Advanced Search

Syntax: "", OR, AND, EXACT(), /p, /s, /n
(YYYY or YYYY-MM or YYYY-MM-DD)
Sort by: Relevance Date

1,199 result(s)

  • 76.

    R. v. Mannion - [1986] 2 SCR 272 - 1986-10-09

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 13 . Criminal Code, R.S.C. 1970, c. C‐34, s. 613(1)(b)(iii).   [...]  given at a previous trial on the same charge infringes or denies the right guaranteed in s. 13 of the Canadian Charter of Rights and Freedoms ? 2. If so, is such cross‐examination justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms and, therefore, not inconsistent with the Constitution Act, 1982 ?   [...]   at a previous trial on the same charge infringes or denies the right guaranteed in s. 13 of the Canadian Charter of Rights and Freedoms ? Yes. 2. If so, is such cross‐examination justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms and, therefore, not inconsistent with the Constitution Act, 1982 ?

  • 77.

    R. v. Dersch - [1993] 3 SCR 768 - 1993-10-21

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 24 , 32(1) . Criminal Code , R.S.C., 1985, c. C‐46 , ss. 254 [rep.   [...]  II.Relevant Provisions of 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.   [...]  I do, however, find that the case at hand raises particular points, with regard to the exclusion of evidence through the application of s. 24(2) of the Canadian Charter of Rights and Freedoms , that necessitate further comment, particularly since they were raised and discussed at length before us.

  • 78.

    R. v. Turpin - [1989] 1 SCR 1296 - 1989-05-04

    Supreme Court Judgments
    Constitutional law
    Criminal law

    The trial judge granted the motion holding that the effect of s. 11( f ) of the Canadian Charter of Rights and Freedoms was to allow an accused to elect whether to be tried by a judge and jury or by a judge alone.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( f ) , 15 , 24(1) . Commonwealth of Australia Constitution Act, s. 80.   [...]  The Canadian Charter of Rights and Freedoms 11. Any person charged with an offence has the right

  • 79.

    R. v. Jones - [1986] 2 SCR 284 - 1986-10-09

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 7 , 24 . Constitution Act, 1867 , s. 96 .   [...]  In The Canadian Charter of Rights and Freedoms : Commentary. Edited by Walter S. Tarnopolsky and Gérald‐A. Beaudoin.   [...]  Answer: Sections 142, 143 and 180 of the School Act, R.S.A. 1980, c. 3, are not inconsistent with s. 2( a ) of the Canadian Charter of Rights and Freedoms . Those sections are, however, inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms and therefore of no force and effect to the extent of the

  • 80.

    R. v. Naglik - [1993] 3 SCR 122 - 1993-09-09

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( c ) , 24(1) . Criminal Code, R.S.C. 1970, c. C‐34, s. 197.   [...]  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.   [...]  Whether one relies on the common law, the Canada Evidence Act or the Canadian Charter of Rights and Freedoms , there exists no rule of law prohibiting such comment.

  • 81.

    R. v. Schwartz - [1988] 2 SCR 443 - 1988-12-08

    Supreme Court Judgments
    Constitutional law
    Courts
    Criminal law

    "The Role of the Accused in the Criminal Process," in Gérald‐A. Beaudoin and Walter Surma Tarnopolsky, eds., The Canadian Charter of Rights and Freedoms : Commentary. Toronto: Carswells, 1982. Stuart, Donald.   [...]  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.   [...]  72. Beetz J.‐‐Given the dates of the pre‐Charter trial and the post‐Charter summary conviction appeal, I assume without deciding that the Canadian Charter of Rights and Freedoms applies to this case, and I agree with Justice McIntyre.

  • 82.

    R. v. Milne - [1987] 2 SCR 512 - 1987-11-19

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 9 , 11 , 12 , 24(1) . Criminal Code, R.S.C. 1970, c. C‐34, Part XXI, ss. 157, 617, 687(b) [rep.   [...]   guaranteed by ss. 7, 9, 11 and/or 12 of the Canadian Charter of Rights and Freedoms ? 2. If so, then are the provisions of Part XXI of the Criminal Code , in whole or in part, justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  27. Estey J. (dissenting)‐‐The issue in this appeal is whether the continued detention of the appellant violates a right guaranteed to him under the Canadian Charter of Rights and Freedoms to be protected against cruel and unusual punishment (s. 12).

  • 83.

    Delisle v. Canada (Deputy Attorney General) - [1999] 2 SCR 989 - 1999-09-02

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d), 15(1) , 32(1) . Code of Conduct, SOR/88-361, Part III, ss. 39 [am.   [...]  Like them, I believe that s. 2( d ) of the Canadian Charter of Rights and Freedoms protects RCMP members against any interference by management in the establishment of an employee association.   [...]  54 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.

  • 84.

    R. v. Furtney - [1991] 3 SCR 89 - 1991-09-26

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( g ) , 15 . Constitution Act, 1867 , ss. 92(7) , (9) , (13) .   [...]  Canadian Charter of Rights and Freedoms 11. Any person charged with an offence has the right   [...]   c. C‐46 , infringe or deny the rights guaranteed under ss. 7 or 11( g ) of the Canadian Charter of Rights and Freedoms ? If so, is such non‐publication a reasonable limit prescribed by law demonstrably justified in a free and democratic society and thereby saved by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 85.

    R. v. Keegstra - [1990] 3 SCR 697 - 1990-12-13

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 8 , 11 (d ) , 15 , 16 to 23 , 25 , 27 , 28 , 29 .   [...]  In Gérald‐A. Beaudoin and Ed Ratushny eds., The Canadian Charter of Rights and Freedoms . Toronto: Carswells, 1989, 195. Berlin, Isaiah.   [...]  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.

  • 86.

    R. v. Therens - [1985] 1 SCR 613 - 1985-05-23

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 10 , 24 . Constitution Act, 1982 , s. 52 .   [...]   10 of the Canadian Charter of Rights and Freedoms ? (2) Did the court err in law in holding that it had a power to exclude evidence under subsection (1) of Section 24 of the Canadian Charter of Rights and Freedoms whether or not admitting the evidence in question would bring the administration of justice into disrepute?   [...]  The suggestion of opinion polls (see D. Gibson, "Determining Disrepute: Opinion Polls and the Canadian Charter of Rights and Freedoms " (1983), 61 Can. Bar Rev. 377) encounters, in my opinion, two fatal objections.

  • 87.

    Divito v. Canada (Public Safety and Emergency Preparedness) - 2013 SCC 47 - [2013] 3 SCR 157 - 2013-09-19

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 6 , 32 , 33 . International Transfer of Offenders Act , S.C. 2004, c. 21, ss. 3 , 8 , 10(1) , (2) , 11(2) , 31 .   [...]  [1] ABELLA J. — Mobility rights are protected by s. 6 of the Canadian Charter of Rights and Freedoms . These include the right in s. 6(1) of every citizen to enter, remain in, and leave Canada.   [...]   of Offenders Act , S.C. 2004, c. 21 , infringe the right guaranteed by s. 6(1) of the Canadian Charter of Rights and Freedoms ? (2) If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 88.

    R. v. Ladouceur - [1990] 1 SCR 1257 - 1990-05-31

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 9 , 24(1) , (2) . Compulsory Automobile Insurance Act, R.S.O. 1980, c. 83, s. 3(1).   [...]  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. 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.

  • 89.

    R. v. Duarte - [1990] 1 SCR 30 - 1990-01-25

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 1 , 8 , 24(2) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 178.1, 178.11(1), (2)(a), 178.12(1), 178.13(1), (2)(e), 178.16(1)(a), (b), 178.22(1), 178.23(1).   [...]  LA FOREST J. -- This appeal is concerned with the protection accorded by s. 8 of the Canadian Charter of Rights and Freedoms against electronic recording of the conversations of individuals with the police and informers in the absence of judicial authorization.   [...]  Consequently, I need not address the issue as to whether the evidence should be excluded under s. 24(2) of the Canadian Charter of Rights and Freedoms , and I would dismiss this appeal. Appeal dismissed.

  • 90.

    Osborne v. Canada (Treasury Board) - [1991] 2 SCR 69 - 1991-06-06

    Supreme Court Judgments
    Constitutional law

    ‐‐ Canadian Charter of Rights and Freedoms, s. 2(b) ‐‐ Public Service Employment Act, R.S.C., 1985, c. P‐33, s. 33 .   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d), 24(1) . Constitution Act, 1982 , s. 52(1) .   [...]  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.

  • 91.

    R. v. Finlay - [1993] 3 SCR 103 - 1993-09-09

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Criminal law ‐‐ Mens rea ‐‐ Criminal Code prohibiting storing of firearms or ammunition "in a careless manner" ‐‐ Whether offence satisfies minimum fault requirements under s. 7 of Canadian Charter of Rights and Freedoms ‐‐ Criminal Code, R.S.C., 1985, c. C‐46, s. 86(2) .   [...]  He was granted a stay of proceedings in Provincial Court, on the basis that s. 86(2) violated s. 7 of the Canadian Charter of Rights and Freedoms in a manner that could not be justified under s. 1 of the Charter .   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 24 . Constitution Act, 1982 , s. 52 .

  • 92.

    R. v. Landry - [1991] 1 SCR 99 - 1991-01-25

    Supreme Court Judgments
    Constitutional law
    Criminal law

    The Court further held that, in view of s. 7 of the Canadian Charter of Rights and Freedoms , s. 16 must be interpreted in a sufficient broad manner in order to offer a defence to the accused in this case.   [...]  Canadian Charter of Rights and Freedoms , s. 7 . Criminal Code , R.S.C., 1985, c. C‐46 , ss. 16 , 686(1) (d) [formerly s. 613(1)(d)].   [...]  Turning to the second issue referred to by Lamer C.J., the Court of Appeal's reference to s. 7 of the Canadian Charter of Rights and Freedoms cannot serve to alter the position outlined above.

  • 93.

    R. v. Arkell - [1990] 2 SCR 695 - 1990-09-13

    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. 21(2), 213(a), 214(5), 613(1)(b)(iii), 669(a).   [...]  1.Does s. 213(a) of the Criminal Code (as it read in November 1984) contravene the rights and freedoms guaranteed by s. 7 and/or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is affirmative, is s. 213 (a) of the Criminal Code (as it read in November 1984) justified by s. 1 of the   [...]  3.Does s. 214(5) of the Criminal Code (as it read in November 1984) contravene the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? 4.If the answer to question 3 is affirmative, is s. 214(5) of the Criminal Code (as it read in November 1984) justified by s. 1 of the Charter and

  • 94.

    R. v. Ruzic - 2001 SCC 24 - [2001] 1 SCR 687 - 2001-04-20

    Supreme Court Judgments
    Constitutional law
    Criminal law

    She successfully challenged the constitutionality of s. 17 under s. 7 of the Canadian Charter of Rights and Freedoms , raised the common law defence of duress and was acquitted.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 24 . Constitution Act, 1982 , s. 52 .   [...]  8 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.

  • 95.

    R. v. Hess; R. v. Nguyen - [1990] 2 SCR 906 - 1990-10-04

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15 , 28 , 33 . Constitution Act, 1982 , s. 52(1) .   [...]   section 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. 4. If the answer to question 3 is in the affirmative, is section 146(1) of the Criminal Code (as it read in May, 1985) nevertheless justified pursuant to section 1 of the Canadian Charter of Rights and Freedoms , and therefore not   [...]  Ct. J. allowed the motion, on the grounds that s. 146(1) infringed s. 15 of the Canadian Charter of Rights and Freedoms by providing protection to females but not to males under fourteen years of age.

  • 96.

    United States of America v. Cotroni; United States of America v. El Zein - [1989] 1 SCR 1469 - 1989-06-08

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 6(1) , 7 . Constitution Act, 1982 , s. 52(1) .   [...]  in s. 6(1) of the Canadian Charter of Rights and Freedoms ? 2.If the surrender of such citizen constitutes a prima facie infringement of his right to remain in Canada, does the surrender of respondent in the circumstances of this case constitute a reasonable limit under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   s. 6(1) of the Canadian Charter of Rights and Freedoms ? 2. If the surrender of such citizen constitutes a prima facie infringement of his right to remain in Canada, does the surrender of respondent in the circumstances of this case constitute a reasonable limit under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 97.

    Ahani v. Canada (Minister of Citizenship and Immigration) - 2002 SCC 2 - [2002] 1 SCR 72 - 2002-01-11

    Supreme Court Judgments
    Administrative law
    Constitutional law

    Constitutional law — Charter of Rights — Fundamental justice — Immigration — Deportation — Risk of torture — Whether deportation of refugee facing risk of torture contrary to principles of fundamental justice — Canadian Charter of Rights and Freedoms, s. 7 — Immigration Act, R.S.C. 1985, c. I‐2, s. 53(1)(b).   [...]  Constitutional law — Charter of Rights — Fundamental justice — Vagueness — Whether terms “danger to the security of Canada” and “terrorism” in deportation provisions of immigration legislation unconstitutionally vague — Canadian Charter of Rights and Freedoms, s. 7 — Immigration Act, R.S.C. 1985, c. I‐2, ss. 19(1),   [...]  Canadian Charter of Rights and Freedoms , s. 7 . Immigration Act, R.S.C. 1985, c. I‐2, ss. 19(1)(e)(iii), (iv)(C), (f)(ii), (iii)(B) [am. 1992, c. 49, s. 11(2)], (g), 40.1, 53(1)(b) [rep.

  • 98.

    New Brunswick (Minister of Health and Community Services) v. G. (J.) - [1999] 3 SCR 46 - 1999-09-10

    Supreme Court Judgments
    Action
    Appeal
    Constitutional law
    Family law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2 , 7 , 10 , 11( d ) , 15(1) , 24(1) , 28 .   [...]  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. 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.

  • 99.

    R. v. Colarusso - [1994] 1 SCR 20 - 1994-01-26

    Supreme Court Judgments
    Constitutional law

    Constitutional law ‐‐ Charter of Rights ‐‐ Unreasonable search and seizure ‐‐ Coroners Act permitting warrantless seizures by coroners ‐‐ Whether provision violates s. 8 of Canadian Charter of Rights and Freedoms -- Coroners Act, R.S.O. 1980, c. 93, s. 16(2)(a) -- Canadian Charter of Rights and Freedoms, s. 8 .   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 8 , 24(1) , (2) . Constitution Act, 1867 , s. 91(27) .   [...]  1.Is s. 16(2) of the Coroners Act, R.S.O. 1980, c. 93, as amended, inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms ? 2.If s. 16(2) of the Coroners Act, R.S.O. 1980, c. 93, as amended, is inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms , does this provision operate as a reasonable

  • 100.

    A.G. (Que.) v. Quebec Protestant School Boards - [1984] 2 SCR 66 - 1984-07-26

    Supreme Court Judgments
    Constitutional law

    Constitutional law—Canadian Charter of Rights and Freedoms—Languages and education—English instruction—Limitations—Provincial provisions inconsistent with Charter—Whether provincial provisions are of no force or effect—Charter of the French language, R.S.Q. 1977, c. C-11, ss. 72-88—Canadian Charter of Rights and Freedoms,   [...]  c. C-11, and in the regulations adopted thereunder, are inconsistent with the Canadian Charter of Rights and Freedoms and of no force or effect to the extent of the inconsistency.   [...]  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