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1,199 result(s)

  • 1,051.

    Prud'homme v. Prud'homme - 2002 SCC 85 - [2002] 4 SCR 663 - 2002-12-20

    Supreme Court Judgments
    Torts

    Canadian Charter of Rights and Freedoms . Charter of Human Rights and Freedoms, R.S.Q., c. C‐12, ss. 3, 4, 5, 44, 49, 52.   [...]  39 With the advent of the Canadian Charter of Rights and Freedoms (“Canadian Charter ”), this Court has frequently reiterated the crucial role of freedom of expression.

  • 1,052.

    R. v. Handy - 2002 SCC 56 - [2002] 2 SCR 908 - 2002-06-21

    Supreme Court Judgments
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( d ) . Criminal Code , R.S.C. 1985, c. C-46 , s. 718.2 .   [...]  In the end, the verdict may be based on prejudice rather than proof, thereby undermining the presumption of innocence enshrined in ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms . 140 The inflammatory nature of the ex-wife’s evidence in this case cannot be doubted.

  • 1,053.

    Chieu v. Canada (Minister of Citizenship and Immigration) - 2002 SCC 3 - [2002] 1 SCR 84 - 2002-01-11

    Supreme Court Judgments
    Administrative law
    Immigration

    Canadian Charter of Rights and Freedoms , ss. 6(2) , 7 , 12 . Convention Relating to the Status of Refugees, Can. T.S. 1969 No. 6, Art. 33.   [...]  It is not necessary to address directly the scope and content of ss. 7 and 12 of the Canadian Charter of Rights and Freedoms . A. Standard of Review 20 Judicial review of any administrative decision must begin with a determination of the proper standard on which the review is to be carried out.

  • 1,054.

    R. v. Gladue - [1999] 1 SCR 688 - 1999-04-23

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 15 , 25 . Constitution Act, 1982 , s. 35 .   [...]  The appellant advances the view that s. 718.2(e) is in fact an “affirmative action” provision justified under s. 15(2) of the Canadian Charter of Rights and Freedoms . 32 Section 12 of the Interpretation Act deems the purpose of the enactment of the new Part XXIII of the Criminal Code to be remedial in nature, and requires

  • 1,055.

    Canada (Human Rights Commission) v. Canadian Liberty Net - [1998] 1 SCR 626 - 1998-04-09

    Supreme Court Judgments
    Courts

    Canadian Charter of Rights and Freedoms , s. 2 ( b ) . Canadian Human Rights Act , R.S.C., 1985, c. H-6 , ss. 2 , 3 , 13(1) , 57 , 58 .   [...]  As the injunction sought in this case would prohibit speech, it also implicates important issues regarding the guarantee of freedom of expression in s. 2( b ) of the Canadian Charter of Rights and Freedoms . Finally, there is the question of whether a person who violates an injunction can invoke lack of jurisdiction in the

  • 1,056.

    Canadian Union of Public Employees, Local 301 v. Montreal (City) - [1997] 1 SCR 793 - 1997-03-27

    Supreme Court Judgments
    Administrative law
    Labour law

    Canadian Charter of Rights and Freedoms . Charter of Human Rights and Freedoms, R.S.Q., c. C‐12.   [...]  By way of example, the Charter of Human Rights and Freedoms, R.S.Q., c. C-12, and the Canadian Charter of Rights and Freedoms ensure basic freedoms as well as the rights to life, security of the person, physical integrity, and equality without discrimination.

  • 1,057.

    Mackeigan v. Hickman - [1989] 2 SCR 796 - 1989-10-05

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , s. 11 ( d ) . Constitution Act, 1867 , ss. 91(27) , 92(14) , 96 , 99 , 100 , 101 , 129 .   [...]  In Valente v. The Queen, [1985] 2 S.C.R. 673, Le Dain J., writing for this Court, reviewed the basis for and extent of judicial independence as set forth in s. 11( d ) of the Canadian Charter of Rights and Freedoms . He referred to the distinction between adjudicative independence and administrative independence.

  • 1,058.

    Hills v. Canada (Attorney General) - [1988] 1 SCR 513 - 1988-03-24

    Supreme Court Judgments
    Insurance

    Canadian Charter of Rights and Freedoms , s. 2 ( d ) . Constitution Act, 1867 , s. 91.2 A.   [...]   of s. 2( d ) of the Canadian Charter of Rights and Freedoms . 9. In his reasons dated December 6, 1983, dismissing this ground of appeal, CUB 8764, the Umpire held that the fact that benefits may be lessened as a result of the exercise of one's freedom of association does not affect freedom of association itself.

  • 1,059.

    F. v. N. - 2022 SCC 51 - 2022-12-02

    Supreme Court Judgments
    Family law

    Canadian Charter of Rights and Freedoms , ss. 2(a) , 7 . Civil Code of Québec. Children’s Law Act, 2020, S.S. 2020, c. 2.   [...]  The Mother also challenged the constitutionality of s. 40 para. 3 of the CLRA, arguing that it was ultra vires the legislative authority of the province and offended various guarantees under the Canadian Charter of Rights and Freedoms . [22] In July 2020, the Father initiated divorce proceedings in Dubai, in which the   [...]  But the majority then relied on that same rejected testimony to dismiss two of the mother’s constitutional arguments about the claimed infringements of her rights under the Canadian Charter of Rights and Freedoms , observing that “[t]he mother was quite clear in her evidence that she would not return to Dubai” (para. 175,

  • 1,060.

    R. v. Mercure - [1988] 1 SCR 234 - 1988-02-25

    Supreme Court Judgments
    Constitutional law
    Criminal law

    The language rights accorded by s. 110 of The North-West Territories Act are substantially the same as those accorded under s. 133 of the Constitution Act, 1867 , s. 23 of the Manitoba Act, 1870 and ss. 16 to 18 of the Canadian Charter of Rights and Freedoms . Under s. 110, an accused is constitutionally entitled to speak   [...]  Canadian Charter of Rights and Freedoms, ss. 7 , 14 , 16 , 17 , 18 , 19 , 20 . Colonial Laws Validity Act, 1865 (U.K.), 28 & 29 Vict., c. 63, s. 5.   [...]  It formed part of the basic law of a vast area of this country from the earliest days of the founding of the nation and is rooted in a deeply sensitive reality recognized in the Canadian Charter of Rights and Freedoms , which, among our fundamental constitutional values, sets forth that English and French are the official

  • 1,061.

    Nevsun Resources Ltd. v. Araya - 2020 SCC 5 - [2020] 1 SCR 166 - 2020-02-28

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms , s. 7 . Constitution Act, 1867 , s. 96 . Constitution Act, 1982 , s. 52(1) .   [...]  The Court concluded that it was a violation of s. 7 of the Canadian Charter of Rights and Freedoms for the Minister to extradite Canadian citizens to the United States without, as a condition of extradition, assurances that the death penalty would not be sought.   [...]  They include, for example, questions related to the interpretation of the Canadian Charter of Rights and Freedoms , or questions where the facts are unlikely, if not implausible.

  • 1,062.

    R. v. Le - 2019 SCC 34 - [2019] 2 SCR 692 - 2019-05-31

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms , ss. 7 , 8 , 9 , 24 . Collection of Identifying Information in Certain Circumstances — Prohibition and Duties, O. Reg. 58/16.   [...]  At trial, he sought the exclusion of this evidence under s. 24(2) of the Canadian Charter of Rights and Freedoms (“Charter ”) on the basis that the police had infringed his constitutional rights to be free from unreasonable search and seizure and from arbitrary detention, contrary to ss. 8 and 9 of the Charter .   [...]  Moreover, the trial judge’s detailed and thorough reasons disclose no basis on which to conclude that the officers acted with wilful or reckless disregard for the accused’s rights under the Canadian Charter of Rights and Freedoms , nor that they were motivated by anything other than a genuine desire to perform their

  • 1,063.

    Minister of Justice and Attorney General of Canada, Minister of Foreign Affairs, Director of the Canadian Security Intelligence Service and Commissioner of the Royal Canadian Mounted Police v. Omar Ahmed Khadr - 2008 SCC 29 - [2008] 2 SCR 143 - 2008-03-20

    Supreme Court Judgments
    Civil procedure

    [6] The appellants move to strike out arguments raised by the respondent and the interveners BCCLA and IHRC/HRW that Canadian officials violated s. 7 of the Canadian Charter of Rights and Freedoms in interviewing the respondent at Guantanamo Bay and in subsequently giving summaries of the interviews to US authorities.

  • 1,064.

    R. v. T.W.W. - 2024 SCC 19 - 2024-05-24

    Supreme Court Judgments
    Courts
    Criminal law

    Canadian Charter of Rights and Freedoms. Criminal Code, R.S.C. 1985, c. C‐46, ss. 2 “court of appeal”, “every one, person and owner”, 276, 276.3 [ad. 1992, c. 38, s. 2; rep. 2018, c. 29, s. 22], 278.1 to 278.98, 486.4, 691(1), 693(1)(a).   [...]  This Court has long recognized the importance of the open court principle as a vehicle to give effect to freedom of expression and fair trial rights under the Canadian Charter of Rights and Freedoms, as well as to promote confidence and integrity in the administration of justice (Dagenais v. Canadian Broadcasting Corp.,

  • 1,065.

    Canadian Broadcasting Corp. v. Manitoba - 2021 SCC 33 - [2021] 2 SCR 785 - 2021-09-24

    Supreme Court Judgments
    Courts

    Canadian Charter of Rights and Freedoms, s. 2(b). Code of Civil Procedure, CQLR, c. C‐25.01, art. 349.   [...]  Indeed, it is critical to upholding the responsibility all courts have to manage their records in accordance with the Canadian Charter of Rights and Freedoms and the proper administration of justice. As ancillary court openness issues have no bearing on the judgments on the merits, there was no reason for the Court of

  • 1,066.

    Sherman Estate v. Donovan - 2021 SCC 25 - [2021] 2 SCR 75 - 2021-06-11

    Supreme Court Judgments
    Courts

    Canadian Charter of Rights and Freedoms , ss. 2(b) , 8 . Charter of Human Rights and Freedoms, CQLR, c. C‐12, s. 5.   [...]  According to the Toronto Star and some of the interveners, the Trustees’ position would allow that measure of inconvenience and embarrassment that arises in every court proceeding to take precedence over the interest in court openness protected by the Canadian Charter of Rights and Freedoms in which all of society has a

  • 1,067.

    1704604 Ontario Ltd. v. Pointes Protection Association - 2020 SCC 22 - [2020] 2 SCR 587 - 2020-09-10

    Supreme Court Judgments
    Courts

    Canadian Charter of Rights and Freedoms , ss. 2( b ) , 15 . Conservation Authorities Act, R.S.O. 1990, c. C.27.   [...]  [77] The weighing exercise under s. 137.1(4)(b) can thus be informed by this Court’s s. 2( b ) Canadian Charter of Rights and Freedoms jurisprudence, which grounds the level of protection afforded to expression in the nature of the expression (R. v. Sharpe, 2001 SCC 2, [2001] 1 S.C.R. 45, at para. 181).

  • 1,068.

    Stewart v. Elk Valley Coal Corp. - 2017 SCC 30 - [2017] 1 SCR 591 - 2017-06-15

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms , s. 7 . Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H‐14, ss. 7(1), (3), 44(1)(h) “mental disability”, (l) “physical disability”.   [...]  [100] Likewise, a choice threshold generally contradicts this Court’s rejection — albeit in the context of other sections of the Canadian Charter of Rights and Freedoms — of drawing superficial distinctions between protected grounds, like drug dependence or sexual orientation, and conduct inextricably linked to those

  • 1,069.

    Kanthasamy v. Canada (Citizenship and Immigration) - 2015 SCC 61 - [2015] 3 SCR 909 - 2015-12-10

    Supreme Court Judgments
    Immigration

    Canadian Charter of Rights and Freedoms , s. 7 . Immigration Act, R.S.C. 1952, c. 325, s. 8.   [...]  For example, the test for whether extradition would violate s. 7 of the Canadian Charter of Rights and Freedoms “on account of the penalty which may be imposed in the requesting state” is whether the penalty would be “simply unacceptable” (Kindler v. Canada (Minister of Justice), [1991] 2 S.C.R. 779, at p. 849).

  • 1,070.

    Febles v. Canada (Citizenship and Immigration) - 2014 SCC 68 - [2014] 3 SCR 431 - 2014-10-30

    Supreme Court Judgments
    Immigration

    Canadian Charter of Rights and Freedoms , s. 7 . Criminal Code , R.S.C. 1985, c. C-46 .   [...]  D. The Domestic Statutory Context and the Canadian Charter of Rights and Freedoms [63] Mr. Febles’ final argument is that his suggested interpretation of Article 1F(b) should be adopted because it creates harmony within the IRPA and ensures consistency with the Charter .

  • 1,071.

    Tsilhqot’in Nation v. British Columbia - 2014 SCC 44 - [2014] 2 SCR 7 - 2014-06-26

    Supreme Court Judgments
    Aboriginal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 11 . Constitution Act, 1867 , ss. 91 , 92 , 109 .   [...]  [142] 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.

  • 1,072.

    Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd. - 2013 SCC 34 - [2013] 2 SCR 458 - 2013-06-14

    Supreme Court Judgments
    Administrative law

    Canadian Charter of Rights and Freedoms . Industrial Relations Act, R.S.N.B. 1973, c. I‐4, ss. 32(1), 55(1), 77(1).   [...]  Early in the life of the Canadian Charter of Rights and Freedoms , this Court recognized that “the use of a person’s body without his consent to obtain information about him, invades an area of personal privacy essential to the maintenance of his human dignity” (R. v. Dyment, [1988] 2 S.C.R. 417, at pp. 431-32).

  • 1,073.

    Bou Malhab v. Diffusion Métromédia CMR inc. - 2011 SCC 9 - [2011] 1 SCR 214 - 2011-02-17

    Supreme Court Judgments
    Civil procedure
    Torts

    Canadian Charter of Rights and Freedoms , s. 2 ( b ) . Charter of human rights and freedoms, R.S.Q., c. C‐12, ss. 3, 4, 49.   [...]  [17] Freedom of expression is protected by the Canadian Charter of Rights and Freedoms , s. 2( b ) , and the Charter of human rights and freedoms, R.S.Q., c. C‐12, s. 3 (“Quebec Charter”).

  • 1,074.

    R. v. Khelawon - 2006 SCC 57 - [2006] 2 SCR 787 - 2006-12-14

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , s. 7 . Criminal Code , R.S.C. 1985, c. C‐46 , ss. 709 to 714 .   [...]  In a criminal context, the inquiry may take on a constitutional dimension, because difficulties in testing the evidence, or conversely the inability to present reliable evidence, may impact on an accused’s ability to make full answer and defence, a right protected by s. 7 of the Canadian Charter of Rights and Freedoms :

  • 1,075.

    May v. Ferndale Institution - 2005 SCC 82 - [2005] 3 SCR 809 - 2005-12-22

    Supreme Court Judgments
    Administrative law
    Courts
    Criminal law
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 7 , 9 , 10( c ) . Constitution Act, 1867 , s. 96 .   [...]  22 Habeas corpus is a crucial remedy in the pursuit of two fundamental rights protected by the Canadian Charter of Rights and Freedoms : (1) the right to liberty of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice (s. 7 of the Charter ); and (2) the right