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1,199 result(s)

  • 1,101.

    R. v. Samaniego - 2022 SCC 9 - [2022] 1 SCR 71 - 2022-03-25

    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. 95(1), 686(1)(b)(iii), 691(1)(a).   [...]  On appeal from the order dismissing its application, the OSC argued that the trial judge had no authority to override its right to present its case as it sought fit, absent an abuse of process or breach of the Canadian Charter of Rights and Freedoms. [128] Writing for a unanimous court, Rosenberg J.A. found no error in the

  • 1,102.

    R. v. Desautel - 2021 SCC 17 - [2021] 1 SCR 533 - 2021-04-23

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , s. 25 . Constitution Act, 1867 , s. 91(24) . Constitution Act, 1982 , ss. 3 , 6 , 16 , 20 , 21 , 23 , 32 , 35 , 35.1 , 36 , 37 , 37.1 .   [...]  Section 25 shields the rights and freedoms that pertain to Aboriginal peoples of Canada from being abrogated by the Canadian Charter of Rights and Freedoms , but it does not tell us who those peoples are. While the text of s. 35(2) defines Aboriginal peoples to include the Indian, Inuit and Métis peoples of Canada, this

  • 1,103.

    Toronto (City) v. C.U.P.E., Local 79 - 2003 SCC 63 - [2003] 3 SCR 77 - 2003-11-06

    Supreme Court Judgments
    Administrative law
    Labour law

    Canadian Charter of Rights and Freedoms . Evidence Act, R.S.O. 1990, c. E.23, s. 22.1 [ad. 1995, c. 6, s. 6(3)].   [...]  When the Canadian Charter of Rights and Freedoms applies, the common law doctrine of abuse of process is subsumed into the principles of the Charter such that there is often overlap between abuse of process and constitutional remedies (R. v. O’Connor, [1995] 4 S.C.R. 411).

  • 1,104.

    R. v. Shearing - 2002 SCC 58 - [2002] 3 SCR 33 - 2002-07-18

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 8 , 11( d ) . Criminal Code , R.S.C. 1985, c. C-46 , ss. 265(3) , 278.1 to 278.9 [ad. 1997, c. 30, s. 1], 278.2(1) [am. 1998, c. 9, s. 3], 278.3(5), 278.5(2)(f), (g), 278.6(1), 686(1)(b)(iii).   [...]  12 Canadian Charter of Rights and Freedoms 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

  • 1,105.

    R. v. Cuerrier - [1998] 2 SCR 371 - 1998-09-03

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms . Criminal Code, R.S.C. 1970, c. C‐34, ss. 143 [rep. 1980‐81‐82‐83, c. 125, s. 6], 149 [am. 1972, c. 13, s. 70; rep. 1980‐81‐82‐83, c. 125, s. 8], 244 [rep.   [...]  This in turn creates problems with respect to mens rea and raises the possibility that the new crime may violate the Canadian Charter of Rights and Freedoms . 51 L’Heureux-Dubé J. correctly identifies the theoretical and practical indefensibility of introducing commercial notions of fraud and then limiting them on an ad hoc

  • 1,106.

    The Queen v. Beauregard - [1986] 2 SCR 56 - 1986-09-16

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms . Constitution Act, 1867 , preamble, ss. 55, 91(8), (27), 92(14), 96, 99, 100, 129.   [...]  28. Secondly, the enactment of the Canadian Charter of Rights and Freedoms (although admittedly not relevant to this case because of its date of origin) conferred on the courts another truly crucial role: the defense of basic individual liberties and human rights against intrusions by all levels and branches of government.

  • 1,107.

    Washington (State of) v. Johnson - [1988] 1 SCR 327 - 1988-02-25

    Supreme Court Judgments
    Criminal law

    15. Cowan Co. Ct. J. also rejected the respondent's argument that his committal would constitute a violation of his rights under s. 7 of the Canadian Charter of Rights and Freedoms . The respondent did not argue s. 7 in this Court.

  • 1,108.

    R. v. Nolan - [1987] 1 SCR 1212 - 1987-06-25

    Supreme Court Judgments
    Criminal law

    The assessment of legislation under the Canadian Charter of Rights and Freedoms is, of course, subject to different considerations.

  • 1,109.

    R. v. I.M. - 2025 SCC 23 - 2025-07-18

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms, s. 7. Criminal Code, R.S.C. 1985, c. C‐46, ss. 13, 231(5)(e), 235(1), 718.2(e), 724(3)(e), 734(2), 742.1(a), 743.5, 745.1, 753(1), (4.1), 753.1.   [...]  [7] Importantly, the rule on rebutting the presumption of diminished moral blameworthiness in s. 72(1) YCJA must be read, if its meaning is uncertain, in a manner that conforms to the Canadian Charter of Rights and Freedoms. The Court has decided that there is a principle of fundamental justice under s. 7 of the Charter   [...]  [244] Gardiner pre‐dates the Canadian Charter of Rights and Freedoms. Pearson is a relatively early post‐Charter case.

  • 1,110.

    R. v. Bouvette - 2025 SCC 18 - 2025-06-06

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms, ss. 7, 24(1). Criminal Code, R.S.C. 1985, c. C‐46, ss. 579, 606(1.1), (4), 675(1), 678(2), 686, 696.3(3)(a)(ii).   [...]  [42] The court observed that a stay of proceedings was available to prevent an abuse of process, based on the appellate jurisdiction in s. 686(8) Cr. C. and s. 24(1) of the Canadian Charter of Rights and Freedoms (para. 118). Further, it wrote that because a court quashing a conviction is exercising a power conferred on it   [...]  The right to disclosure is protected by s. 7 of the Canadian Charter of Rights and Freedoms, which guarantees the accused’s ability to make full answer and defence (R. v. Taillefer, 2003 SCC 70, [2003] 3 S.C.R. 307, at para. 61; R. v. Dixon, [1998] 1 S.C.R. 244, at para. 22).

  • 1,111.

    R. v. Cinous - 2002 SCC 29 - [2002] 2 SCR 3 - 2002-03-21

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , s. 11 ( d ) , (f). Criminal Code , R.S.C. 1985, c. C‐46 , ss. 17 , 34(2) , 232 , 265(4) , 548(1) , 686(1) (a)(ii) [am. 1991, c. 43, s. 9 (Sch., item 8)], (b)(iii) [idem].   [...]  This idea was crucial to the finding in Osolin that the air of reality test is consistent with the presumption of innocence guaranteed by s. 11( d ) of the Canadian Charter of Rights and Freedoms . 53 In applying the air of reality test, a trial judge considers the totality of the evidence, and assumes the evidence relied   [...]  The Court was then unanimous in finding that the codification of the “air of reality” principles found in s. 265(4) of the Criminal Code was constitutional and did not violate the right to be presumed innocent recognized by s. 11( d ) of the Canadian Charter of Rights and Freedoms or the right to a trial by jury recognized

  • 1,112.

    R. v. T. (V.) - [1992] 1 SCR 749 - 1992-03-26

    Supreme Court Judgments
    Criminal law

    Later, in the context of the Canadian Charter of Rights and Freedoms , this Court had occasion to consider whether such discretion constituted an affront to the principles of fundamental justice.

  • 1,113.

    R. v. S.J.L. - 2009 SCC 14 - [2009] 1 SCR 426 - 2009-03-27

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , s. 11 ( f ) . Courts of Justice Act, R.S.Q., c. T‐16, ss. 70, 128.   [...]  [29] Then, when Parliament raised the maximum youth sentences under the YOA for first and second degree murder to 10 and 7 years, respectively, it granted young persons who were now liable to sentences of five years or more the right, in conformity with s. 11( f ) of the Canadian Charter of Rights and Freedoms , to elect a

  • 1,114.

    Canadian Pacific Ltd. v. Matsqui Indian Band - [1995] 1 SCR 3 - 1995-01-26

    Supreme Court Judgments
    Aboriginal law
    Administrative law

    Canadian Charter of Rights and Freedoms , s. 11 ( d ) . Federal Court Act , R.S.C., 1985, c. F‐7 [am. 1990, c. 8], ss. 18(1)(a), (b), 18.1(1), (3)(a), (b), (4)(a), 18.3(1), 18.4(1), (2), 18.5, 24(1), (2), 26(1).   [...]  62 As a preliminary comment, I would note that s. 11( d ) of the Canadian Charter of Rights and Freedoms guarantees to everyone charged with an offence a hearing before an independent and impartial tribunal.

  • 1,115.

    M.(K.) v. M.(H.) - [1992] 3 SCR 6 - 1992-10-29

    Supreme Court Judgments
    Action

    Canadian Charter of Rights and Freedoms , s. 15 . Courts of Justice Act, 1984, S.O. 1984, c. 11, s. 121(2).   [...]  The intervener, LEAF, argued that the Limitations Act, in so far as its provisions bar incest claims, violates s. 15 of the Canadian Charter of Rights and Freedoms . It submits that the provisions bar claims of women in a disproportionate fashion and so constitutes discrimination on the basis of sex.

  • 1,116.

    Laferrière v. Lawson - [1991] 1 SCR 541 - 1991-03-21

    Supreme Court Judgments
    Professional law
    Torts

    Canadian Charter of Rights and Freedoms , s. 7 . Civil Code of Lower Canada, art. 1205.   [...]  Moisan J. concludes that this was [translation] "an unlawful deprivation of a right and of a freedom of choice, caused by fault" (p. 40), and he relates this deprivation to s. 7 of the Canadian Charter of Rights and Freedoms . He summarizes his reasons at p. 40: [translation] In my view loss of chance is first and foremost

  • 1,117.

    R. v. Pappas - 2013 SCC 56 - [2013] 3 SCR 452 - 2013-10-25

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 11( d ) , (f). Criminal Code , R.S.C. 1985, c. C‐46, s. 232 .

  • 1,118.

    R. v. Jesse - 2012 SCC 21 - [2012] 1 SCR 716 - 2012-04-27

    Supreme Court Judgments
    Criminal law

    A challenge based on the destruction of the tapes and the appellant’s consequential inability to make full answer and defence, under ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms , was dismissed by the trial judge and rejected as a ground of appeal by the Court of Appeal.

  • 1,119.

    R. v. Smith - 2004 SCC 14 - [2004] 1 SCR 385 - 2004-03-04

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 10( b ) , 24(2) . Criminal Appeal Act 1995 (U.K.), 1995, c. 35.

  • 1,120.

    R. v. Currie - [1997] 2 SCR 260 - 1997-05-22

    Supreme Court Judgments
    Criminal law

    The question that arose on appeal to this Court was whether the dangerous offender provisions of the Criminal Code were consistent with the Canadian Charter of Rights and Freedoms . The Court upheld the constitutionality of the provisions, principally on the basis that a dangerous offender is not being sentenced for past or

  • 1,121.

    Supermarchés Jean Labrecque Inc. v. Flamand - [1987] 2 SCR 219 - 1987-09-17

    Supreme Court Judgments
    Administrative law
    Labour law

    49. The right of a party to be heard, especially when that party is in the dock, long antedates the Canadian Charter of Rights and Freedoms , which was not relied upon here, if only because it was not in effect at the time this case began.

  • 1,122.

    R. v. Prince - [1986] 2 SCR 480 - 1986-11-06

    Supreme Court Judgments
    Criminal law

    Krug submitted that the Kienapple principle at common law and as allegedly constitutionalized in ss. 7 and 11( h ) of the Canadian Charter of Rights and Freedoms precluded convictions for the firearms offences. His arguments regarding the s. 83 conviction were rejected in a unanimous judgment, delivered by La Forest J.

  • 1,123.

    R. v. Bharwani - 2025 SCC 26 - 2025-07-25

    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 “mental disorder”, “unfit to stand trial”, 16, 650, 672.11, 672.12, 672.14, 672.22, 672.23(1), 672.31, 672.47, 672.48, 672.54, 672.58, 672.851, 683, 686.   [...]  By doing so, Taylor protected the accused’s right to control their defence, a principle of fundamental justice under s. 7 of the Canadian Charter of Rights and Freedoms. The court also emphasized the serious consequences of unfitness findings and highlighted the existing safeguards during trial, including assistance from

  • 1,124.

    R. v. Goldfinch - 2019 SCC 38 - [2019] 3 SCR 3 - 2019-06-28

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , s. 11( d ) . Criminal Code, R.S.C. 1970, c. C‐34, s. 143.   [...]  [29] Section 11( d ) of the Canadian Charter of Rights and Freedoms guarantees the right “to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal”.

  • 1,125.

    R. v. Ipeelee - 2012 SCC 13 - [2012] 1 SCR 433 - 2012-03-23

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 12 . Corrections and Conditional Release Act , S.C. 1992, c. 20 , ss. 3 , 4 , 100 , 101 , 134.1 , 134.2 , 135.1(1) .   [...]  It also has a constitutional dimension, in that s. 12 of the Canadian Charter of Rights and Freedoms forbids the imposition of a grossly disproportionate sentence that would outrage society’s standards of decency.