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)

  • 1,001.

    Reference re Secession of Quebec - [1998] 2 SCR 217 - 1998-08-20

    Supreme Court Judgments
    Constitutional law
    Courts
    International law

    Canadian Charter of Rights and Freedoms , ss. 2 , 3 , 4 , 7 to 14 , 15 , 25 , 33 . Charter of the United Nations, Can. T.S. 1945 No. 7, Arts. 1(2), 55.   [...]   commitment to the protection of its minority, aboriginal, equality, legal and language rights, and fundamental freedoms as set out in the Canadian Charter of Rights and Freedoms . 47 Legal continuity, which requires an orderly transfer of authority, necessitated that the 1982 amendments be made by the Westminster   [...]  as regards provisions governing its amendment, and the Canadian Charter of Rights and Freedoms . As to the latter, to the extent that the scope of legislative powers was thereafter to be constrained by the Charter , the constraint operated as much against federal legislative powers as against provincial legislative powers.

  • 1,002.

    United States of America v. Dynar - [1997] 2 SCR 462 - 1997-06-26

    Supreme Court Judgments
    Criminal law

    The principles of fundamental justice guaranteed under s. 7 of the Canadian Charter of Rights and Freedoms vary according to the context of the proceedings in which they are raised.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 8 , 24 , 32 . Criminal Attempts Act 1981 (U.K.), 1981, c. 47, ss. 1, 5.   [...]  Specifically, the Court is asked to decide if he was entitled to receive disclosure of information regarding the involvement of the Canadian authorities in the investigation with a view to establishing a violation of his rights under the Canadian Charter of Rights and Freedoms . I. Facts 3 Arye Dynar, a Canadian citizen,

  • 1,003.

    R. v. Kinamore - 2025 SCC 19 - 2025-06-13

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms, ss. 7, 11(d). Criminal Code, R.S.C. 1985, c. C‐46, ss. 276, (4) [ad. 2018, c. 29, s. 21], 278.93, 278.94, 278.95, 686(1)(b)(iii).   [...]  [26] However, in Seaboyer, this Court held that this evidentiary rule violated an accused’s right to a fair trial and right to make full answer and defence guaranteed by ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms. Trial fairness requires that an accused be able to adduce relevant evidence where its

  • 1,004.

    R. v. Hodgson - 2024 SCC 25 - 2024-07-12

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms, s. 11(h). Criminal Code, R.S.C. 1927, c. 36, s. 1013(4).   [...]  Our Court has held that the Crown’s ability to appeal an acquittal does not violate s. 11(h) of the Canadian Charter of Rights and Freedoms (R. v. Morgentaler, [1988] 1 S.C.R. 30, at pp. 155-56, per McIntyre J., dissenting, but not on this point).

  • 1,005.

    R. v. Bouchard-Lebrun - 2011 SCC 58 - [2011] 3 SCR 575 - 2011-11-30

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( d ) . Criminal Code , R.S.C. 1985, c. C‐46, ss. 2 , 16 , 33.1 , 266 (a), 268 , 348(1) (a), 463 , Part XX.1.   [...]  In Robinson, this Court held that the third of the rules from Beard, which was based on the capacity of the accused to form a specific intent, violated ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms , because it required a jury to convict even if there was a reasonable doubt that the accused possessed

  • 1,006.

    R. v. Spence - 2005 SCC 71 - [2005] 3 SCR 458 - 2005-12-02

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 11( d ) , (f). Criminal Code , R.S.C. 1985, c. C‐46, ss. 638 , 649 .   [...]  In furtherance of the guarantee of a “fair” hearing before an “independent and impartial tribunal” provided by s. 11( d ) of the Canadian Charter of Rights and Freedoms , and despite a presumption of juror impartiality, the courts have in recent years expanded the use of the challenge for cause.

  • 1,007.

    R. v. R.C. - 2005 SCC 61 - [2005] 3 SCR 99 - 2005-10-28

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms . Criminal Code , R.S.C. 1985, c. C‐46, ss. 487.04 “primary designated offence”, “secondary designated offence”, 487.051 to 487.055, 487.07(4).   [...]  25 The making of a DNA order clearly engages two aspects of privacy protected by the Canadian Charter of Rights and Freedoms . The first relates to the person, and the second arises in what has been called the “informational context”: S.A.B., at para. 40; R. v. Dyment, [1988] 2 S.C.R. 417, at pp. 428-30.

  • 1,008.

    British Columbia (Minister of Forests) v. Okanagan Indian Band - 2003 SCC 71 - [2003] 3 SCR 371 - 2003-12-12

    Supreme Court Judgments
    Civil procedure

    Canadian Charter of Rights and Freedoms , s. 15 . Company Act, R.S.B.C. 1996, c. 62, s. 201.   [...]  In support of this position, they raised constitutional arguments on three grounds: a general right of access to justice that is implicit in the Canadian Charter of Rights and Freedoms and flows from the primacy of the rule of law; the protection of aboriginal rights, as affirmed by s. 35 of the Constitution Act, 1982 ; and

  • 1,009.

    Law Society of British Columbia v. Mangat - 2001 SCC 67 - [2001] 3 SCR 113 - 2001-10-18

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms . Canadian International Trade Tribunal Act , R.S.C. 1985, c. 47 (4th Supp .), s. 31.   [...]  In order to make such decisions while ensuring compliance with the requirements of natural justice and the Canadian Charter of Rights and Freedoms , the federal government must be free to determine the nature and content of, and participants in, a fair procedure for making such determinations.

  • 1,010.

    Consortium Developments (Clearwater) Ltd. v. Sarnia (City) - [1998] 3 SCR 3 - 1998-10-22

    Supreme Court Judgments
    Administrative law
    Constitutional law
    Municipal law

    Canadian Charter of Rights and Freedoms , s. 13 . Constitution Act, 1867 , ss. 91(27) , 92(8) , (13) , (16) .   [...]   1985, c. C-5 , and s. 13 of the Canadian Charter of Rights and Freedoms (Di Iorio v. Warden of the Montreal Jail, [1978] 1 S.C.R. 152; Dubois v. The Queen, [1985] 2 S.C.R. 350), and provincially under s. 9(1) of the Ontario Public Inquiries Act, which is incorporated by reference into s. 100(1) of the Municipal Act.

  • 1,011.

    Canada (Attorney General) v. Canada (Commission of Inquiry on the Blood System) - [1997] 3 SCR 440 - 1997-09-26

    Supreme Court Judgments
    Administrative law

    Canadian Charter of Rights and Freedoms , ss. 7 , 13 . Inquiries Act , R.S.C., 1985, c. I‐11 , ss. 2 , 6 , 12 , 13 .   [...]  They were protected, in his view, by the limits on the use of their testimony in criminal proceedings provided by ss. 7 and 13 of the Canadian Charter of Rights and Freedoms and by s. 5 of the Canada Evidence Act , R.S.C., 1985, c. C‐5 .

  • 1,012.

    University of British Columbia v. Berg - [1993] 2 SCR 353 - 1993-05-19

    Supreme Court Judgments
    Administrative law
    Constitutional law

    Canadian Charter of Rights and Freedoms . Canadian Human Rights Act , R.S.C., 1985, c. H‐6 , s. 5 .   [...]  Given that it appears that the Canadian Charter of Rights and Freedoms does not apply to universities in their relations with their members (McKinney v. University of Guelph, [1990] 3 S.C.R. 229), and that this Court has foreclosed a common law cause of action for discrimination operating in tandem with human rights

  • 1,013.

    R. v. Z. (D.A.) - [1992] 2 SCR 1025 - 1992-09-24

    Supreme Court Judgments
    Criminal law

    He voluntarily made an inculpatory written statement to a person in authority after having been cautioned and advised of his rights under the Canadian Charter of Rights and Freedoms . He was 18 when he made the statement. The police treated him as an adult and did not advise him that he had a right to have an adult person   [...]  . . . (e) young persons have rights and freedoms in their own right, including those stated in the Canadian Charter of Rights and Freedoms or in the Canadian Bill of Rights, and in particular a right to be heard in the course of, and to participate in, the processes that lead to decisions that affect them, and young persons

  • 1,014.

    John Howard Society of Saskatchewan v. Saskatchewan (Attorney General) - 2025 SCC 6 - 2025-03-14

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms, ss. 1, 7, 8 to 14. Constitution Act, 1982, s. 52.   [...]  [2] Section 11(d) of the Canadian Charter of Rights and Freedoms guarantees all persons “charged with an offence” the right to be presumed innocent until proven guilty.   [...]  [100] This appeal poses the following question: To find that an inmate has committed a disciplinary offence under Saskatchewan’s inmate disciplinary proceedings, does the Canadian Charter of Rights and Freedoms require proof beyond a reasonable doubt, or is a lesser standard of proof, i.e., on a balance of probabilities,

  • 1,015.

    R. v. Bertrand Marchand - 2023 SCC 26 - 2023-11-03

    Supreme Court Judgments
    Constitutional law
    Criminal law

    prescribed for child luring as indictable offence and of six months’ imprisonment for child luring punishable on summary conviction — Whether mandatory minimum sentences constitute cruel and unusual punishment — Canadian Charter of Rights and Freedoms, s. 12 — Criminal Code, R.S.C. 1985, c. C‐46, s. 172.1(2) (a), (b).   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 12 . Constitution Act, 1982 , s. 52 .   [...]  In these appeals, this Court must determine whether these minimum terms of imprisonment are cruel and unusual within the meaning of s. 12 of the Canadian Charter of Rights and Freedoms . [178] In addressing this issue, it is important to keep in mind that there is no constitutional provision that protects against the

  • 1,016.

    Ward v. Quebec (Commission des droits de la personne et des droits de la jeunesse) - 2021 SCC 43 - [2021] 3 SCR 176 - 2021-10-29

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms, ss. 1, 2(b). Charter of human rights and freedoms, CQLR, c. C‐12, preamble, ss. 1 to 9.1, 10 to 19, 21, 22, 23 to 38, 39 to 48, 49, 54, 55, 71, 80, 111, 132, 133, 134(1).   [...]  [35] Unlike the Canadian Charter of Rights and Freedoms (“Canadian Charter”), the Quebec Charter does not protect equality per se.   [...]  [152] Mr. Ward relies on this Court’s decision in Saskatchewan (Human Rights Commission) v. Whatcott, [2013] 1 S.C.R. 467, for the proposition that the guarantee of freedom of expression in the Canadian Charter of Rights and Freedoms (“Canadian Charter”) means that speech that impairs the right to equality can only be

  • 1,017.

    M.M. v. United States of America - 2015 SCC 62 - [2015] 3 SCR 973 - 2015-12-11

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms , ss. 6(1) , 7 , 24(1) . Constitution Act, 1982 .   [...]  [12] These issues relate to the Minister’s obligation to refuse surrender where extradition would be “unjust or oppressive” (Extradition Act , s. 44(1) (a)) or where extradition would unjustifiably limit the rights under the Canadian Charter of Rights and Freedoms of the person sought for extradition. They also raise   [...]  This parliamentary intent was also confirmed by the Minister’s Parliamentary Secretary, Eleni Bakopanos, who said that “the safeguards referred to in the [revised Extradition Act ] are provided in addition to any protection under the Canadian Charter of Rights and Freedoms which the person sought may have”: House of Commons

  • 1,018.

    Newfoundland and Labrador (Attorney General) v. Uashaunnuat (Innu of Uashat and of Mani‑Utenam) - 2020 SCC 4 - [2020] 1 SCR 15 - 2020-02-21

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms . Charter of Human Rights and Freedoms, CQLR, c. C‐12.   [...]  The guarantee of Aboriginal rights in s. 35 of the Constitution Act, 1982 , like the Canadian Charter of Rights and Freedoms , operates as a limit on federal and provincial legislative powers.   [...]  [2] They allege that it also violates various provisions of the Charter of human rights and freedoms, CQLR, c. C‐12, the Canadian Charter of Rights and Freedoms and the United Nations Declaration on the Rights of Indigenous Peoples, G.A. Res., UNGAOR, 61st Sess., Supp.

  • 1,019.

    B.J.T. v. J.D. - 2022 SCC 24 - [2022] 1 SCR 668 - 2022-06-03

    Supreme Court Judgments
    Family law

    Canadian Charter of Rights and Freedoms, s. 7. Child Protection Act, R.S.P.E.I. 1988, c. C‐5.1, ss. 1(s), 2(2), 27, 29, 30, 36, 37, 38(2)(c), (d), (e), 41.   [...]  [65] Section 7 of the Canadian Charter of Rights and Freedoms “requires that this dramatic form of state intervention only take place in accordance with the principles of fundamental justice” (Winnipeg Child and Family Services v. K.L.W., 2000 SCC 48, [2000] 2 S.C.R 519, at para. 15, per Arbour J., dissenting in the

  • 1,020.

    British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia - 2020 SCC 20 - [2020] 2 SCR 506 - 2020-07-31

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , s. 11( d ) . Code of Civil Procedure, CQLR, c. C‐25.01, art. 283.   [...]   to have a “Constitution similar in Principle to that of the United Kingdom”, ss. 96 to 101 of the Constitution Act, 1867 , s. 11( d ) of the Canadian Charter of Rights and Freedoms and s. 42(1)( d ) of the Constitution Act, 1982 : Beauregard v. Canada, [1986] 2 S.C.R. 56, at pp. 72‐73; Provincial Judges Reference, at

  • 1,021.

    Strickland v. Canada (Attorney General) - 2015 SCC 37 - [2015] 2 SCR 713 - 2015-07-09

    Supreme Court Judgments
    Courts

    Canadian Charter of Rights and Freedoms . Combines Investigation Act, R.S.C. 1970, c. C-23.   [...]  [72] Provincial superior courts also have jurisdiction to declare the federal laws they apply to be contrary to the Canadian Charter of Rights and Freedoms : Wakeford v. Canada (2002), 58 O.R. (3d) 65 (C.A.), at para. 40, leave to appeal refused, [2002] 4 S.C.R. vii; Lavers v. British Columbia (Minister of Finance) (1989),

  • 1,022.

    Trial Lawyers Association of British Columbia v. British Columbia (Attorney General) - 2014 SCC 59 - [2014] 3 SCR 31 - 2014-10-02

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2 , 7 , 11( d ) , 24(1) , 33 . Constitution Act, 1867 , ss. 92(14) , 96 .   [...]  [84] In OPSEU v. Ontario (Attorney General), [1987] 2 S.C.R. 2, Beetz J. stated that unlike in a Canadian Charter of Rights and Freedoms case, in a distribution of powers case, once it is demonstrated that the enacting legislature is competent, the balancing of conflicting values depends on the political judgment of such

  • 1,023.

    Mission Institution v. Khela - 2014 SCC 24 - [2014] 1 SCR 502 - 2014-03-27

    Supreme Court Judgments
    Administrative law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 7 , 9 . Corrections and Conditional Release Act , S.C. 1992, c. 20, ss. 27 , 28 , 29 .   [...]  According to the Canadian Civil Liberties Association (“CCLA”), habeas corpus, as a Canadian Charter of Rights and Freedoms remedy, should be interpreted in a manner that is responsive to the particular needs of an individual who has been unlawfully deprived of his or her liberty.

  • 1,024.

    Lavigne v. Canada (Office of the Commissioner of Official Languages) - 2002 SCC 53 - [2002] 2 SCR 773 - 2002-06-20

    Supreme Court Judgments
    Access to information
    State

    To the extent that it is the exact reflection of the recognition of the official languages contained in subsections 16(1) and (3) of the Canadian Charter of Rights and Freedoms , it follows the rules of interpretation of that Charter as they have been defined by the Supreme Court of Canada.   [...]  Privacy is also recognized in Canada as worthy of constitutional protection, at least in so far as it is encompassed by the right to be free from unreasonable searches and seizures under s. 8 of the Canadian Charter of Rights and Freedoms ; see Hunter v. Southam Inc., [1984] 2 S.C.R. 145.

  • 1,025.

    Canadian Pacific Air Lines Ltd. v. Canadian Air Line Pilots Association - [1993] 3 SCR 724 - 1993-10-21

    Supreme Court Judgments
    Labour law

    Canadian Charter of Rights and Freedoms, s. 11( c ) . Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 50(2) .   [...]  Amway debated the question of whether a business corporation could benefit in a penal or quasi-penal proceeding from the protection conferred by s. 11( c ) of the Canadian Charter of Rights and Freedoms . This question does not arise in the case at bar.