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1,199 result(s)

  • 101.

    Singh v. Minister of Employment and Immigration - [1985] 1 SCR 177 - 1985-04-04

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 24(1) , 26 , 32(1) . Constitution Act, 1982 , s. 52(1) .   [...]  However, since I believe that the present situation falls within the constitutional protection afforded by the Canadian Charter of Rights and Freedoms , I prefer to base my decision upon the Charter .   [...]  The Canadian Charter of Rights and Freedoms (1982), at pp. 264‐65, 271‐74; Manning, Rights, Freedoms and the Courts: A Practical Analysis of the Constitution Act, 1982 (1983), at pp. 249‐54.

  • 102.

    Ruffo v. Conseil de la magistrature - [1995] 4 SCR 267 - 1995-12-14

    Supreme Court Judgments
    Administrative law
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , preamble, ss. 1, 2(b), 7, 11(d). Charter of Human Rights and Freedoms, R.S.Q., c. C‐12, s. 23 [am. 1982, c. 17, s. 42; am. 1993, c. 30, s. 17].   [...]  B.The preamble to and ss. 1 and 7 of the Canadian Charter of Rights and Freedoms : Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:   [...]  . . . 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

  • 103.

    Alberta (Aboriginal Affairs and Northern Development) v. Cunningham - 2011 SCC 37 - [2011] 2 SCR 670 - 2011-07-21

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( d ) , 7 , 15 . Constitution Act, 1982 , ss. 35 , 52 .   [...]   by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? It is not necessary to answer this question. 3. Do ss. 75 and/or 90 of the Metis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 7 of the Canadian Charter of Rights and Freedoms ?   [...]   by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? It is not necessary to answer this question. 5. Do ss. 75 and/or 90 of the Metis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 15 of the Canadian Charter of Rights and Freedoms ?

  • 104.

    R. v. S. (S.) - [1990] 2 SCR 254 - 1990-06-28

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15 , 24 . Constitution Act, 1867 , ss. 91(27) , 92(13) , (14) .   [...]  Canadian Charter of Rights and Freedoms The provisions of the Canadian Charter of Rights and Freedoms relevant to this appeal are as follows:   [...]   offences within Ontario, as guaranteed by s. 15 of the Canadian Charter of Rights and Freedoms ? 3.If the answer to question number 2 is yes, is the decision of the Attorney General for Ontario not to authorize diversion programs as alternative measures justified under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 105.

    Ramsden v. Peterborough (City) - [1993] 2 SCR 1084 - 1993-09-02

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) . Provincial Offences Act, R.S.O. 1980, c. 400.   [...]  1.Do ss. 1 and 2 of the Corporation of the City of Peterborough By-law 3270 (as amended by By-law 1982-147) limit the right guaranteed by s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is yes, are such limits demonstrably justified pursuant to s. 1 of the Charter ?   [...]  Canadian Charter of Rights and Freedoms 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

  • 106.

    Committee for the Commonwealth of Canada v. Canada - [1991] 1 SCR 139 - 1991-01-25

    Supreme Court Judgments
    Constitutional law
    Transportation

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 32 . Civil Code of Lower Canada, arts. 399, 400.   [...]  1.Are ss. 7(a) and 7(b) of the Government Airport Concession Operations Regulations inconsistent with s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 2.In the affirmative, are the provisions in question to be regarded as a reasonable limit within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms   [...]  The applicable sections of the Canadian Charter of Rights and Freedoms in this case are ss. 1 and 2(b): 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

  • 107.

    R. v. Ling - 2002 SCC 74 - [2002] 3 SCR 814 - 2002-11-21

    Supreme Court Judgments
    Constitutional law
    Taxation

    The trial judge found that the evidence gathered by the auditors was not obtained in violation of the taxpayer’s rights under the Canadian Charter of Rights and Freedoms and denied a motion to exclude the evidence under s. 24(2) of the Charter .   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 8 , 24(2) . Income Tax Act , R.S.C. 1985, c. 1 (5th Supp .), ss. 231.1(1), 231.2(1), 239(1), (2).   [...]  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.

  • 108.

    Ref re Remuneration of Judges of the Prov. Court of P.E.I.; Ref re Independence and Impartiality of Judges of the Prov. Court of P.E.I. - [1997] 3 SCR 3 - 1997-09-18

    Supreme Court Judgments
    Constitutional law
    Courts
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2 , 7 ‐14, 11(d), 15, 23, 24. Commissions and Salaries of Judges Act (U.K.), 1 Geo. 3, c. 23.   [...]   or denials of any person’s rights and freedoms as guaranteed by section 11( d ) of the Canadian Charter of Rights and Freedoms within reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society within the meaning of section 1 of the Canadian Charter of Rights and Freedoms ?   [...]   does that provision violate in whole or in part the rule of law and/or requirement of an independent and impartial tribunal imposed by s. 11( d ) of the Canadian Charter of Rights and Freedoms ? (b) If so, can the provision be justified as a reasonable limit under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 109.

    Pearlman v. Manitoba Law Society Judicial Committee - [1991] 2 SCR 869 - 1991-09-26

    Supreme Court Judgments
    Constitutional law
    Professional law

    Section 11( b ) of the Canadian Charter of Rights and Freedoms , which guarantees the right to be tried within a reasonable time, did not apply.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 11( b ) . Law Society Act, R.S.M. 1987, c. L100, ss. 6-13, 36(a), (n), (o)(xi), (t), 52(1), (4).   [...]  1.Does s. 52(4) of the Law Society Act of Manitoba, R.S.M. 1987, c. L100, contravene s. 7 of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is affirmative, is s. 52(4) of the Law Society Act of Manitoba, R.S.M. 1987, c. L100, justified by s. 1 of the Canadian Charter of Rights and Freedoms and

  • 110.

    Hunter et al. v. Southam Inc. - [1984] 2 SCR 145 - 1984-09-17

    Supreme Court Judgments
    Constitutional law

    The Canadian Charter of Rights and Freedoms is a purposive document, the provisions of which must be subjected to a purposive analysis.   [...]  On April 17, 1982, the Constitution Act, 1982 , incorporating the Canadian Charter of Rights and Freedoms was proclaimed. Section 8 of the Charter provides:   [...]  The Canadian Charter of Rights and Freedoms is a purposive document. Its purpose is to guarantee and to protect, within the limits of reason, the enjoyment of the rights and freedoms it enshrines.

  • 111.

    R. v. Evans - [1991] 1 SCR 869 - 1991-04-18

    Supreme Court Judgments
    Constitutional law
    Evidence

    Per Sopinka J.: The conclusions of McLachlin J. with respect to ss. 10( b ) and 24(2) of the Canadian Charter of Rights and Freedoms were agreed with. Section 10(a) was violated as well.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 10( a ) , (b), 24(2) . Criminal Code, R.S.C. 1970, c. C‐34, s. 218.   [...]  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.

  • 112.

    Native Women's Assn. of Canada v. Canada - [1994] 3 SCR 627 - 1994-10-27

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 2 ( b ) , 15(1) , 28 . Constitution Act, 1982 , ss. 35(1) , (4) [ad.   [...]  Sopinka J. -- This case raises the issue of the extent to which the freedom of expression and equality provisions of the Canadian Charter of Rights and Freedoms require that government funding be provided to various groups in order to promote the representation of certain interests at constitutional reform discussions.   [...]  Canadian Charter of Rights and Freedoms 2. Everyone has the following fundamental freedoms:

  • 113.

    R. v. Potvin - [1989] 1 SCR 525 - 1989-03-23

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) , (f), 12 . Criminal Code , R.S.C. 1927, c. 36, s. 999.   [...]  1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.   [...]  Q.2.If the answer to question 1 is in the affirmative, is the resort to that section justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 114.

    R. v. Nova Scotia Pharmaceutical Society - [1992] 2 SCR 606 - 1992-07-09

    Supreme Court Judgments
    Appeal
    Competition law
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2 , 7 , 8 , 11( a ) , (d), (h). Civil Code of Lower Canada, art. 1053.   [...]  , R.S.C., 1985, c. C‐34 ) in whole or in part inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? 2.Is s. 32(1.1) of the Combines Investigation Act, R.S.C. 1970, c. C‐23 (now s. 45(2) of the Competition Act , R.S.C., 1985, c. C‐34 ) inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ?   [...]  A. Vagueness under the Canadian Charter of Rights and Freedoms 1. The Case Law of this Court So far eight cases have given rise to discussions of vagueness issues under the Charter .

  • 115.

    R. v. Hall - 2002 SCC 64 - [2002] 3 SCR 309 - 2002-10-10

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 11( e ) . Constitution Act, 1982 , s. 52 .   [...]  s. 515(10) (c) of the Criminal Code , R.S.C. 1985, c. C-46 , infringe s. 11( e ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes, in part. The phrase “on any other just cause being shown and, without limiting the generality of the foregoing” infringes s. 11( e ) of the Canadian Charter of Rights and Freedoms .   [...]  1. Does s. 515(10) (c) of the Criminal Code , R.S.C. 1985, c. C-46 , infringe s. 11( e ) of the Canadian Charter of Rights and Freedoms ? 2. If Question 1 is answered affirmatively, is the infringement demonstrably justified in a free and democratic society pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 116.

    R. v. L. (D.O.) - [1993] 4 SCR 419 - 1993-11-18

    Supreme Court Judgments
    Constitutional law
    Criminal law

    The court held that s. 715.1 contravened ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms and could not be sustained under s. 1. A new trial was ordered.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) . Convention on the Rights of the Child, Can. T.S. 1992 No. 3, Arts. 1, 19, 34.   [...]  1.Does s. 715.1 of the Criminal Code , R.S.C., 1985, c. C-46 , in whole or in part, limit the rights guaranteed under s. 7 of the Canadian Charter of Rights and Freedoms ? 2.If the answer to the first question is in the affirmative, does s. 715.1 of the Criminal Code , R.S.C., 1985, c. C-46 , constitute a reasonable limit

  • 117.

    Air Canada v. British Columbia - [1989] 1 SCR 1161 - 1989-05-04

    Supreme Court Judgments
    Statutes
    Taxation

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 . Constitution Act, 1867 , ss. 91(2) , 92(2) , (10) (a)   [...]  2.Does the application of the Gasoline Tax Act to Air Canada in the circumstances of this case violate s. 7 of the Canadian Charter of Rights and Freedoms ? 3.If so, is its application justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  2.Does the application of the Gasoline Tax Act to Air Canada in the circumstances of this case violate s. 7 of the Canadian Charter of Rights and Freedoms ? A. No. 3.If so, is its application justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 118.

    Andrews v. Law Society of British Columbia - [1989] 1 SCR 143 - 1989-02-02

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 7 , 15(1) , (2) , 25 , 27 , 32 .   [...]   requirement to be a lawyer in the Province of British Columbia as set out in s. 42 of the Barristers and Solicitors Act, R.S.B.C. 1979, c. 26 infringes or denies the rights guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms , is it justified by s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   requirement to be a lawyer in the Province of British Columbia as set out in s. 42 of the Barristers and Solicitors Act, R.S.B.C. 1979, c. 26 infringes or denies the rights guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms , is it justified by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 119.

    Canada (Attorney General) v. Federation of Law Societies of Canada - 2015 SCC 7 - [2015] 1 SCR 401 - 2015-02-13

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 . Criminal Code , R.S.C. 1985, c. C-46, ss. 83.02 , 83.03 , 462.31 , 488.1 .   [...]   be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? Answer: No. 7. Do ss. 11.1, 33.3, 33.4 or 59.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, infringe s. 8 of the Canadian Charter of Rights and Freedoms ?   [...]  Canadian Charter of Rights and Freedoms 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

  • 120.

    Charkaoui v. Canada (Citizenship and Immigration) - 2007 SCC 9 - [2007] 1 SCR 350 - 2007-02-23

    Supreme Court Judgments
    Constitutional law
    Immigration

    Canadian Charter of Rights and Freedoms , ss. 1 , 6(1) , 7 , 9 , 10( c ) , 11( d ) , 12 , 15 , 24(1) .   [...]  , in whole or in part or through their combined effect, infringe s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  , in whole or in part or through their combined effect, infringe s. 9 of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 121.

    R. v. St‑Onge Lamoureux - 2012 SCC 57 - [2012] 3 SCR 187 - 2012-11-02

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( c ) , (d). Controlled Drugs and Substances Act , S.C. 1996, c. 19, s. 51 .   [...]   (d.1) of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No 2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   (d.1) of the Criminal Code , R.S.C. 1985, c. C-46 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. 2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 122.

    Vann Niagara Ltd. v. Oakville (Town) - 2003 SCC 65 - [2003] 3 SCR 158 - 2003-11-13

    Supreme Court Judgments
    Constitutional law

    — Freedom of expression — Municipal by-law limiting size of billboards — Whether by-law infringes right to freedom of expression — If so, whether infringement justifiable — Canadian Charter of Rights and Freedoms, ss. 1 , 2(b) . Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) .   [...]  2 We agree with MacPherson J.A. that the by‐law limiting the size of signs to 80 square feet (7.5 square meters) infringes s. 2( b ) of the Canadian Charter of Rights and Freedoms but is saved under s. 1 as it minimally impairs the freedom of expression of the respondent.   [...]  No. 1994-142 infringe the right to freedom of expression guaranteed by s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 2. If so, is the infringement a reasonable limit, prescribed by law, as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 123.

    Hodge v. Canada (Minister of Human Resources Development) - 2004 SCC 65 - [2004] 3 SCR 357 - 2004-10-28

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , s. 15(1) . Modernization of Benefits and Obligations Act , S.C. 2000, c. 12 , s. 42(1).   [...]   in s. 2(1) of the Canada Pension Plan , R.S.C. 1985, c. C-8 , infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   of the Canada Pension Plan , R.S.C. 1985, c. C-8 , infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 124.

    Trociuk v. British Columbia (Attorney General) - 2003 SCC 34 - [2003] 1 SCR 835 - 2003-06-06

    Supreme Court Judgments
    Constitutional law

    The British Columbia Supreme Court dismissed the father’s request for a declaration that the legislation violates s. 15(1) of the Canadian Charter of Rights and Freedoms . The Court of Appeal, in a majority judgment, upheld that decision.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) . Constitution Act, 1982 , s. 52 .   [...]  The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

  • 125.

    United States of America v. Ferras; United States of America v. Latty - 2006 SCC 33 - [2006] 2 SCR 77 - 2006-07-21

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 6 , 7 , 24 . Constitution Act, 1982 , s. 52 .   [...]  S.C. 1999, c. 18 , infringe the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  S.C. 1999, c. 18 , infringe the rights and freedoms guaranteed by s. 6 of the Canadian Charter of Rights and Freedoms ? Answer: No. 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?