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1,199 result(s)

  • 1,076.

    R. v. Labaye - 2005 SCC 80 - [2005] 3 SCR 728 - 2005-12-21

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms . Criminal Code , R.S.C. 1985, c. C‐46, ss. 163(8) , 167(1) , 197(1) “common bawdy-house”, “public place”, 210(1), 211, 212, 213.   [...]  Such conduct may violate formally recognized societal norms, like the equality and dignity of all human beings, which is protected by the Canadian Charter of Rights and Freedoms and similar fundamental laws such as the provincial human rights codes.

  • 1,077.

    Hartshorne v. Hartshorne - 2004 SCC 22 - [2004] 1 SCR 550 - 2004-03-26

    Supreme Court Judgments
    Family law

    Canadian Charter of Rights and Freedoms , s. 15(1) . Divorce Act , R.S.C. 1985, c. 3 (2nd Supp .), ss. 15.2 [am. 1997, c. 1, s. 2], 15.2(4) [formerly s. 15(5)].   [...]  In that case, it was decided that partners living in a conjugal relationship who chose not to get married did not have access to the protection of the matrimonial regime at stake, and that this did not violate s. 15(1) of the Canadian Charter of Rights and Freedoms . Bastarache J. held that a decision to live together was

  • 1,078.

    Dagg v. Canada (Minister of Finance) - [1997] 2 SCR 403 - 1997-06-26

    Supreme Court Judgments
    Access to information

    Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Freedom of Information Act, R.S.N. 1990, c. F-25, s. 10(2)(a).   [...]  66 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.

  • 1,079.

    R. v. Hibbert - [1995] 2 SCR 973 - 1995-07-20

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , s. 7 . Criminal Code , R.S.C., 1985, c. C‐46 , ss. 8(3) , 17 [am. c. 27 (1st Supp.), s. 40(2) (Sch. I, item 1)], 21.   [...]  Parliament is, of course, entitled to define the mental element of criminal offences in whatever manner it sees fit (subject, of course, to the requirements of s. 7 of the Canadian Charter of Rights and Freedoms : see, for instance, Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 486; R. v. Vaillancourt, [1987] 2 S.C.R. 636; R.

  • 1,080.

    R. v. Tessier - 2022 SCC 35 - [2022] 2 SCR 660 - 2022-10-14

    Supreme Court Judgments
    Constitutional law
    Criminal law

    such that statements should be excluded at trial — Canadian Charter of Rights and Freedoms, s. 10(b). When the victim was found dead in a ditch by a rural road, the police immediately sought out several individuals connected to him for interviews, including his friend, the accused, who agreed to come to the station.   [...]  Canadian Charter of Rights and Freedoms, ss. 7, 9, 10, 24(2). Youth Criminal Justice Act, S.C. 2002, c. 1, s. 146(2).   [...]  Nor did he speak of the right to retain and instruct counsel under s. 10(b) of the Canadian Charter of Rights and Freedoms. Mr. Tessier was told and he understood that the interview was being audio and video recorded.

  • 1,081.

    Harvard College v. Canada (Commissioner of Patents) - 2002 SCC 76 - [2002] 4 SCR 45 - 2002-12-05

    Supreme Court Judgments
    Intellectual property

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15 . Canadian Environmental Protection Act, R.S.C. 1985, c. 16 (4th Supp.).   [...]  The issue of whether a human being is a “composition of matter” does not, therefore, arise under the Patent Act. If further reinforcement is required, ss. 7 and 15 of the Canadian Charter of Rights and Freedoms would clearly prohibit an individual from being reduced to a chattel of another individual.   [...]  Rothstein J.A. answered this question in the negative on the basis that patenting is a form of ownership of property which would be prohibited pursuant to s. 7 of the Canadian Charter of Rights and Freedoms . (2) Isaac J.A. (dissenting) 142 Isaac J.A. dissented primarily on the grounds that the decision of the Commissioner

  • 1,082.

    Goodis v. Ontario (Ministry of Correctional Services) - 2006 SCC 31 - [2006] 2 SCR 32 - 2006-07-07

    Supreme Court Judgments
    Access to information

    In Lavallee, Rackel & Heintz v. Canada (Attorney General), [2002] 3 S.C.R. 209, 2002 SCC 61, it was found that a provision of the Criminal Code , R.S.C. 1985, c. C-46 , that authorized the seizure of documents from a law office was unreasonable within the meaning of s. 8 of the Canadian Charter of Rights and Freedoms

  • 1,083.

    R. v. C.(M.H.) - [1991] 1 SCR 763 - 1991-04-18

    Supreme Court Judgments
    Criminal law

    In view of the fact that no submissions were made on the effect the Canadian Charter of Rights and Freedoms may have on the duty to disclose, I propose to address the matter only as it stands at common law, independent of Charter considerations.

  • 1,084.

    R. v. Archambault - 2024 SCC 35 - 2024-11-01

    Supreme Court Judgments
    Criminal law
    Statutes

    Canadian Charter of Rights and Freedoms, ss. 7, 11. Criminal Code, R.S.C. 1985, c. C‐46, ss. 151 [repl. 2012, c. 1, s. 11], 152, 153, 271 [idem, s. 25], 469, 482, 482.1, 523(2)(b), 535 [repl. 2002, c. 13, s. 24; repl. 2019, c. 25, s. 238], 536(2), (2.1), (4), (4.1), (4.3), 536.1(2), (3), 548(1)(a), (b), 555(1.1), (1.2),   [...]  The respondents in this case make no claim that the removal of this screening mechanism violated rights under the Canadian Charter of Rights and Freedoms. However, they argue that the impact of its loss on the accused’s substantive legal interests, which include constitutionally protected interests, must be considered when   [...]  Because the penalty for a criminal offence is presumed to be that in force when the offence was committed — and because of the guarantee under s. 11(i) of the Canadian Charter of Rights and Freedoms to the lesser punishment — they are each liable to a maximum of 10 years’ imprisonment.

  • 1,085.

    R. v. Cogger - [1997] 2 SCR 845 - 1997-07-10

    Supreme Court Judgments
    Criminal law

    He concluded that as a result of the Canadian Charter of Rights and Freedoms , every true crime required that the offender be morally blameworthy.

  • 1,086.

    R. v. M. (J.J.) - [1993] 2 SCR 421 - 1993-05-19

    Supreme Court Judgments
    Criminal law

    (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

  • 1,087.

    Ontario (Attorney General) v. Clark - 2021 SCC 18 - [2021] 1 SCR 607 - 2021-04-30

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms , s. 7 . Criminal Code , R.S.C. 1985, c. C‐46, ss. 25 , 34 , 269.1(2) .   [...]  [85] Following the stay of the proceedings against Maharaj, Singh filed an application under the Canadian Charter of Rights and Freedoms seeking a stay of his conviction, as well. Had Singh not sought a stay, he would be facing a mandatory minimum five-year sentence for the armed robbery of which he had been convicted.

  • 1,088.

    Kosoian v. Société de transport de Montréal - 2019 SCC 59 - [2019] 4 SCR 335 - 2019-11-29

    Supreme Court Judgments
    Torts

    Canadian Charter of Rights and Freedoms , ss. 9 , 10( b ) . Charter of human rights and freedoms, CQLR, c. C‐12, ss. 24, 29, 49 para. 1.   [...]  For example, it is not up to them to determine whether a regulation or by‐law is consistent with its enabling legislation, the constitutional division of legislative powers or the Canadian Charter of Rights and Freedoms (“Charter ”) (see R. v. Wiley, [1993] 3 S.C.R. 263, at p. 279; Kokesch, at pp. 33‐34).

  • 1,089.

    Reference re Pan‑Canadian Securities Regulation - 2018 SCC 48 - [2018] 3 SCR 189 - 2018-11-09

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms , ss. 1 to 34 . Constitution Act, 1867 , Part VI, ss. 91, 92.   [...]  [57] Further limits were placed upon parliamentary sovereignty in Canada following the enactment of the Constitution Act, 1982 , a constitutional document which (among other things) protects the various civil rights and freedoms enshrined in the Canadian Charter of Rights and Freedoms (ss. 1 to 34 ), recognizes and affirms

  • 1,090.

    Office of the Children’s Lawyer v. Balev - 2018 SCC 16 - [2018] 1 SCR 398 - 2018-04-20

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms , ss. 6 , 7 . Children’s Law Reform Act, R.S.O. 1990, c. C.12, s. 46(2).   [...]  [35] The second issue raised is whether the Hague Convention should be interpreted consistently with the Canadian Charter of Rights and Freedoms , and in particular the s. 6 guarantee of right of return and the s. 7 guarantee of liberty and security of person.

  • 1,091.

    Reference re Supreme Court Act, ss. 5 and 6 - 2014 SCC 21 - [2014] 1 SCR 433 - 2014-03-21

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms . Constitution Act, 1867 , s. 101 . Constitution Act, 1982 , Part V, ss. 41(d), 42(1)(d), 52(1).   [...]  [89] Patriation of the Constitution was accompanied by the adoption of the Canadian Charter of Rights and Freedoms , which gave the courts the responsibility for interpreting and remedying breaches of the Charter .

  • 1,092.

    Winnipeg Child and Family Services (Northwest Area) v. G. (D.F.) - [1997] 3 SCR 925 - 1997-10-31

    Supreme Court Judgments
    Courts
    Torts

    Canadian Charter of Rights and Freedoms . Congenital Disabilities (Civil Liability) Act 1976 (U.K.), 1976, c. 28, ss. 1, 2.   [...]  It is open to Parliament and the legislature to enact new grounds for involuntary confinement, subject to compliance with the Canadian Charter of Rights and Freedoms . But to suggest that judges at common law should do so is unprecedented.

  • 1,093.

    R. v. O'Brien - 2011 SCC 29 - [2011] 2 SCR 485 - 2011-06-09

    Supreme Court Judgments
    Criminal law

    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 . Propensity evidence is designed to predispose the trier of fact to accept more readily as credible the guilt of the accused

  • 1,094.

    R. v. Adams - [1995] 4 SCR 707 - 1995-12-21

    Supreme Court Judgments
    Appeal
    Criminal law

    These objectives were held to be "pressing and substantial" within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms . 25 According to the Court in Canadian Newspapers, the mandatory nature of an order under s. 486 serves to further the goal of encouraging the reporting of sexual offences.

  • 1,095.

    R. v. Tayo Tompouba - 2024 SCC 16 - 2024-05-03

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms, ss. 10(b), 14, 16 to 20, 33. Code of Professional Conduct for British Columbia (Law Society of British Columbia), r. 3.2-2.1.   [...]  [30] In addition, echoing s. 133 of the Constitution Act, 1867 and strengthening the constitutional protection provided to linguistic minorities across the country, ss. 16 to 20 of the Canadian Charter of Rights and Freedoms set out a series of legal guarantees that ensure institutional bilingualism at the federal level.   [...]  [179] For example, the constitutionally entrenched right to counsel under s. 10(b) of the Canadian Charter of Rights and Freedoms is fundamental to the very workings of our criminal justice system and ensures all accused are able to meaningfully respond to the charges.

  • 1,096.

    Proulx v. Quebec (Attorney General) - 2001 SCC 66 - [2001] 3 SCR 9 - 2001-10-18

    Supreme Court Judgments
    Torts

    Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Civil Code of Lower Canada, art. 356.   [...]  27 In her analysis, L’Heureux-Dubé J. takes issue with the Court of Appeal's ruling in the criminal trial that the recordings should have been declared inadmissible under s. 24(2) of the Canadian Charter of Rights and Freedoms . She emphasizes that, at the time this conversation was recorded in 1983, the law had yet to   [...]  158 In Duarte, which is of particular interest here, the Court held that evidence obtained by the police both without the knowledge and against the will of an accused to be inadmissible under s. 24(2) of the Canadian Charter of Rights and Freedoms . At the time when the conversation with France Alain’s father was recorded,

  • 1,097.

    R. v. Seymour - [1996] 2 SCR 252 - 1996-05-30

    Supreme Court Judgments
    Criminal law

    It was found that the decision violated ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms since it would allow an accused to be convicted of murder even in situations where the evidence raised a reasonable doubt as to the existence of the requisite intent necessary to commit the offence.

  • 1,098.

    Roberts v. Canada - [1989] 1 SCR 322 - 1989-03-09

    Supreme Court Judgments
    Aboriginal law
    Constitutional law
    Courts

    can sue the subject in the provincial superior courts but the subject cannot sue the Crown in these courts, infringes the guarantee of equality before the law contained in s. 15 of the Canadian Charter of Rights and Freedoms . Leave to appeal that decision to this Court was granted on July 29, 1987, [1987] 2 S.C.R. ix.

  • 1,099.

    Piekut v. Canada (National Revenue) - 2025 SCC 13 - 2025-04-17

    Supreme Court Judgments
    Bankruptcy and insolvency

    Canadian Charter of Rights and Freedoms, s. 18(1). Constitution Act, 1867, s. 133. Direct Student Loan Regulations, N.S. Reg. 342/2008, ss. 2(e), (f), (j), 11.   [...]   the intention of the legislation, a court may have recourse to secondary principles of interpretation, including residual presumptions such as the strict construction of penal statutes or the presumption of conformity with the Canadian Charter of Rights and Freedoms (Bell ExpressVu, at para. 29; La Presse, at para. 24).

  • 1,100.

    Annapolis Group Inc. v. Halifax Regional Municipality - 2022 SCC 36 - [2022] 2 SCR 772 - 2022-10-21

    Supreme Court Judgments
    Expropriation

    Canadian Charter of Rights and Freedoms, s. 26. Civil Code of Québec, art. 952. Expropriation Act, R.S.N.S. 1989, c. 156, ss. 6, 24.   [...]  It is, of course, true that the framers of our Constitution did not include the protection of property rights in the Canadian Charter of Rights and Freedoms (see Warchuk, at pp. 658‐59). But the Charter is not, and never has been, the sole source of Canadians’ rights against the state; in particular, the common law also