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1,199 result(s)

  • 126.

    R. v. Oakes - [1986] 1 SCR 103 - 1986-02-28

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 11( d ) . Constitution Act, 1982 , s. 33 .   [...]  Canadian Charter of Rights and Freedoms 11. Any person charged with an offence has the right   [...]  Is s. 8 of the Narcotic Control Act inconsistent with s. 11( d ) of the Canadian Charter of Rights and Freedoms and thus of no force and effect? Answer: Yes. 81. I would, therefore, dismiss the appeal.

  • 127.

    Withler v. Canada (Attorney General) - 2011 SCC 12 - [2011] 1 SCR 396 - 2011-03-04

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15 . Canadian Forces Superannuation Act , R.S.C. 1985, c. C‐17 , s. 60(1) .   [...]   Supplementary Death Benefit Regulations, C.R.C., c. 1360, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? 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 ?   [...]   Canadian Forces Superannuation Regulations, C.R.C., c. 396, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? 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 ?

  • 128.

    Auton (Guardian ad litem of) v. British Columbia (Attorney General) - 2004 SCC 78 - [2004] 3 SCR 657 - 2004-11-19

    Supreme Court Judgments
    Constitutional law

    Constitutional law — Charter of Rights — Equality rights — Appropriate comparator group — Canadian Charter of Rights and Freedoms, s. 15(1) . Constitutional law — Charter of Rights — Fundamental justice — Province not providing for controversial intensive behavioural therapy for preschool-aged autistic children — Whether   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15 , 24(1) . Constitution Act, 1867 .   [...]  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 ? It is unnecessary to answer this question. APPENDIX A

  • 129.

    R. v. T. (A.) - [1990] 2 SCR 304 - 1990-06-28

    Supreme Court Judgments
    Appeal
    Constitutional law

    justice ‐‐ Eligibility for Ontario's alternative measures programme based upon nature of offences charged against young offender -- Admission criteria set out in Ontario's programme not infringing ss. 15(1) and 7 of the Canadian Charter of Rights and Freedoms ‐‐ Young Offenders Act, S.C. 1980‐81‐82‐83, c. 110, s. 4.   [...]  R. v. S.C. and A.T.), allowing the Crown's appeal from a judgment of the Ontario Youth Court granting a stay of proceedings pursuant to s. 24 of the Canadian Charter of Rights and Freedoms . Appeal dismissed. Janet MacEachen, for the appellant.   [...]   7 or s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2. If the admission criteria set out in the Alternative Measures Program designated by the Attorney General for the province of Ontario are inconsistent either with s. 7 or s. 15(1) of the Canadian Charter of Rights and Freedoms , whether that

  • 130.

    R. v. B. (J.) - [1990] 2 SCR 307 - 1990-06-28

    Supreme Court Judgments
    Appeal
    Constitutional law

    justice ‐‐ Eligibility for Ontario's alternative measures programme based upon nature of offences charged against young offender -- Admission criteria set out in Ontario's programme not infringing ss. 15(1) and 7 of the Canadian Charter of Rights and Freedoms ‐‐ Young Offenders Act, S.C. 1980‐81‐82‐83, c. 110, s. 4.   [...]  APPEAL from a judgment of the Ontario Court of Appeal (1988), 31 O.A.C. 230, allowing the Crown's appeal from a judgment of the Ontario Youth Court granting a stay of proceedings pursuant to s. 24 of the Canadian Charter of Rights and Freedoms . Appeal dismissed. Judyth Rekai, for the appellant.   [...]   7 or s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2. If the admission criteria set out in the Alternative Measures Program designated by the Attorney General for the province of Ontario are inconsistent either with s. 7 or s. 15(1) of the Canadian Charter of Rights and Freedoms , whether that

  • 131.

    United Mexican States v. Ortega; United States of America v. Fiessel - 2006 SCC 34 - [2006] 2 SCR 120 - 2006-07-21

    Supreme Court Judgments
    Constitutional law

    The appellants alleged that s. 32(1) (b) infringes s. 7 of the Canadian Charter of Rights and Freedoms because the treaty method does not contain a requirement that the evidence tendered at the committal hearing be certified as available for trial in the requesting state.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 . Extradition Act , S.C. 1999, c. 18 , s. 32(1) (b).   [...]   whole or in part, 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 ?

  • 132.

    Adler v. Ontario - [1996] 3 SCR 609 - 1996-11-21

    Supreme Court Judgments
    Constitutional law

    The trial judge found that the appellants’ religious and equality rights guaranteed under the Canadian Charter of Rights and Freedoms were infringed but that the legislation was justified under s. 1.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 15 , 23 , 27 . Constitution Act, 1867 , ss. 92 , 93(1) , (2) , (3) , (4) .   [...]  Canadian Charter of Rights and Freedoms 2.Everyone has the following fundamental freedoms:

  • 133.

    Egan v. Canada - [1995] 2 SCR 513 - 1995-05-25

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15 . Constitution Act, 1982 , s. 52(1) .   [...]  "Judicial Interpretation of Equality Rights Under the Canadian Charter of Rights and Freedoms : Some Clear and Present Dangers" (1988), 23 U.B.C. L. Rev. 65.   [...]  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.

  • 134.

    R. v. Primeau - [1995] 2 SCR 60 - 1995-04-13

    Supreme Court Judgments
    Constitutional law
    Courts
    Criminal law

    P's counsel filed a motion seeking relief under s. 24(1) of the Canadian Charter of Rights and Freedoms and by means of prohibition. The Saskatchewan Court of Queen's Bench granted the motion and quashed the subpoena, holding that to compel P to testify would violate his rights under s. 7 of the Charter .   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 11( c ) , 13 , 24(1) . Criminal Code , R.S.C., 1985, c. C‐46 , s. 784(1) .   [...]  Ratushny, Ed. "The Role of the Accused in the Criminal Process", in Gérald‐A. Beaudoin and Ed Ratushny, eds., The Canadian Charter of Rights and Freedoms , 2nd ed. Toronto: Carswell, 1989, 451. Warren, Earl.

  • 135.

    R. v. Jobin - [1995] 2 SCR 78 - 1995-04-13

    Supreme Court Judgments
    Constitutional law
    Courts
    Criminal law

    The accused appellants applied to a superior court judge for an order quashing the subpoenas on the ground that their right to silence under s. 7 of the Canadian Charter of Rights and Freedoms would be infringed. The appellants who were not charged also applied to quash the subpoenas.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 13 , 24(1) . Criminal Code , R.S.C., 1985, c. C‐46 , ss. 698 , 699 , 700 [am. c. 27 (1st Supp.), s. 148], 784(1), 813 [idem, s. 180; am. 1991, c. 43, s. 9 (Sch., item 12)].   [...]  However, if compelled to testify, they are entitled to the protection of s. 13 of the Canadian Charter of Rights and Freedoms and s. 5 of the Canada Evidence Act , which, like my colleagues, I find does not infringe the Charter .

  • 136.

    R. v. Jacoy - [1988] 2 SCR 548 - 1988-12-08

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 8 , 10( b ) , 24(2) . Criminal Code, R.S.C. 1970, c. C‐34, s. 618(2)(a) [rep.   [...]  The judge held that the constitutional rights of the appellant under s. 10( b ) of the Canadian Charter of Rights and Freedoms had been infringed and in consequence, that the evidence so obtained should be excluded under s. 24(2) of the Charter as its admission would bring the administration of justice into disrepute.   [...]  Issue 2: The Court of Appeal erred in law by holding that evidence was improperly excluded by the learned trial judge pursuant to section 24(2) of the Canadian Charter of Rights and Freedoms . I Facts 5. On May 2, 1985 at 10:30 a.m. the appellant arrived aboard a United Airlines flight at the Seattle‐Tacoma Airport outside

  • 137.

    Dickson v. Vuntut Gwitchin First Nation - 2024 SCC 10 - 2024-03-28

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms, ss. 1, 3 to 6, 8, 15, 16 to 20, 21, 22, 23, 24, 25, 28, 29, 32.   [...]  “Application of the Canadian Charter of Rights and Freedoms (Ss. 30, 31, 32)”, in Walter S. Tarnopolsky and Gérald‐A. Beaudoin, eds., The Canadian Charter of Rights and Freedoms: Commentary.   [...]  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.

  • 138.

    Ernst v. Alberta Energy Regulator - 2017 SCC 1 - [2017] 1 SCR 3 - 2017-01-13

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 24 . Constitution Act, 1982 , s. 52 .   [...]   Resources Conservation Act, R.S.A. 2000, c. E-10, constitutionally inapplicable or inoperable to the extent that it bars a claim against the regulator for a breach of s. 2( b ) of the Canadian Charter of Rights and Freedoms and an application for a remedy under s. 24(1) of the Canadian Charter of Rights and Freedoms ?   [...]   Resources Conservation Act, R.S.A. 2000, c. E-10, constitutionally inapplicable or inoperable to the extent that it bars a claim against the regulator for a breach of s. 2( b ) of the Canadian Charter of Rights and Freedoms and an application for a remedy under s. 24(1) of the Canadian Charter of Rights and Freedoms ?

  • 139.

    R. v. Rose - [1998] 3 SCR 262 - 1998-11-26

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) , 24(1) . Constitution Act, 1982 , s. 52(1) .   [...]  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.   [...]   he or she is presumed innocent, as guaranteed by s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 4. If the answer to Question #3 is yes, is the said infringement or denial of the s. 11(d) right, a reasonable limit which can be demonstrably justified under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 140.

    R. v. Smith (Edward Dewey) - [1987] 1 SCR 1045 - 1987-06-25

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 7 , 9 , 12 . Constitution Act, 1982 , s. 52 .   [...]  Canadian Charter of Rights and Freedoms Sections 7 , 9 and 12 of the Charter guarantee the following rights:   [...]  The section does not violate ss. 7 , 9 and 12 of the Canadian Charter of Rights and Freedoms . I would, accordingly, dismiss the appeal and answer the constitutional question in the negative.

  • 141.

    Lovelace v. Ontario - 2000 SCC 37 - [2000] 1 SCR 950 - 2000-07-20

    Supreme Court Judgments
    Constitutional law

    to exclude non‐band aboriginal communities from casino proceeds and from participating in the negotiations infringing s. 15(1) of Canadian Charter of Rights and Freedoms . Constitutional law – Charter of Rights – Equality rights – Relationship between ss. 15(1) and 15(2) of Canadian Charter of Rights and Freedoms .   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 15 . Constitution Act, 1867 , s. 91(24) .   [...]  Tarnopolsky, Walter S. “The Equality Rights in the Canadian Charter of Rights and Freedoms ” (1983), 61 Can. Bar Rev. 242. United Nations.

  • 142.

    R. v. Orbanski; R. v. Elias - 2005 SCC 37 - [2005] 2 SCR 3 - 2005-06-16

    Supreme Court Judgments
    Constitutional law
    Professional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 9 , 10 , 24(2) . Criminal Code , R.S.C. 1985, c. C‐46, ss. 253 , 254 .   [...]   society under s. 1 of the Canadian Charter of Rights and Freedoms ? 4. Do the common law powers of a police officer, to the extent that those powers authorize the police officer to administer physical sobriety tests to the driver of a motor vehicle, infringe s. 10( b ) of the Canadian Charter of Rights and Freedoms ?   [...]  In short, the action of the police at the roadside infringed s. 10( b ) of the Canadian Charter of Rights and Freedoms . Neither statute nor common law limited the appellant’s Charter rights.

  • 143.

    R. v. Moriarity - 2015 SCC 55 - [2015] 3 SCR 485 - 2015-11-19

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( f ) . Constitution Act, 1867 , s. 91(7) .   [...]  s. 130(1) (a) of the National Defence Act , R.S.C. 1985, c. N-5 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? No. 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 ?   [...]  Does s. 117 (f) of the National Defence Act , R.S.C. 1985, c. N-5 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? No. 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

  • 144.

    Gosselin (Tutor of) v. Quebec (Attorney General) - 2005 SCC 15 - [2005] 1 SCR 238 - 2005-03-31

    Supreme Court Judgments
    Constitutional law
    Education law

    The appellant parents, who do not qualify as rights holders under s. 73 or under s. 23 of the Canadian Charter of Rights and Freedoms , claim that s. 73 discriminates between children who qualify and the majority of French‐speaking Quebec children who do not, and violates the right to equality guaranteed at ss. 10 and 12 of  [...]  Canadian Charter of Rights and Freedoms , ss. 15(1) , 23 , 25 , 27 , 29 . Charter of Human Rights and Freedoms, R.S.Q., c. C-12, ss. 10, 12.   [...]  Canadian Charter of Rights and Freedoms 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or

  • 145.

    R. v. Grant - [1993] 3 SCR 223 - 1993-09-30

    Supreme Court Judgments
    Constitutional law
    Criminal law

    The trial judge excluded the evidence seized on the ground that the accused's rights under s. 8 of the Canadian Charter of Rights and Freedoms had been violated and acquitted the accused. The Court of Appeal, in a majority judgment, upheld the acquittals.   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Criminal Code, R.S.C. 1970, c. C‐34, s. 443 [am. 1985, c. 19, s. 69].   [...]  Canadian Charter of Rights and Freedoms 8. Everyone has the right to be secure against unreasonable search or seizure.

  • 146.

    Vidéotron Ltée v. Industries Microlec Produits Électroniques Inc. - [1992] 2 SCR 1065 - 1992-09-24

    Supreme Court Judgments
    Civil procedure
    Constitutional law

    Non‐compellability corresponds to the approach adopted in common law, from which the Quebec law of contempt of court derives, and is consistent with the Canadian Charter of Rights and Freedoms , which protects the right against self‐incrimination.   [...]  Canadian Charter of Rights and Freedoms , s. 11 ( c ) . Charter of Human Rights and Freedoms, R.S.Q., c. C‐12, ss. 33, 33.1 [ad. 1982, c. 61, s. 12].   [...]  The non‐compellability of the respondent is also consistent with the Canadian Charter of Rights and Freedoms , which protects the right against self‐incrimination.

  • 147.

    R. v. Holmes - [1988] 1 SCR 914 - 1988-05-26

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 11( d ) . Criminal Code, S.C. 1953‐54, c. 51, s. 295.   [...]  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.   [...]  1.Is section 309(1) of the Criminal Code of Canada inconsistent with s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If so, is s. 309(1) of the Criminal Code of Canada justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 148.

    Meredith v. Canada (Attorney General) - 2015 SCC 2 - [2015] 1 SCR 125 - 2015-01-16

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( d ) . Expenditure Restraint Act , S.C. 2009, c. 2, s. 393, ss. 16 , 35 , 38 , 43 , 44 to 49 , 57 , 62 .   [...]  49 of the Expenditure Restraint Act , S.C. 2009, c. 2, s. 393 , infringe s. 2( d ) 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 ?   [...]   the Expenditure Restraint Act , S.C. 2009, c. 2, s. 393 , infringe s. 2( d ) of the Canadian Charter of Rights and Freedoms ? 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 ?

  • 149.

    R. v. Crawford - [1995] 1 SCR 858 - 1995-03-30

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( c ) . Criminal Code , R.S.C., 1985, c. C‐46 , s. 686(1) (b)(iii).   [...]  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.   [...]  This common law right has acquired new vigour by virtue of its inclusion in s. 7 of the Canadian Charter of Rights and Freedoms as one of the principles of fundamental justice. . . .

  • 150.

    R. v. Skalbania - [1997] 3 SCR 995 - 1997-11-06

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , s. 7 . Criminal Code , R.S.C., 1985, c. C‐46 , ss. 332(1) , 669.2 [ad. c. 27 (1st Supp.), s. 137; am. 1994, c. 44, s. 65], 686(4)(b)(ii) [rep.   [...]  13 We conclude that s. 686(4)(b)(ii) does not violate s. 7 of the Canadian Charter of Rights and Freedoms . 14 The final issue raised by the appellant is whether he was entitled to be sentenced by the judge who presided at trial.   [...]  2. If the answer to Question 1 is “yes”, is the infringement demonstrably justified as a reasonable limit pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?