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1,199 result(s)

  • 151.

    Société des Acadiens v. Association of Parents - [1986] 1 SCR 549 - 1986-05-01

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 1 , 2 , 7 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 24 , 27 .   [...]  The Interpretation of S. 19(2) of the Canadian Charter of Rights and Freedoms 5. The specific Charter provision relied on by the appellants is s. 19(2), which provides:   [...]  Section 16 of the Canadian Charter of Rights and Freedoms declares that "English and French are the official languages of Canada."

  • 152.

    Penetanguishene Mental Health Centre v. Ontario (Attorney General) - 2004 SCC 20 - [2004] 1 SCR 498 - 2004-03-26

    Supreme Court Judgments
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 24(1) . Criminal Code, R.S.C. 1970, c. C-34, s. 542(2).   [...]  1. Does s. 672.54 (c) of the Criminal Code , R.S.C. 1985, c. C-46 , infringe s. 7 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 ?  [...]   (c) 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, as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 153.

    United States of America v. Shulman - 2001 SCC 21 - [2001] 1 SCR 616 - 2001-04-05

    Supreme Court Judgments
    Constitutional law
    Criminal law

    At his extradition hearing, the appellant claimed that his rights under ss. 6 and 7 of the Canadian Charter of Rights and Freedoms were violated by the extradition proceedings and sought additional disclosure.   [...]  Canadian Charter of Rights and Freedoms , ss. 6 , 7 , 24(2) . Criminal Code , R.S.C. 1985, c. C-46 , ss. 465(1) (c) [am. c. 27 (1st Supp.), s. 61], 683(1)(d).   [...]  9 Canadian Charter of Rights and Freedoms 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

  • 154.

    Reference re Public Schools Act (Man.), s. 79(3), (4) and (7) - [1993] 1 SCR 839 - 1993-03-04

    Supreme Court Judgments
    Appeal
    Constitutional law

    relating to the Canadian Charter of Rights and Freedoms being Part I of the Constitution Act, 1982 and The Public Schools Act, c. P250,   [...]  Canadian Charter of Rights and Freedoms , ss. 15 , 23 , 27 . Constitution Act, 1982 , s. 52(1) .   [...]  (a) (i)Does the combined effect of section 79(3) and 79(4) and 79(7) of The Public Schools Act meet Manitoba's Constitutional obligations pursuant to section 23 of the Canadian Charter of Rights and Freedoms , insofar as the number of students entitled to instruction in the minority language is concerned?

  • 155.

    R. v. Smith - [1989] 2 SCR 368 - 1989-09-14

    Supreme Court Judgments
    Constitutional law

    The trial judge ruled that the accused's rights under s. 10( b ) of the Canadian Charter of Rights and Freedoms had not been violated and admitted the statement.   [...]  Canadian Charter of Rights and Freedoms , ss. 10 ( b ) , 24(2) . Authors Cited Jull, Kenneth.   [...]  Canadian Charter of Rights and Freedoms 10. Everyone has the right on arrest or detention

  • 156.

    R. v. Whyte - [1988] 2 SCR 3 - 1988-07-14

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( c ) , (d). Criminal Code, R.S.C. 1906, c. 146, s. 285c [ad. 1921, c. 25, s. 3; rep.   [...]  2. The issue in this appeal is whether this provision infringes the rights of the accused under the Canadian Charter of Rights and Freedoms . 3. Section 11( d ) of the Charter reads: 11. Any person charged with an offence has the right   [...]  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.

  • 157.

    Thomson Newspapers Co. v. Canada (Attorney General) - [1998] 1 SCR 877 - 1998-05-29

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 3 , 33 . Criminal Code , R.S.C., 1985, c. C‐46 , s. 126(1) .   [...]  68 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. Does s. 322.1 of the Canada Elections Act, R.S.C., 1985, c. E-2, as amended, infringe s. 2(b) and/or s. 3 of the Canadian Charter of Rights and Freedoms ? 2. If s. 322.1 of the Canada Elections Act infringes s. 2(b) and/or s. 3 of the Canadian Charter of Rights and Freedoms , is s. 322.1 a reasonable limit prescribed by

  • 158.

    R. v. Frazer - [1993] 2 SCR 866 - 1993-08-12

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( b ) . APPEAL from a judgment of the Ontario Court of Appeal (1992), 8 O.R. (3d) 57, 55 O.A.C. 194, allowing an appeal from a stay of proceedings imposed by Kerr J. and ordering a new trial.   [...]  I have set forth my views on the interplay between ss. 7 and 11( b ) of the Canadian Charter of Rights and Freedoms in my reasons in R. v. Potvin, [1993] 2 S.C.R. 000.   [...]  With respect to appellate delay, for the reasons I stated in R. v. Potvin, [1993] 2 S.C.R. 000, s. 11( b ) of the Canadian Charter of Rights and Freedoms has no application. A remedy may, however, be sought under s. 7 of the Charter .

  • 159.

    R. v. Cassidy - [1989] 2 SCR 345 - 1989-09-14

    Supreme Court Judgments
    Courts
    Criminal law

    The Court also stated constitutional questions as to whether s. 613(4)(b)(ii) of the Code contravened ss. 7 and/or 11(d) of the Canadian Charter of Rights and Freedoms , and if so, whether it was justified under s. 1.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) , 24(1) . Constitution Act, 1982 , s. 52 .   [...]  2.If section 613(4)(b)(ii) is inconsistent with s. 7 and/or s. 11( d ) of the Canadian Charter of Rights and Freedoms , is s. 613(4)(b)(ii) justified under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 160.

    Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401 - 2013 SCC 62 - [2013] 3 SCR 733 - 2013-11-15

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) . Personal Information Protection Act, S.A. 2003, c. P‐6.5, ss. 1(1)(i) “organization”, (k) “personal information”, 3, 4(1), (3)(a), (b), (c), 7(1), 14(d), (e), 17(d), (e), 20(f), (j), (m), 56(2), (3).   [...]  Reg. 366/2003, violate s. 2( b ) of the Canadian Charter of Rights and Freedoms insofar as they restrict a union’s ability to collect, use or disclose personal information during the course of a lawful strike?   [...]  Reg. 366/2003, violate s. 2( b ) of the Canadian Charter of Rights and Freedoms insofar as they restrict a union’s ability to collect, use or disclose personal information during the course of a lawful strike?

  • 161.

    R. v. Ross - [1989] 1 SCR 3 - 1989-01-19

    Supreme Court Judgments
    Constitutional law
    Evidence

    Evidence -- Admissibility -- Bringing administration of justice into disrepute -- Accused's right to counsel infringed -- Accused subsequently identified in a line-up ‐‐ Whether line-up evidence should be excluded under s. 24(2) of the Canadian Charter of Rights and Freedoms . Appellants L and R were charged with breaking   [...]  At trial, appellants' counsel asked that the line‐up evidence be excluded under s. 24(2) of the Canadian Charter of Rights and Freedoms as having been obtained in a manner that infringed their right under s. 10( b ) of the Charter and because the admission of this evidence in the proceedings would bring the administration   [...]  Canadian Charter of Rights and Freedoms , ss. 10 ( b ) , 24(2) . Criminal Code, R.S.C. 1970, c. C-34, s. 453.4 [ad. c. 2 (2nd Supp.), s. 5].

  • 162.

    Corbiere v. Canada (Minister of Indian and Northern Affairs) - [1999] 2 SCR 203 - 1999-05-20

    Supreme Court Judgments
    Aboriginal law
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( d ) , 15(1) , 24(1) , 25 [am. R.S.C., 1985, App. II, No. 46].   [...]  This appeal requires a determination of whether the residence requirement violates s. 15(1) of the Canadian Charter of Rights and Freedoms , and, if so, whether the legislation is justified under s. 1 of the Charter .   [...]  31 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.

  • 163.

    Kindler v. Canada (Minister of Justice) - [1991] 2 SCR 779 - 1991-09-26

    Supreme Court Judgments
    Administrative law
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 12 . Charter of the United Nations, Can. T.S. 1945 No. 7.   [...]  For the reasons that follow, I conclude that it is not contrary to the Canadian Charter of Rights and Freedoms to give the Minister discretion on the question of whether to seek assurances from the requesting state that the death penalty will not be carried out.   [...]  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.

  • 164.

    R. v. Morrisey - 2000 SCC 39 - [2000] 2 SCR 90 - 2000-09-29

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 12 . Corrections and Conditional Release Act , S.C. 1992, c. 20 , ss. 119(1) (c)(i), 120(1) , 121(1) .   [...]  Canadian Charter of Rights and Freedoms 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.   [...]  (2) If the answer to the first question is yes, is the infringement demonstrably justified in a free and democratic society as a reasonable limit pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ? VI. Analysis A. Criminal Negligence Causing Death

  • 165.

    U.F.C.W., Local 1518, v. KMart Canada Ltd. - [1999] 2 SCR 1083 - 1999-09-09

    Supreme Court Judgments
    Constitutional law
    Labour law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) . Constitution Act, 1982 , s. 52(1) .   [...]  In Joseph M. Weiler and Robin M. Elliot, eds., Litigating the Values of a Nation: The Canadian Charter of Rights and Freedoms . Toronto: Carswell, 1986, 211. Weiler, Paul C. Reconcilable Differences: New Directions in Canadian Labour Law. Toronto: Carswell, 1980.   [...]  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.

  • 166.

    R. v. Goltz - [1991] 3 SCR 485 - 1991-11-14

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 12 . Constitution Act, 1982 , s. 52 .   [...]  Gonthier J. -- The issue in the present appeal is whether s. 12 of the Canadian Charter of Rights and Freedoms is violated by the minimum sentence prescribed by s. 88(1)(c) of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, in its application to s. 88(1)(a) and s. 86(1)(a)(ii) of that Act.   [...]  Canadian Charter of Rights and Freedoms 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

  • 167.

    Alberta v. Hutterian Brethren of Wilson Colony - 2009 SCC 37 - [2009] 2 SCR 567 - 2009-07-24

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 15 , 24(1) , 33 . Criminal Code , R.S.C. 1985, c. C‐46 , s. 34 .   [...]  Reg. 137/2003, infringe s. 2( a ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 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 ?   [...]  Reg. 137/2003, infringe s. 15(1) 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 ?

  • 168.

    R. v. Latimer - 2001 SCC 1 - [2001] 1 SCR 3 - 2001-01-18

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 12 , 15(1) . Criminal Code , R.S.C. 1985, c. C‐46 [am. 1995, c. 22, s. 6], ss. 235, 718, 745(c), 745.2, 749.   [...]  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.   [...]   by ss. 235 and 745 (c) of the Criminal Code would be cruel and unusual punishment in violation of s. 12 of the Canadian Charter of Rights and Freedoms ? 2. If the answer to Question 1 is “yes”, can ss. 235 and 745 (c) of the Criminal Code be justified in this case by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 169.

    Reference re Prov. Electoral Boundaries (Sask.) - [1991] 2 SCR 158 - 1991-06-06

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 3 . Constituency Boundaries Commission Act, 1972, S.S. 1972, c. 18, s. 16(1).   [...]   in the Sasketchewan Electoral Boundaries Commission 1988 Final Report, infringe or deny rights or freedoms guaranteed by the Canadian Charter of Rights and Freedoms ? If so, in what particulars? Is any such limitation or denial of rights or freedoms justified by s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   in the Saskatchewan Electoral Boundaries Commission 1988 Final Report, infringe or deny rights or freedoms guaranteed by the Canadian Charter of Rights and Freedoms ? If so, in what particulars? Is any such limitation or denial of rights or freedoms justified by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 170.

    R. v. Brown - [1993] 2 SCR 918 - 1993-08-12

    Supreme Court Judgments
    Constitutional law

    between accused and undercover police officer ‐‐ Accused arguing on appeal that evidence should have been excluded in light of Supreme Court of Canada decision rendered after trial -- Whether accused's rights under s. 7 of Canadian Charter of Rights and Freedoms violated. The accused was convicted of first degree murder.   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 24(2) . APPEAL from a judgment of the Alberta Court of Appeal (1992), 73 C.C.C. (3d) 481, 127 A.R. 89, 20 W.A.C. 89, affirming the accused's conviction by Holmes J. on a charge of first degree murder.   [...]  He now seeks to overturn this conviction on the basis that taped conversations made by an undercover policeman subsequent to his arrest should have been excluded under s. 24(2) of the Canadian Charter of Rights and Freedoms as they were obtained in violation of his right to silence under s. 7 of the Charter .

  • 171.

    R. v. Manninen - [1987] 1 SCR 1233 - 1987-06-25

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Evidence

    instruct lawyer ‐‐ Police continuing questioning notwithstanding accused's wish to remain silent and to consult lawyer ‐‐ Opportunity to telephone lawyer not volunteered to accused ‐‐ Questioning continued in absence of lawyer ‐‐ No urgency ‐‐ Scope of right to lawyer ‐‐ Canadian Charter of Rights and Freedoms, s. 24(2) .   [...]  Canadian Charter of Rights and Freedoms , ss. 10 ( b ) , 24(2) . APPEAL from a judgment of the Ontario Court of Appeal (1983), 43 O.R. (2d) 731, 3 D.L.R. (4th) 541, 8 C.C.C. (3d) 193, 37 C.R. (3d) 162, allowing an appeal from a judgment of Trotter Co. Ct. J. convicting respondent of armed robbery and of use of a fire‐arm   [...]  1. Lamer J.‐‐This appeal raises once again the difficult question of the exclusion of evidence under s. 24(2) of the Canadian Charter of Rights and Freedoms , this time in the context of the right to counsel in s. 10(b).

  • 172.

    Lavallee, Rackel & Heintz v. Canada (Attorney General); White, Ottenheimer & Baker v. Canada (Attorney General); R. v. Fink - 2002 SCC 61 - [2002] 3 SCR 209 - 2002-09-12

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 10( b ) , 11( b ) . Constitution Act, 1982 , s. 52 .   [...]  As a result, it does not infringe either s. 7 or s. 8 of the Canadian Charter of Rights and Freedoms . 53 As Arbour J. states in her reasons, the facts are straightforward and not subject to much interpretation; I need not repeat them.   [...]  It is derived from the evolution of the common law, s. 650(3) of the Criminal Code of Canada and ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms . Lawyers are viewed as playing a critical function in the administration of justice.

  • 173.

    Eldridge v. British Columbia (Attorney General) - [1997] 3 SCR 624 - 1997-10-09

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) , 24(1) , 32 . Code of Federal Regulations, 28 C.F.R. § 35.160 (1997); 28 C.F.R. § 36.303(b) and (c) (1997); 45 C.F.R. § 84.52(c) (1997).   [...]  1. Does the definition of “benefits” in s. 1 of the Medicare Protection Act, S.B.C. 1992, c. 76, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms by failing to include medical interpreter services for the deaf?   [...]  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.

  • 174.

    R. v. Chaulk - [1990] 3 SCR 1303 - 1990-12-20

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 11( d ) . Criminal Code, 1892, S.C. 1892, c. 29, s. 11.   [...]  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 s. 16(4) of the Criminal Code of Canada inconsistent with s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is yes, is s. 16(4) justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 175.

    Association des parents de l’école Rose‑des‑vents v. British Columbia (Education) - 2015 SCC 21 - [2015] 2 SCR 139 - 2015-04-24

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 23 , 24(1) . Authors Cited Bastarache, Michel.   [...]  “Education Rights of Provincial Official Language Minorities (Section 23)”, in G.-A. Beaudoin and E. Ratushny, eds., The Canadian Charter of Rights and Freedoms , 2nd ed. Toronto: Carswell, 1989, 687. Canada.   [...]  “Language Rights and Education”, in G.-A. Beaudoin and E. Mendes, eds., Canadian Charter of Rights and Freedoms , 4th ed. Markham, Ont.: LexisNexis Canada, 2005, 1095.