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)

  • 976.

    R. v. J.W. - 2025 SCC 16 - 2025-05-23

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms, s. 11(b). Corrections and Conditional Release Act, S.C. 1992, c. 20.   [...]  While Moldaver J.’s observations in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, relate to the impact of delays on s. 11(b) of the Canadian Charter of Rights and Freedoms, I find them apt in this context as well. Timely trials have a bearing not only on the accused, but also on victims and witnesses (paras. 22-23).

  • 977.

    Shot Both Sides v. Canada - 2024 SCC 12 - 2024-04-12

    Supreme Court Judgments
    Aboriginal law
    Constitutional law

    Canadian Charter of Rights and Freedoms, s. 15. Constitution Act, 1867, s. 91(24). Constitution Act, 1982, s. 35(1).   [...]  [57] The Blood Tribe’s reliance on Ravndahl v. Saskatchewan, 2009 SCC 7, [2009] 1 S.C.R. 181, overlooks the differences between the coming into force of s. 15 of the Canadian Charter of Rights and Freedoms and s. 35(1). This Court in Ravndahl held that the cause of action for the discrimination claim at issue arose through

  • 978.

    La Presse inc. v. Quebec - 2023 SCC 22 - 2023-10-06

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , s. 11(f) . Criminal Code , R.S.C. 1985, c. C‐46, ss. 482 , 482.1 , 486.4(3) , 517 , 539 , 542(2) , Part XVIII.1, 551.1 to 551.7, 625.1, 645(5), 647, 648.   [...]  This is to say that there is a “real” ambiguity — one that calls for the use of external interpretive aids like the principle of strict construction of penal laws or the presumption of conformity with the Canadian Charter of Rights and Freedoms — only if differing readings of the same provision cannot be decisively resolved

  • 979.

    Bessette v. British Columbia (Attorney General) - 2019 SCC 31 - [2019] 2 SCR 535 - 2019-05-16

    Supreme Court Judgments
    Prerogative writs

    Canadian Charter of Rights and Freedoms . Contraventions Act , S.C. 1992, c. 47 . Criminal Code , R.S.C. 1985, c. C‐46, ss. 450(2) , 530 , 810 , 849(3) .   [...]  Mr. Bessette has not alleged any infringement of his rights arising under the Canadian Charter of Rights and Freedom s or challenged the constitutionality of the statutory scheme in question.

  • 980.

    R. v. Steele - 2014 SCC 61 - [2014] 3 SCR 138 - 2014-10-09

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , s. 2( b ) . Criminal Code , R.S.C. 1985, c. C-46, ss. 249(3) , 264.1(1) (a), (2) (a), 343 , 344 , 742.1 , Part XXIV, 752 “serious personal injury offence”, 752.1(1), 753, 753.1, 754(1)(a), (b).   [...]  In R. v. Keegstra, [1990] 3 S.C.R. 697, Dickson C.J. had held that only “expression communicated directly through physical harm” could be considered violence and be excluded from the protection of s. 2( b ) of the Canadian Charter of Rights and Freedoms on that basis (p. 732). It was unclear from the early cases whether the

  • 981.

    Bernard v. Canada (Attorney General) - 2014 SCC 13 - [2014] 1 S. C.R. 227 - 2014-02-07

    Supreme Court Judgments
    Labour law

    Canadian Charter of Rights and Freedoms , ss. 2( d ) , 8 . Privacy Act , R.S.C. 1985, c. P‐21, s. 8(2) (a).   [...]  [43] Where a tribunal does not respond to a constitutional challenge, including a Canadian Charter of Rights and Freedoms challenge, because of a mistaken understanding of its jurisdiction, it is wrongfully declining the jurisdiction that it not only has, but that it must exercise.

  • 982.

    R. v. Dineley - 2012 SCC 58 - [2012] 3 SCR 272 - 2012-11-02

    Supreme Court Judgments
    Criminal law
    Statutes

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) . Criminal Code , R.S.C. 1985, c. C‐46, ss. 253(1) (a), (b), 258(1) (c), (d.01).   [...]  [14] In St-Onge Lamoureux, I conclude that the first requirement that the approved instrument was malfunctioning or was operated improperly, as set out in s. 258(1)(c) and qualified by s. 258(1)(d.01), infringes the right to be presumed innocent protected by s. 11( d ) of the Canadian Charter of Rights and Freedoms , but

  • 983.

    R. v. Mabior - 2012 SCC 47 - [2012] 2 SCR 584 - 2012-10-05

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , s. 7 . Crimes Act 1958 (Vic.), ss. 22, 23. Crimes Act 1961 (N.Z.), 1961, No. 43, ss. 145, 188(2).   [...]  After-the-fact condemnation violates the concept of liberty in s. 7 of the Canadian Charter of Rights and Freedoms and has no place in the Canadian legal system. [15] The Cuerrier test gives rise to two uncertainties — what constitutes “significant risk” and what constitutes “serious bodily harm”?

  • 984.

    Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society - 2012 SCC 45 - [2012] 2 SCR 524 - 2012-09-21

    Supreme Court Judgments
    Civil procedure

    Canadian Charter of Rights and Freedoms , ss. 2( b ) , (d), 7 , 15 . Constitution Act, 1982 .   [...]  They seek a declaration that these provisions violate the rights of free expression and association, to equality before the law and to life, liberty and security of the person guaranteed by ss. 2( b ) , 2( d ) , 7 and 15 of the Canadian Charter of Rights and Freedoms . The challenged provisions are what I will refer to as

  • 985.

    Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Quebec (Attorney General) - 2004 SCC 39 - [2004] 2 SCR 185 - 2004-06-11

    Supreme Court Judgments
    Constitutional law
    Labour law

    Canadian Charter of Rights and Freedoms . Charter of Human Rights and Freedoms, R.S.Q., c. C-12, preamble, ss. 10, 13, 16, 49, 49.1, 52, 77, 80, 101, 111.   [...]  While the dispute at bar concerns a claim founded on an infringement of the right to equality guaranteed by the Quebec Charter, with regard to the application of the collective agreement, in Weber it was necessary to determine whether a claim founded on s. 24(1) of the Canadian Charter of Rights and Freedoms fell within the

  • 986.

    Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Maksteel Québec Inc. - 2003 SCC 68 - [2003] 3 SCR 228 - 2003-11-14

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms . Canadian Human Rights Act , R.S.C. 1985, c. H-6 , ss. 2 , 15 (a).   [...]  Moreover, although the Quebec Charter adopted in 1976 covers situations that may be different from those covered by the Canadian Charter of Rights and Freedoms , both are intended to protect analogous values, as has been confirmed by the courts that have interpreted them.

  • 987.

    Schreiber v. Canada (Attorney General) - 2002 SCC 62 - [2002] 3 SCR 269 - 2002-09-12

    Supreme Court Judgments
    International law
    Statutes

    Canadian Charter of Rights and Freedoms , s. 7 . Charter of Human Rights and Freedoms, R.S.Q., c. C-12, s. 1.   [...]  The action is based on the following causes of action as pleaded in the statement of claim: breaches of duties of care, abuse of public office, bad faith and breach of the plaintiff’s rights under the Canadian Charter of Rights and Freedoms . 5 The respondents brought two motions in the proceeding initiated by the

  • 988.

    Kitkatla Band v. British Columbia (Minister of Small Business, Tourism and Culture) - 2002 SCC 31 - [2002] 2 SCR 146 - 2002-03-28

    Supreme Court Judgments
    Aboriginal law
    Constitutional law

    Canadian Charter of Rights and Freedoms , s. 15 . Constitution Act, 1867 , ss. 91(24) , 92(13) .   [...]  Section 88 should be applied in a manner consistent with the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights, R.S.C. 1985, App. III. This approach would introduce a method analogous to a s. 15 Charter analysis in the interpretation of s. 88 of the Indian Act .

  • 989.

    Smith v. Jones - [1999] 1 SCR 455 - 1999-03-25

    Supreme Court Judgments
    Courts
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 7 , 10( b ) , 11( c ) , (d). Authors Cited   [...]   the enshrinement of the right to full answer and defence, the right to counsel, the right against self-incrimination and the presumption of innocence in ss. 7 , 10( b ) , 11( c ) and 11( d ) of the Canadian Charter of Rights and Freedoms ; R. v. Hebert, [1990] 2 S.C.R. 151; R. v. Jones, [1994] 2 S.C.R. 229, at pp. 246-55.

  • 990.

    Aubry v. Éditions Vice-Versa inc. - [1998] 1 SCR 591 - 1998-04-09

    Supreme Court Judgments
    Civil procedure
    Constitutional law
    Torts

    Canadian Charter of Rights and Freedoms , ss. 1 , 8 . Charter of Human Rights and Freedoms, R.S.Q., c. C‐12, ss. 3, 4, 5, 9.1 [en. 1982, c. 61, s. 2], 44, 49.   [...]  8 Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure, thereby guaranteeing a certain right to privacy.

  • 991.

    R. v. Zito - [1990] 2 SCR 1520 - 1990-11-22

    Supreme Court Judgments
    Criminal law

    Criminal law -- Interception of private communications -- Access to sealed packet -- Whether accused entitled to inspect affidavit filed in support of wiretap authorization -- Criminal Code, R.S.C. 1970, c. C‐34, s. 178.14 ‐‐ Canadian Charter of Rights and Freedoms, ss. 7 , 8 . Respondent was charged with trafficking in

  • 992.

    R. v. Heikel - [1989] 1 SCR 1776 - 1989-06-29

    Supreme Court Judgments
    Criminal law

    Before the Crown had concluded its evidence on the voir dire, counsel for the defence moved to have the wiretap evidence excluded for violation of the Canadian Charter of Rights and Freedoms . After argument and a two-day adjournment, the trial judge held the wiretap evidence to be inadmissible, not by reason of any

  • 993.

    R. v. Turgeon - [1983] 1 SCR 308 - 1983-03-24

    Supreme Court Judgments
    Criminal law

    It should be mentioned that, at the time of the trial, the appeal, and above all, the decision of this Court to authorize the appeal, Canada did not yet have the Canadian Charter of Rights and Freedoms . The coming into force of the Charter now greatly diminishes the importance this appeal had at the time, namely that it

  • 994.

    R. v. Kloubakov - 2025 SCC 25 - 2025-07-24

    Supreme Court Judgments
    Constitutional law

    services and procuring person to offer or provide sexual services for consideration set out in Criminal Code infringe right to security of person of sex workers by preventing them from taking necessary safety measures — Canadian Charter of Rights and Freedoms, s. 7 — Criminal Code, R.S.C. 1985, c. C‐46, ss. 286.2, 286.3.   [...]  Canadian Charter of Rights and Freedoms, ss. 1, 7, 24(1). Criminal Code, R.S.C. 1985, c. C‐46, ss. 21, 91(1)(a), 95(1), 96(1), Part VIII, 279.01, 279.02, 286.1 to 286.4 [ad. 2014, c. 25, s. 20], 286.5.   [...]  [1] Just over a decade ago, in Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101, this Court held that several criminal offences related to the sale of sexual services infringed s. 7 of the Canadian Charter of Rights and Freedoms and could not be justified under s. 1. At the time, the exchange of sex

  • 995.

    Law Society of Saskatchewan v. Abrametz - 2022 SCC 29 - [2022] 2 SCR 220 - 2022-07-08

    Supreme Court Judgments
    Administrative law

    Canadian Charter of Rights and Freedoms, ss. 7, 11(b), 24(1). Legal Profession Act, 1990, S.S. 1990‐91, c. L‐10.1, ss. 3.1, 3.2, 39, 56, 63.   [...]  Jordan deals with the right to be tried within a reasonable time under s. 11(b) of the Canadian Charter of Rights and Freedoms. No such Charter right applies to administrative proceedings.   [...]  Moreover, the analysis of abuse of process at common law “dovetail[s]” with that of the procedural rights guaranteed in the Canadian Charter of Rights and Freedoms (R. v. Regan, 2002 SCC 12, [2002] 1 S.C.R. 297, at para. 50; see also R. v. O’Connor, [1995] 4 S.C.R. 411, at para. 71).

  • 996.

    R. v. Zora - 2020 SCC 14 - [2020] 2 SCR 3 - 2020-06-18

    Supreme Court Judgments
    Criminal law

    The setting of bail conditions must be consistent with the presumption of innocence and the right not to be denied reasonable bail without just cause under s. 11( e ) of the Canadian Charter of Rights and Freedoms . In addition, s. 515 of the Criminal Code codifies the ladder principle, which requires that the form of   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 11( e ) . Controlled Drugs and Substances Act , S.C. 1996, c. 19 .   [...]  Most accused are not held in custody between the date of the charge and the time of trial because the Criminal Code , R.S.C. 1985, c. C-46 (“Code ”) and the Canadian Charter of Rights and Freedoms (“Charter ”) typically require that accused be released on what is known as “bail”.[1] Accused who are not released from custody

  • 997.

    R. v. Rafilovich - 2019 SCC 51 - [2019] 3 SCR 838 - 2019-11-08

    Supreme Court Judgments
    Criminal law

    Where a sentencing judge is satisfied, applying the test set out in R. v. Rowbotham (1988), 41 C.C.C. (3d) 1 (Ont. C.A.), that representation by counsel was essential to the offender’s constitutional right to a fair trial under ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms , the judge should exercise his   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 10( b ) , 11( d ) , 24(1) . Controlled Drugs and Substances Act , S.C. 1996, c. 19, s. 2 .   [...]  Where a sentencing judge is satisfied, applying the test set out in R. v. Rowbotham (1988), 41 C.C.C. (3d) 1 (Ont. C.A.), that representation by counsel was essential to the offender’s constitutional right to a fair trial under ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms , the judge should exercise his

  • 998.

    R. v. Jarvis - 2019 SCC 10 - [2019] 1 SCR 488 - 2019-02-14

    Supreme Court Judgments
    Criminal law

    The jurisprudence pertaining to s. 8 of the Canadian Charter of Rights and Freedoms is also instructive in interpreting s. 162(1). Parliament must be understood has having chosen the words “reasonable expectation of privacy” in s. 162(1) purposefully and with the intention that the existing jurisprudence on this concept   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Criminal Code , R.S.C. 1985, c. C‐46 , Parts V, XI, ss. 9(a), 151, 152, 153 ,153.1, 162, 162.1(1), 177, 276.3, 278.1, 278.5, 430, 486, 486.4, 486.5.   [...]  [1] Mr. Jarvis’ application to have the videos excluded from evidence on the basis of ss. 8 and 24(2) of the Canadian Charter of Rights and Freedoms was denied by the trial judge. That ruling was upheld by the Court of Appeal and is not at issue in this Court.

  • 999.

    R. v. Suter - 2018 SCC 34 - [2018] 2 SCR 496 - 2018-06-29

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms , s. 10( b ) . Criminal Code , R.S.C. 1985, c. C‐46, ss. 19 , 249(4) , 254(5) , 255(1) (a)(i), (2) , (2.2) [ad. 2008, c. 6, s. 21(3)], (3), (3.1), (3.2) [idem], (3.3), 258(3), 718 to 718.2, 718, 718(a), (b), 718.1, 718.2(a), (b), (e), 718.3(1), 725(1)(c), (2)(b).   [...]  [175] Section 10( b ) of the Canadian Charter of Rights and Freedoms provides that “[e]veryone has the right on arrest or detention . . . to retain and instruct counsel without delay”.   [...]   access to legal advice under s. 10( b ) of the Canadian Charter of Rights and Freedoms (see Brydges, at pp. 214-15). [5] The duration of the pre-sentence custody was not stated in the sentencing decision, but has been confirmed with the Chief Sentence Administrator of the Edmonton Remand Centre and the parties on appeal.

  • 1,000.

    Opitz v. Wrzesnewskyj - 2012 SCC 55 - [2012] 3 SCR 76 - 2012-10-25

    Supreme Court Judgments
    Elections
    Evidence

    In accordance with s. 3 of the Canadian Charter of Rights and Freedoms and a plain reading of s. 6 of the Act , there are only three fundamental prerequisites to the right to vote (or “entitlement” to vote).   [...]  Canadian Charter of Rights and Freedoms , ss. 3 , 33 . Constitution Act, 1867 , ss. 40 , 51 , 51 A.   [...]  The Canadian Charter of Rights and Freedoms and the Canada Elections Act , S.C. 2000, c. 9 (“Act ”), have the clear and historic purposes of enfranchising Canadian citizens, such that they may express their democratic preference, and of protecting the integrity of our electoral process.