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1,199 result(s)

  • 1,176.

    Quebec (Attorney General) v. Guérin - 2017 SCC 42 - [2017] 2 SCR 3 - 2017-07-27

    Supreme Court Judgments
    Administrative law

    case, the Framework Agreement) does violence to the structure of the legal framework established by the HIA. Such a line of reasoning is as wrong as trying to define the scope and substance of a right guaranteed by the Canadian Charter of Rights and Freedoms on the basis of how it has been implemented by the legislature.

  • 1,177.

    Pro Swing Inc. v. Elta Golf Inc. - 2006 SCC 52 - [2006] 2 SCR 612 - 2006-11-17

    Supreme Court Judgments
    International law

    Vidéotron dealt with the possibility of imprisonment for contempt under the Quebec Code of Civil Procedure and the guarantees against compulsory self-incrimination under the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms.

  • 1,178.

    Barrie Public Utilities v. Canadian Cable Television Assn. - 2003 SCC 28 - [2003] 1 SCR 476 - 2003-05-16

    Supreme Court Judgments
    Administrative law
    Communications law

    The same point is also made frequently when a tribunal answers a question relating to the Canadian Charter of Rights and Freedoms : U.F.C.W., Local 1518 v. KMart Canada Ltd., [1999] 2 S.C.R. 1083; Cooper v. Canada (Human Rights Commission), [1996] 3 S.C.R. 854; Ross v. New Brunswick School District No. 15, [1996] 1 S.C.R.

  • 1,179.

    Quebec (Public Curator) v.  Syndicat national des employés de l'hôpital St-Ferdinand - [1996] 3 SCR 211 - 1996-10-03

    Supreme Court Judgments
    Constitutional law
    Evidence
    Torts

    102. The concept of "dignity" has been explored in the context of the Canadian Charter of Rights and Freedoms . In the opinion of the appellants, given that the decisions under the Canadian Charter refer to "human dignity" and the Quebec Charter refers only to "dignity", we cannot draw any analogy between these two

  • 1,180.

    R. v. Khan - 2001 SCC 86 - [2001] 3 SCR 823 - 2001-12-07

    Supreme Court Judgments
    Criminal law

    13 Indeed, prior to the enactment of the Canadian Charter of Rights and Freedoms , criminal procedure was replete with complex decisions distinguishing between the various jurisdictional consequences of procedural errors, pre-trial, at trial and post-conviction.

  • 1,181.

    Mount Sinai Hospital Center v. Quebec (Minister of Health and Social Services) - 2001 SCC 41 - [2001] 2 SCR 281 - 2001-06-29

    Supreme Court Judgments
    Administrative law

    At the high end they represent a level of judicial intervention in government policy that our courts, to date, have considered inappropriate in the absence of a successful challenge under the Canadian Charter of Rights and Freedoms . 28 Canadian cases tend to differentiate for analytical purposes the related concepts of

  • 1,182.

    R. v. Jorgensen - [1995] 4 SCR 55 - 1995-11-16

    Supreme Court Judgments
    Criminal law

    The court found that s. 163(6) (then s. 159(6)), which barred the defence of honest mistake of fact to the offence of distributing obscene material under s. 163(1), infringed s. 7 of the Canadian Charter of Rights and Freedoms in that it created an absolute liability offence having imprisonment as a potential punishment.

  • 1,183.

    R. v. M. (S.H.) - [1989] 2 SCR 446 - 1989-09-28

    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

  • 1,184.

    Cuthbertson v. Rasouli - 2013 SCC 53 - [2013] 3 SCR 341 - 2013-10-18

    Supreme Court Judgments
    Statutes

    I note that rights pursuant to the Canadian Charter of Rights and Freedoms have not been raised or argued in this appeal. [169] A patient’s wishes, ideals, and values are important considerations in end-of-life decisions in an institutional setting.

  • 1,185.

    Zurich Insurance Co. v. Ontario (Human Rights Commission) - [1992] 2 SCR 321 - 1992-06-25

    Supreme Court Judgments
    Constitutional law

    We know this is not the case, or there would be no need for the prohibitions on state discrimination found in s. 15 of the Canadian Charter of Rights and Freedoms . A second excuse is that, in the words of Sopinka J. at p. 000, it was "impractical, if not impossible", for Zurich to generate actuarially reliable figures on

  • 1,186.

    Reference re An Act respecting First Nations, Inuit and Métis children, youth and families - 2024 SCC 5 - 2024-02-09

    Supreme Court Judgments
    Constitutional law

    First, s. 19 states that “[t]he Canadian Charter of Rights and Freedoms applies to an Indigenous governing body in the exercise of jurisdiction in relation to child and family services on behalf of an Indigenous group, community or people.” Second, s. 3 stipulates that the provisions of existing treaties or self‐government

  • 1,187.

    Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice); Ontario Judges' Assn. v. Ontario (Management Board); Bodner v. Alberta; Conférence des juges du Québec v. Quebec (Attorney General); Minc v. Quebec (Attorney General) - 2005 SCC 44 - [2005] 2 SCR 286 - 2005-07-22

    Supreme Court Judgments
    Civil procedure
    Constitutional law
    Courts
    Evidence

    41 In the Reference, Lamer C.J. briefly commented in passing on the justification under s. 1 of the Canadian Charter of Rights and Freedoms (paras. 277-85). Since the parties have not raised this issue in the case at bar, consideration of it, if it is indeed applicable, should await the proper case.

  • 1,188.

    Canada (Minister of Citizenship and Immigration) v. Vavilov - 2019 SCC 65 - [2019] 4 SCR 653 - 2019-12-19

    Supreme Court Judgments
    Administrative law

    Canadian Charter of Rights and Freedoms , s. 1 . Canadian Citizenship Act, R.S.C. 1970, c. C‐19, s. 5(3).   [...]  However, it is important to draw a distinction between cases in which it is alleged that the effect of the administrative decision being reviewed is to unjustifiably limit rights under the Canadian Charter of Rights and Freedoms (as was the case in Doré) and those in which the issue on review is whether a provision of the

  • 1,189.

    Canada (Attorney General) v. British Columbia Investment Management Corp. - 2019 SCC 63 - [2019] 4 SCR 559 - 2019-12-13

    Supreme Court Judgments
    Constitutional law
    Taxation

    In that case, the Court held that universities do not form part of “government” within the meaning of s. 32 of the Canadian Charter of Rights and Freedoms . The following comment at pp. 272-74, adjusted for context, is applicable to the pension boards:

  • 1,190.

    Quebec (Attorney General) v. Canada (Attorney General) - 2015 SCC 14 - [2015] 1 SCR 693 - 2015-03-27

    Supreme Court Judgments
    Constitutional law

    In support of this declaration, he cited Doucet-Boudreau v. Nova Scotia (Minister of Education), 2003 SCC 62, [2003] 3 S.C.R. 3, and found that, although that case concerned possible remedies under the Canadian Charter of Rights and Freedoms , the principles developed in it could serve as a guide in the case at bar (para.

  • 1,191.

    Dunsmuir v. New Brunswick - 2008 SCC 9 - [2008] 1 SCR 190 - 2008-03-07

    Supreme Court Judgments
    Administrative law

    In a challenge under the Canadian Charter of Rights and Freedoms to a surrender for extradition, for example, the minister will have to comply with the Court’s view of Charter principles (the “correctness” standard), but if he or she correctly appreciates the applicable law, the court will properly recognize a wide

  • 1,192.

    C.U.P.E. v. Ontario (Minister of Labour) - 2003 SCC 29 - [2003] 1 SCR 539 - 2003-05-16

    Supreme Court Judgments
    Administrative law
    Labour law

    As the respondents had not claimed any breach of Canadian Charter of Rights and Freedoms rights, he concluded that “actions of the Minister, if authorized by statute, cannot be successfully attacked as being a denial of natural justice or lacking in institutional independence or impartiality” (para. 16).

  • 1,193.

    Willick v. Willick - [1994] 3 SCR 670 - 1994-10-27

    Supreme Court Judgments
    Family law

    No attack was made on the section and neither party relied on the Canadian Charter of Rights and Freedoms as an interpretative tool. In any event, I have serious reservations about the use of the Charter as an interpretative tool where the other rules of construction make the intention of the legislature plain.

  • 1,194.

    Royal Oak Mines Inc. v. Canada (Labour Relations Board) - [1996] 1 SCR 369 - 1996-02-22

    Supreme Court Judgments
    Labour law

    LXVIII.There are four situations in which a remedial order will be considered patently unreasonable: (1) where the remedy is punitive in nature; (2) where the remedy granted infringes the Canadian Charter of Rights and Freedoms ; (3) where there is no rational connection between the breach, its consequences, and the remedy;

  • 1,195.

    Ontario Hydro v. Ontario (Labour Relations Board) - [1993] 3 SCR 327 - 1993-09-30

    Supreme Court Judgments
    Constitutional law

    weight in the arena of constitutional interpretation (see Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 486, at p. 509, where Lamer J., as he then was, held with respect to interpreting the Canadian Charter of Rights and Freedoms that "it would in my view be erroneous to give these materials anything but minimal weight").

  • 1,196.

    R. v. B. (K.G.) - [1993] 1 SCR 740 - 1993-02-25

    Supreme Court Judgments
    Courts
    Criminal law

    In that case, the respondent challenged the use of his inconsistent testimony from a prior trial to impeach his credibility at his present trial on the ground that it violated his right under s. 13 of the Canadian Charter of Rights and Freedoms , which provides: 13. A witness who testifies in any proceedings has the right

  • 1,197.

    R. v. Khill - 2021 SCC 37 - [2021] 2 SCR 948 - 2021-10-14

    Supreme Court Judgments
    Criminal law

    Similarly, the ordinary person standard is “informed by contemporary norms of behaviour, including fundamental values such as the commitment to equality provided for in the Canadian Charter of Rights and Freedoms” (R. v. Tran, 2010 SCC 58, [2010] 3 S.C.R. 350, at para. 34).

  • 1,198.

    R. v. Starr - 2000 SCC 40 - [2000] 2 SCR 144 - 2000-09-29

    Supreme Court Judgments
    Criminal law

    This is particularly true in the criminal context given the fundamental principle of justice, protected by the Canadian Charter of Rights and Freedoms , that the innocent must not be convicted. It would compromise trial fairness, and raise the spectre of wrongful convictions, if the Crown is allowed to introduce unreliable

  • 1,199.

    References re Greenhouse Gas Pollution Pricing Act - 2021 SCC 11 - [2021] 1 SCR 175 - 2021-03-25

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , preamble, s. 5. Carbon Tax Act, S.B.C. 2008, c. 40, s. 84.   [...]  It is also expressly recognized in the preamble to the Canadian Charter of Rights and Freedoms : “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.”