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1,199 result(s)

  • 1,126.

    R. v. D.A.I. - 2012 SCC 5 - [2012] 1 SCR 149 - 2012-02-10

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms . Interpretation Act , R.S.C. 1985, c. I‐21, s. 45 .   [...]  The Canadian Charter of Rights and Freedoms guarantees a fair trial to everyone charged with a crime.

  • 1,127.

    Mitchell v. M.N.R. - 2001 SCC 33 - [2001] 1 SCR 911 - 2001-05-24

    Supreme Court Judgments
    Constitutional law
    Evidence

    Canadian Charter of Rights and Freedoms . Constitution Act, 1867 , s. 91(24) . Constitution Act, 1982 , s. 35(1) .   [...]  Perhaps recognizing that mobility has become a contentious issue in recent cases (e.g., Watt v. Liebelt, [1999] 2 F.C. 455 (C.A.); R. v. Campbell (2000), 6 Imm. L.R. (3d) 1 (B.C.S.C.)), he answers that his claim is contingent on his existing right to enter Canada pursuant to the Canadian Charter of Rights and Freedoms and

  • 1,128.

    R. v. Mack - [1988] 2 SCR 903 - 1988-12-15

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 11 ( f ) , 24(2) . Criminal Code , ss. 7(3) , 17 , 605(1) (a).   [...]  All have been recognized as essential elements of a system for the administration of justice which is founded upon a belief in "the dignity and worth of the human person" (preamble to the Canadian Bill of Rights, R.S.C. 1970, App. III) and on "the rule of law" (preamble to the Canadian Charter of Rights and Freedoms ). It

  • 1,129.

    R. v. B.W.P.; R. v. B.V.N. - 2006 SCC 27 - [2006] 1 SCR 941 - 2006-06-22

    Supreme Court Judgments
    Criminal law

    WHEREAS Canada is a party to the United Nations Convention on the Rights of the Child and recognizes that young persons have rights and freedoms, including those stated in the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights, and have special guarantees of their rights and freedoms;

  • 1,130.

    Eurig Estate (Re) - [1998] 2 SCR 565 - 1998-10-22

    Supreme Court Judgments
    Constitutional law

    63 The legislative power of the province is sovereign except as limited by the Constitution itself, including limitations flowing from the federal-provincial division of powers, and the Canadian Charter of Rights and Freedoms . In the absence of a constitutional prohibition, the legislature has power to authorize a tax

  • 1,131.

    R. v. Livermore - [1995] 4 SCR 123 - 1995-11-16

    Supreme Court Judgments
    Criminal law

    LXII. The important differences in the status of an accused person and the Crown have been given constitutional strength by the guarantees of individual rights set out in the Canadian Charter of Rights and Freedoms . In addition to the heavier onus on the Crown to successfully appeal from an acquittal the Crown can only

  • 1,132.

    R. v. Biddle - [1995] 1 SCR 761 - 1995-03-02

    Supreme Court Judgments
    Criminal law
    Evidence

    In R. v. Bain, supra, a majority of the Court found that these provisions infringed s. 11( d ) of the Canadian Charter of Rights and Freedoms and that this violation was not justified under s. 1.

  • 1,133.

    R. v. Robertson - [1987] 1 SCR 918 - 1987-06-04

    Supreme Court Judgments
    Criminal law
    Evidence

    This provision was held to be unconstitutional in R. v. Oakes, [1986] 1 S.C.R. 103, because it violated the presumption of innocence protected by s. 11( d ) of the Canadian Charter of Rights and Freedoms . 35. It is against this background that the new sexual assault provisions of the Criminal Code should be considered.

  • 1,134.

    Groia v. Law Society of Upper Canada - 2018 SCC 27 - [2018] 1 SCR 772 - 2018-06-01

    Supreme Court Judgments

    Canadian Charter of Rights and Freedoms , ss. 2( b ) , 7 . Law Society Act, R.S.O. 1990, c. L.8, ss. 4.1, 4.2, 34(1), 49.35(1), 62(0.1)10.   [...]  Moreover, resolute advocacy is a key component of the lawyer’s commitment to the client’s cause, a principle of fundamental justice under s. 7 of the Canadian Charter of Rights and Freedoms : Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7, [2015] 1 S.C.R. 401, at paras. 83-84.

  • 1,135.

    R. v. Daley - 2007 SCC 53 - [2007] 3 SCR 523 - 2007-12-13

    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. 33.1 , 229 , 691(1) (a).   [...]  [37] The Leary rule was found to violate the Canadian Charter of Rights and Freedoms , however, in R. v. Daviault, [1994] 3 S.C.R. 63.

  • 1,136.

    McVey (Re); McVey v. United States of America - [1992] 3 SCR 475 - 1992-11-19

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 6(1) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 282, 324, 328 [now R.S.C., 1985, c. C‐46, ss. 321 , 366 , 380 ].   [...]  Many of these individuals are citizens of Canada who, by virtue of s. 6(1) of the Canadian Charter of Rights and Freedoms , have the constitutional right to remain in Canada unless taken away by law which meets the test of s. 1 of the Charter .

  • 1,137.

    Reference re Code of Civil Procedure (Que.), art. 35 - 2021 SCC 27 - [2021] 2 SCR 291 - 2021-06-30

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms. Civil Code of Québec. Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, ss. 2, 118, 133.   [...]  In the instant case, since suspending the declaration of invalidity would not perpetuate interference with any right guaranteed by the Canadian Charter of Rights and Freedoms, the most determinative principle is that of respect for the distinct institutional roles of the courts and the legislatures (paras. 97 and 126‐31).   [...]  As Beetz J. wrote in OPSEU v. Ontario (Attorney General), [1987] 2 S.C.R. 2, unlike in a case involving the Canadian Charter of Rights and Freedoms, 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

  • 1,138.

    F.N. (Re) - 2000 SCC 35 - [2000] 1 SCR 880 - 2000-07-20

    Supreme Court Judgments
    Criminal law

    In that case, the media challenged the constitutionality of the publication ban and the Crown conceded an infringement of s. 2( b ) of the Canadian Charter of Rights and Freedoms , but argued that the legislation was justified under s. 1 of the Charter .

  • 1,139.

    R. v. Marshall - [1999] 3 SCR 533 - 1999-11-17

    Supreme Court Judgments
    Aboriginal law
    Appeal

    Section 1 of the Canadian Charter of Rights and Freedoms is perhaps the prime example of this principle. Absolute freedom without any restriction necessarily infers a freedom to live without any laws.

  • 1,140.

    Brooks v. Canada Safeway Ltd. - [1989] 1 SCR 1219 - 1989-05-04

    Supreme Court Judgments
    Constitutional law

    In the case mentioned earlier, Andrews v. Law Society of British Columbia, McIntyre J. rejected a "similarly situated" test in an equality rights challenge under the Canadian Charter of Rights and Freedoms . Bliss was not a Charter case, nor is the case at bar, but the comment of McIntyre J. respecting Bliss is of

  • 1,141.

    Clark v. Canadian National Railway Co. - [1988] 2 SCR 680 - 1988-12-15

    Supreme Court Judgments
    Constitutional law

    In R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, a case decided after the New Brunswick Court of Appeal rendered judgment in the case at bar, the issue was the validity of the Lord's Day Act, R.S.C. 1970, c. L‐13, s. 4, under the Canadian Charter of Rights and Freedoms . One submission in the case was the purpose of

  • 1,142.

    Finlay v. Canada (Minister of Finance) - [1986] 2 SCR 607 - 1986-12-18

    Supreme Court Judgments
    Action

    The question of justiciability in that case was considered in the context of a challenge, based on the Canadian Charter of Rights and Freedoms , to the constitutionality of a decision of the executive government of Canada in the realms of foreign policy and national defence.

  • 1,143.

    Schneider v. The Queen - [1982] 2 SCR 112 - 1982-08-09

    Supreme Court Judgments
    Constitutional law

    It should perhaps be noted, before concluding, that the Canadian Charter of Rights and Freedoms was not raised as an issue, nor argued in this Court or in the courts of British Columbia.

  • 1,144.

    R. v. Trochym - 2007 SCC 6 - [2007] 1 SCR 239 - 2007-02-01

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , s. 7 . Criminal Code , R.S.C. 1985, c. C‐46 , s. 686(1) (b)(iii).   [...]   that this agreement may have caused significant prejudice to the accused, and even jeopardized his rights under s. 7 of the Canadian Charter of Rights and Freedoms , is gratuitously expedient. Courts should not readily permit an appellant to reverse tactical decisions on appeal: see Terceira (Ont. C.A.), at pp. 207-8.

  • 1,145.

    Mugesera v. Canada (Minister of Citizenship and Immigration) - 2005 SCC 40 - [2005] 2 SCR 100 - 2005-06-28

    Supreme Court Judgments
    Administrative law
    Criminal law
    Immigration

    Canadian Charter of Rights and Freedoms , s. 2( b ) . Crimes Against Humanity and War Crimes Act , S.C. 2000, c. 24, ss. 4 , 6 .   [...]  The FCA took the position that since the speech could be classified as political speech, it had to be accorded wide latitude and substantial protection under s. 2( b ) of the Canadian Charter of Rights and Freedoms . Objectively speaking, if the speech and its context were analysed as a whole, the message of the speech did

  • 1,146.

    R. v. Gladstone - [1996] 2 SCR 723 - 1996-08-21

    Supreme Court Judgments
    Commercial law
    Constitutional law

    Canadian Charter of Rights and Freedoms , s. 1 . Constitution Act, 1982 , ss. 35(1) , 52 .   [...]  Just as the doctrine of minimal impairment under s. 1 of the Canadian Charter of Rights and Freedoms has not been read as meaning that the courts will impose a standard "least drastic means" requirement on the government in all cases, but has rather been interpreted as requiring the courts to scrutinize government action

  • 1,147.

    R. v. Van der Peet - [1996] 2 SCR 507 - 1996-08-21

    Supreme Court Judgments
    Constitutional law

    This principle, articulated in relation to the rights protected by the Canadian Charter of Rights and Freedoms , applies equally to the interpretation of s. 35(1).   [...]  In fact, similar to the values enshrined in the Canadian Charter of Rights and Freedoms , aboriginal rights protected under s. 35(1) should be contemplated on a multi-layered or multi-faceted basis: see Andrea Bowker, "Sparrow's Promise: Aboriginal Rights in the B.C. Court of Appeal" (1995), 53 Toronto Fac. L. Rev. 1, at   [...]  A few of these, the Canadian Charter of Rights and Freedoms tells us, are so fundamental that they constitute constitutional "rights" of such importance that governments cannot trench on them without justification.

  • 1,148.

    R. v. Katigbak - 2011 SCC 48 - [2011] 3 SCR 326 - 2011-10-20

    Supreme Court Judgments
    Criminal law

    It held that certain aspects of s. 163.1(4) infringed s. 2( b ) of the Canadian Charter of Rights and Freedoms , and could not be saved by s. 1. Subsequent to the Court’s decision in Sharpe, Parliament overhauled the child pornography defences as part of Bill C-2, An Act to amend the Criminal Code (protection of children

  • 1,149.

    Société de l'assurance automobile du Québec v. Cyr - 2008 SCC 13 - [2008] 1 SCR 338 - 2008-03-28

    Supreme Court Judgments
    Administrative law

    [31] Lemieux does emphasize (at p. 72) that the AAJ remains subject to both the Canadian Charter of Rights and Freedoms and the Charter of Human Rights and Freedoms, R.S.Q., c. C-12.

  • 1,150.

    R. v. Hamilton - 2005 SCC 47 - [2005] 2 SCR 432 - 2005-07-29

    Supreme Court Judgments
    Criminal law

    In that case, the constitutional validity of s. 319(2), which prohibits communications that wilfully promote hatred against an identifiable group, was challenged on the basis that it unduly restricted the freedom of expression under s. 2( b ) of the Canadian Charter of Rights and Freedoms . This Court, by majority decision,