminal Code inconsistent with s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is yes, is s. 16(4) justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 37.

    R. v. Thomsen - [1988] 1 SCR 640 - 1988-04-28

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 10 . Criminal Code, R.S.C. 1970, c. C‐34, art. 234.1 [en. 1974‐75‐76, c. 93, s. 15], 235 [rep.   [...]  3. If s. 234.1 of the Criminal Code of Canada violates the right to counsel and the right to be informed thereof, contrary to s. 10( b ) of the Canadian Charter of Rights and Freedoms , is s. 234.1, as applied, justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the   [...]  3. If s. 234.1 of the Criminal Code of Canada violates the right to counsel and the right to be informed thereof, contrary to s. 10( b ) of the Canadian Charter of Rights and Freedoms , is s. 234.1, as applied, justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the

  • 38.

    Canada (Attorney General) v. Hislop - 2007 SCC 10 - [2007] 1 SCR 429 - 2007-03-01

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) , 24(1) . Constitution Act, 1982 , s. 52(1) .   [...]  3. Does s. 72(2) of the Canada Pension Plan , R.S.C. 1985, c. C‐8 , infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? 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  [...]  5. Does s. 60(2) of the Canada Pension Plan , R.S.C. 1985, c. C‐8 , infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? 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

  • 39.

    Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) - 2004 SCC 4 - [2004] 1 SCR 76 - 2004-01-30

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 12 , 15(1) . Child and Family Services Act, R.S.O. 1990, c. C.11, s. 1(a).   [...]   c. C‐46 , infringe the rights of children under s. 7 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 within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   c. C‐46 , infringe the rights of children under s. 12 of the Canadian Charter of Rights and Freedoms ? Answer: No. 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 40.

    R. v. Morgentaler - [1988] 1 SCR 30 - 1988-01-28

    Supreme Court Judgments
    Constitutional law
    Criminal law

    of the Canadian Charter of Rights and Freedoms ? 2. If section 251 of the Criminal Code of Canada infringes or denies the rights and freedoms guaranteed by ss. 2( a ) , 7 , 12 , 15 , 27 and 28 of the Canadian Charter of Rights and Freedoms , is s. 251 justified by s. 1 of the Canadian Charter of Rights and Freedoms and   [...]  In The Canadian Charter of Rights and Freedoms : Commentary. Edited by Walter S. Tarnopolsky and Gérald-A. Beaudoin.   [...]  The Canadian Charter of Rights and Freedoms 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject

  • 41.

    Nguyen v. Quebec (Education, Recreation and Sports) - 2009 SCC 47 - [2009] 3 SCR 208 - 2009-10-22

    Supreme Court Judgments
    Constitutional law
    Education law

    Canadian Charter of Rights and Freedoms , ss. 1 , 23 . Charter of the French language, R.S.Q., c. C‐11, ss. 72, 73, 81, 85, 85.1.   [...]   s. 73 of the Charter of the French language, R.S.Q., c. C‐11, infringe s. 23(2) 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 ?   [...]  (1) Canadian Charter of Rights and Freedoms Minority Language Educational Rights 23. (1) Citizens of Canada

  • 42.

    Ruby v. Canada (Solicitor General) - 2002 SCC 75 - [2002] 4 SCR 3 - 2002-11-21

    Supreme Court Judgments
    Access to information
    Civil procedure
    Constitutional law

    ) of the Canadian Charter of Rights and Freedoms ? 2. If the answer to Question 1 is in the affirmative, are ss. 51(2) (a) and 51(3) of the Privacy Act reasonable limits, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   by s. 7 of the Canadian Charter of Rights and Freedoms ? 4. If the answer to Question 3 is in the affirmative, is s. 51(3) of the Privacy Act a reasonable limit, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to s. 1 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.

  • 43.

    R. v. Lee - [1989] 2 SCR 1384 - 1989-12-21

    Supreme Court Judgments
    Constitutional law

    He held that s. 526.1 did not violate s. 11( f ) of the Canadian Charter of Rights and Freedoms and ruled that the appellant was no longer entitled to a jury trial.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 10( b ) , 11( f ) . Criminal Code, R.S.C. 1970, c. C-34, as am., ss. 133, 429, 431.1, 526.1, 738(3)(a).   [...]  1.Does s. 526.1(1)(a) of the Criminal Code infringe or deny the right to trial by jury guaranteed by s. 11( f ) of the Canadian Charter of Rights and Freedoms ? 2.If so, then is s. 526.1(1)(a) of the Criminal Code justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms , and therefore not inconsistent

  • 44.

    Canada (human Rights Commission) v. Taylor - [1990] 3 SCR 892 - 1990-12-13

    Supreme Court Judgments
    Administrative law
    Constitutional law

    Relying on the Canadian Charter of Rights and Freedoms , the appellants argued that s. 13(1) of the Act violated s. 2( b ) of the Charter , and that the Tribunal's order was of no effect.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 15 , 24(1) , 27 . Canadian Human Rights Act, S.C. 1976‐77, c. 33, ss. 2 [rep.   [...]  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.

  • 45.

    R. v. S. (G.) - [1990] 2 SCR 294 - 1990-06-28

    Supreme Court Judgments
    Appeal
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 306(1)(b), 312 [am. 1972, c. 13, s. 27; rep.   [...]  Conv. 5702‐04, granting a stay of proceedings under s. 24 of the Canadian Charter of Rights and Freedoms . Appeal dismissed. Frank Addario, for the appellant.   [...]   7 or s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2.If the admission criteria set out in the Alternative Measures Program designated by the Attorney General for the province of Ontario are inconsistent either with s. 7 or s. 15(1) of the Canadian Charter of Rights and Freedoms , whether that

  • 46.

    Douglas/kwantlen Faculty Assn. v. Douglas College - [1990] 3 SCR 570 - 1990-12-06

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) , 24(1) , 32 . Canadian Human Rights Act, S.C. 1976‐77, c. 33.   [...]  "Enforcement of the Canadian Charter of Rights and Freedoms ," in W. S. Tarnopolsky and G.-A. Beaudoin, eds., The Canadian Charter of Rights and Freedoms : Commentary.   [...]  Thus Gibson in "Enforcement of the Canadian Charter of Rights and Freedoms ", in Tarnopolsky and Beaudoin, eds., The Canadian Charter of Rights and Freedoms : Commentary (1982), at p. 501, states:

  • 47.

    Slaight Communications Inc. v. Davidson - [1989] 1 SCR 1038 - 1989-05-04

    Supreme Court Judgments
    Constitutional law
    Labour law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) . Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 52(d).   [...]  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.   [...]  It now remains to assess in light of the Canadian Charter of Rights and Freedoms the part of the order we have found to be not unreasonable in terms of the rules of administrative law.

  • 48.

    R. v. Cornell - [1988] 1 SCR 461 - 1988-03-24

    Supreme Court Judgments
    Constitutional law
    Criminal law

    The judge ordered a stay of proceedings on the ground that s. 234.1 infringed both the Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms and hence was inoperative. The Ontario Court of Appeal allowed the appeal from this judgment, vacated the stay of proceedings and ordered a new trial.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 11( g ) , 15 , 32(2) . Criminal Code, R.S.C. 1970, c. C‐34, s. 234.1(1), (2), (3), (4) [as enacted by S.C. 1974‐75‐76, c. 93, ss. 15, 102(3)].   [...]  by s. 7 of the Canadian Charter of Rights and Freedoms ? 2. If the non‐universal proclamation and application of s. 234.1 infringes or denies the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms , is s. 234.1 justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore

  • 49.

    R. v. Bain - [1992] 1 SCR 91 - 1992-01-23

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Evidence

    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.   [...]  In my view, so far as the issue before me is concerned, the Canadian Charter of Rights and Freedoms gives to every citizen the right to a fair trial.   [...]  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.

  • 50.

    New Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House of Assembly) - [1993] 1 SCR 319 - 1993-01-21

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 5 , 12 , 17 , 18 , 24(1) , 32(1) , 33 .   [...]  "Application of the Canadian Charter of Rights and Freedoms ". In Walter S. Tarnopolsky and Gérald‐A. Beaudoin, eds., The Canadian Charter of Rights and Freedoms : Commentary.   [...]  See, for example, K. Swinton, "Application of the Canadian Charter of Rights and Freedoms ", in W. S. Tarnopolsky and G.-A. Beaudoin, eds., The Canadian Charter of Rights and Freedoms : Commentary (1982), 41; A. A. McLelland and B. P. Elman, "To Whom Does the Charter Apply?