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1,199 result(s)

  • 1,026.

    Scowby v. Glendinning - [1986] 2 SCR 226 - 1986-10-09

    Supreme Court Judgments
    Constitutional law
    Professional law

    Canadian Charter of Rights and Freedoms . Civil Code, s. 1053. Constitution Act, 1867 , ss. 91(27) , 92(13) , (14) , (15) , 96 .   [...]  That Act set forth many of the rights and freedoms now enshrined in the Canadian Charter of Rights and Freedoms . It was later amalgamated with human rights provisions in other statutes, becoming Part I of The Saskatchewan Human Rights Code.

  • 1,027.

    R. v. Hill - [1986] 1 SCR 313 - 1986-04-24

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , s. 15 . Criminal Code, R.S.C. 1970, c. C‐34, ss. 215(1), (2), (3), 218(1).   [...]  Age is identified as a prohibited ground of discrimination in s. 15 of the Canadian Charter of Rights and Freedoms evidencing that in some fundamental sense persons of all ages enjoy the same legal rights and have assumed the same legal responsibilities in society.

  • 1,028.

    Hansman v. Neufeld - 2023 SCC 14 - 2023-05-19

    Supreme Court Judgments
    Courts

    Canadian Charter of Rights and Freedoms , ss. 2(b) , 15(1) . Charter of human rights and freedoms, CQLR, c. C‐12.   [...]  In making this assessment, s. 2(b) Canadian Charter of Rights and Freedoms jurisprudence “grounds the level of protection afforded to [the defendant’s] expression in the nature of the expression” (Pointes, at para. 77).   [...]  [128] As with freedom of expression, our law’s protection of reputation is anchored in the notion of human dignity that underlies the rights guaranteed by the Canadian Charter of Rights and Freedoms (Hill, at paras. 120‐21; see also Gilles E. Néron Communication Marketing Inc. v. Chambre des notaires du Québec, 2004 SCC 53,

  • 1,029.

    Isidore Garon ltée v. Tremblay; Fillion et Frères (1976) inc. v. Syndicat national des employés de garage du Québec inc. - 2006 SCC 2 - [2006] 1 SCR 27 - 2006-01-27

    Supreme Court Judgments
    Labour law

    Canadian Charter of Rights and Freedoms . Charter of human rights and freedoms, R.S.Q., c. C‐12.   [...]  In the second line of cases, the minimum employment standards set out in various employment‐related statutes, the substantive rights and freedoms provided for in human rights legislation and the principles of the Canadian Charter of Rights and Freedoms have been incorporated into collective agreements (3.2).   [...]  In Quebec, the rights and values guaranteed by the Canadian Charter of Rights and Freedoms and the Charter of human rights and freedoms, R.S.Q., c. C‐12, are therefore necessarily part of the implicit obligational content of collective agreements.

  • 1,030.

    R. v. Oickle - 2000 SCC 38 - [2000] 2 SCR 3 - 2000-09-29

    Supreme Court Judgments
    Criminal law

    The common law confessions rule can offer protections beyond those guaranteed by the Canadian Charter of Rights and Freedoms . While it may be appropriate in certain cases to interpret one in light of the other, it would be a mistake to assume one subsumes the other entirely.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 7 to 14 , 10 , 14 , 24(2) . Police and Criminal Evidence Act 1984 (U.K.), 1984, c. 60, s. 76(8).   [...]  There was much argument among the parties and interveners in this appeal on this point, and this Court has not directly addressed the issue since the introduction of the Canadian Charter of Rights and Freedoms . Because of this lack of clarity, it has been often difficult to discern in various cases what standards have been

  • 1,031.

    R. v. Clarke - 2014 SCC 28 - [2014] 1 SCR 612 - 2014-04-11

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms . Criminal Code , R.S.C. 1985, c. C-46, s. 719(3) , (3.1) .

  • 1,032.

    Quebec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron - 2018 SCC 3 - [2018] 1 SCR 35 - 2018-02-01

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 24(1) . Charter of human rights and freedoms, CQLR, c. C‐12, preamble, ss. 1 to 38, 1 to 9, 3, 9.1, 10, 16 to 20, 16, 49, 51, 52, 53.   [...]  [61] As this Court explained in Bell ExpressVu Limited Partnership v. Rex, 2002 SCC 42, [2002] 2 S.C.R. 559, the “Charter values” interpretive principle serves a narrow purpose: when faced with two interpretations — one compliant with the Canadian Charter of Rights and Freedoms (“Canadian Charter ”), the other infringing it

  • 1,033.

    R. v. Beatty - 2008 SCC 5 - [2008] 1 SCR 49 - 2008-02-22

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , s. 7 . Constitution Act, 1867 , s. 91(27) . Criminal Code , R.S.C. 1985, c. C‐46 , ss. 219 , 249 .   [...]  [22] Prior to the enactment of the Canadian Charter of Rights and Freedoms , Parliament could prohibit any act and impose any penal sanction for infringing that prohibition, provided of course that it acted within the scope of its power with respect to the “Criminal Law” under s. 91(27) of the Constitution Act, 1867 .

  • 1,034.

    Pharmascience Inc. v. Binet - 2006 SCC 48 - [2006] 2 SCR 513 - 2006-10-26

    Supreme Court Judgments
    Professional law

    Canadian Charter of Rights and Freedoms , s. 8 . Code of Civil Procedure, R.S.Q., c. C‐25, art. 751.   [...]  C., Déziel J. did not think it necessary to refer to the values protected by the Canadian Charter of Rights and Freedoms to assess the validity of the syndic’s information request.

  • 1,035.

    R. v. Charlebois - 2000 SCC 53 - [2000] 2 SCR 674 - 2000-11-10

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( c ) . Criminal Code , R.S.C., 1985, c. C‐46 , ss. 16 [rep.   [...]  This constitutional right may be exercised at the investigation stage as well as at the trial: Canadian Charter of Rights and Freedoms , ss. 7 and 11( c ) ; Canada Evidence Act , R.S.C., 1985, c. C‐5, s. 4(1) .

  • 1,036.

    Canada (Minister of Citizenship and Immigration) v. Tobiass - [1997] 3 SCR 391 - 1997-09-25

    Supreme Court Judgments
    Civil procedure
    Courts

    Canadian Charter of Rights and Freedoms , ss. 7 , 24(2) . Citizenship Act , R.S.C., 1985, c. C‐29 , ss. 2 “Court”, 10, 18(1), (3).   [...]  Furthermore, it was suggested that, if s. 18(3) had such an effect, s. 7 of the Canadian Charter of Rights and Freedoms may be the source of a right of appeal directly to this Court in certain circumstances.

  • 1,037.

    R. v. Esau - [1997] 2 SCR 777 - 1997-07-10

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 15 , 28 . Criminal Code , R.S.C., 1985, c. C‐46 , ss. 150.1 [ad. c. 19 (3rd Supp.), s. 1], 265(3), (4), 273.2 [ad. 1992, c. 38, s. 1].   [...]  Sections 15 and 28 of the Canadian Charter of Rights and Freedoms have established that the law must neither give rise to nor perpetuate inequality between men and women.

  • 1,038.

    R. v. P. (M.B.) - [1994] 1 SCR 555 - 1994-04-14

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( c ) , (d), 13 . Criminal Code, R.S.C. 1970, c. C‐34, ss. 146(1), 149(1) [rep. 1980‐81‐82‐83, c. 125, s. 8], 529(4).   [...]  The broad protection afforded to accused persons is perhaps best described in terms of the overarching principle against self-incrimination, which is firmly rooted in the common law and is a fundamental principle of justice under s. 7 of the Canadian Charter of Rights and Freedoms . As a majority of this Court suggested in

  • 1,039.

    R. v. Landry - [1986] 1 SCR 145 - 1986-02-28

    Supreme Court Judgments
    Criminal law

    35. I should also like to note that this case arose before the Canadian Charter of Rights and Freedoms came into effect. 36. In the present case the trial judge and the Court of Appeal erred in finding that an arrest pursuant to s. 450(1)(a) would not be lawful if on private premises in any circumstances other than hot   [...]  The Canadian Charter of Rights and Freedoms clearly tells us that certain fundamental rights, including the security of the person, fall within the constitutional protection of the courts.

  • 1,040.

    R.C. v. Quebec (Attorney General); R. v. Beauchamps - 2002 SCC 52 - [2002] 2 SCR 762 - 2002-06-20

    Supreme Court Judgments
    Criminal law

    After some argument in the Court of Québec, R.C. applied to the Superior Court under ss. 7 and 24(1) of the Canadian Charter of Rights and Freedoms . 5 Bellavance J. of the Superior Court allowed R.C.’s application: [2001] R.J.Q. 2294.

  • 1,041.

    Reference re Assisted Human Reproduction Act - 2010 SCC 61 - [2010] 3 SCR 457 - 2010-12-22

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , s. 1 . Canadian Environmental Protection Act, R.S.C. 1985, c. 16 (4th Supp.), s. 34(6).   [...]  Whether the law violates the Canadian Charter of Rights and Freedoms guarantees of individual liberty is another issue.   [...]  • if a procedure is to be provided through the public health system, access to it must be determined by medical criteria and in accordance with the principles established in the Canada Health Act, the Canadian Charter of Rights and Freedoms , and human rights legislation. [Emphasis added; p. 86.]

  • 1,042.

    R.S. v. P.R. - 2019 SCC 49 - [2019] 3 SCR 643 - 2019-10-25

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms , s. 15 . Civil Code of Québec, arts. 391, 392, 394, 414, 416, 427, 513, 514, 521, 585, 599 et seq., 2803, 3081, 3089, 3111 to 3113, 3135, 3137, 3155, 3158, 3167 para. 1.   [...]  In her opinion, [translation] “there is a great risk” that a Belgian decision approving the revocation of the gifts would not be recognized in Quebec, because art. 1096 of the Belgian Code civil is discriminatory, and contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms . She added that there is no remedial   [...]  [165] As my colleague points out, the Superior Court “erred”, and its analysis on this point was, “erroneously, too strict” (paras. 49 and 55), particularly when it applied the test under s. 15 of the Canadian Charter of Rights and Freedoms to art. 1096 of the Belgian Code civil (paras. 121‐24).

  • 1,043.

    Hill v. Hamilton-Wentworth Regional Police Services Board - 2007 SCC 41 - [2007] 3 SCR 129 - 2007-10-04

    Supreme Court Judgments
    Professional law
    Torts

    The tort is consistent with the values of the Canadian Charter of Rights and Freedoms and fosters the public’s interest in responding to failures of the justice system.   [...]  Canadian Charter of Rights and Freedoms . Civil Code of Québec, S.Q. 1991, c. 64, art. 1457.   [...]  The action against the remaining defendants was brought on the basis of negligence, malicious prosecution, and breach of rights protected by the Canadian Charter of Rights and Freedoms . This appeal is concerned with the negligence claim.

  • 1,044.

    Reference re Education Act (Que.) - [1993] 2 SCR 511 - 1993-06-17

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , s. 23 . Civil Code of Lower Canada, arts. 357 to 361.   [...]  The reference raises no issue as to the application of the Canadian Charter of Rights and Freedoms , including s. 23 . It is concerned only with whether certain legislative provisions are consistent with s. 93(1) and (2) of the Constitution Act, 1867 :   [...]  By legislating on education in this way, the Quebec government is pursuing a legitimate purpose which is in keeping with s. 23 of the Canadian Charter of Rights and Freedoms . Although the measures contemplated by the legislature will occasion a fundamental upheaval in the institutions to which the province has been

  • 1,045.

    Duhamel v. The Queen - [1984] 2 SCR 555 - 1984-12-13

    Supreme Court Judgments
    Criminal law

    Such is the case when, for example, the Crown wishes to adduce evidence electromagnetically obtained (s. 178.11 Cr.C.); as will possibly be the case for certain findings on evidence under s. 24(2) of the Canadian Charter of Rights and Freedoms . And such is also the case for voir dires on “confessions”.

  • 1,046.

    R. v. Haevischer - 2023 SCC 11 - 2023-04-28

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11(d) , 12 . Court of King’s Bench of Alberta Criminal Procedure Rules, SI/2017‐76, r. 14.   [...]  Defence counsel submitted that Mr. Johnston and Mr. Haevischer were deliberately and punitively kept in solitary confinement for 14 months, in harsh and inhumane conditions, contrary to ss. 7 and 12 of the Canadian Charter of Rights and Freedoms and to international human rights obligations. Mr. Haevischer’s cell was cold

  • 1,047.

    Imperial Oil v. Jacques - 2014 SCC 66 - [2014] 3 SCR 287 - 2014-10-17

    Supreme Court Judgments
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Canadian Security Intelligence Service Act , R.S.C. 1985, c. C-23, ss. 12 , 21 .   [...]  The application of s. 193 Cr. C. therefore did not result in an infringement of s. 8 of the Canadian Charter of Rights and Freedoms or s. 2(e) of the Canadian Bill of Rights, R.S.C. 1985, App. III.

  • 1,048.

    Agraira v. Canada (Public Safety and Emergency Preparedness) - 2013 SCC 36 - [2013] 2 SCR 559 - 2013-06-20

    Supreme Court Judgments
    Administrative law
    Immigration

    Canadian Charter of Rights and Freedoms . Department of Public Safety and Emergency Preparedness Act , S.C. 2005, c. 10 .   [...]  For example, the plain meaning of the term “national interest” would also include the preservation of the values that underlie the Canadian Charter of Rights and Freedoms and the democratic character of the Canadian federation, and in particular the protection of the equal rights of every person to whom its laws and its

  • 1,049.

    Canada (Information Commissioner) v. Canada (Minister of National Defence) - 2011 SCC 25 - [2011] 2 SCR 306 - 2011-05-13

    Supreme Court Judgments
    Access to information

    Canadian Charter of Rights and Freedoms , s. 2 . Federal Accountability Act , S.C. 2006, c. 9 .   [...]  In Criminal Lawyers’ Association, this Court recognized that where access to government information is essential, it is protected by the right to freedom of expression under s. 2( b ) of the Canadian Charter of Rights and Freedoms as a derivative right. Statutes that protect Charter rights have often been found to have

  • 1,050.

    Canada (House of Commons) v. Vaid - 2005 SCC 30 - [2005] 1 SCR 667 - 2005-05-20

    Supreme Court Judgments
    Administrative law
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 2( b ) , 32(1) . Canadian Human Rights Act , R.S.C. 1985, c. H‐6, ss. 2 , 11 , 41 , 43(2) , 47(1) , 48.9 , 54.1(2) .   [...]  The courts below held that parliamentary privilege does not include the freedom to discriminate on grounds prohibited by the Canadian Charter of Rights and Freedoms or the Canadian Human Rights Act because such discrimination is not necessary to the proper functioning of the Senate or House of Commons.