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1,199 result(s)

  • 176.

    R. v. Kokesch - [1990] 3 SCR 3 - 1990-11-22

    Supreme Court Judgments
    Constitutional law

    On a voir dire, the trial judge held that the evidence had been obtained in violation of s. 8 of the Canadian Charter of Rights and Freedoms and excluded the evidence pursuant to s. 24(2) of the Charter .   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 8 , 24(2) . Narcotic Control Act, R.S.C. 1970, c. N‐1, ss. 4(2), 6(1), 10(1)(a) [rep.   [...]  Canadian Charter of Rights and Freedoms The provisions of the Charter , relevant to this appeal, are as follows:

  • 177.

    Greater Vancouver Transportation Authority v. Canadian Federation of Students — British Columbia Component - 2009 SCC 31 - [2009] 2 SCR 295 - 2009-07-10

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 15 , 24(1) , 32 . Constitution Act, 1982 , s. 52 .   [...]  1. Does the Canadian Charter of Rights and Freedoms apply, pursuant to section 32 of the Canadian Charter of Rights and Freedoms , to clause 2 and the Standards and Limitations numbered 7 and 9 of the transit authorities’ advertising policies?   [...]  the transit authorities’ advertising policies infringe section 2( b ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 3. 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 ?

  • 178.

    Ontario (Attorney General) v. OPSEU - [1987] 2 SCR 2 - 1987-07-29

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 2 , 3 , 15(1) . Constitution Act, 1867 , ss. 58 ‐70, 82‐87, 91, 92(1), (4), (13).   [...]  3. If ss. 12, 13, 14, 15 and 16 of The Public Service Act, R.S.O. 1970, c. 386 as amended, infringe or deny ss. 2 and 3, and/or 15(1) of the Canadian Charter of Rights and Freedoms , are these sections justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act,   [...]  3. If ss. 12, 13, 14, 15 and 16 of The Public Service Act, R.S.O. 1970, c. 386 as amended, infringe or deny ss. 2 and 3, and/or 15(1) of the Canadian Charter of Rights and Freedoms , are these sections justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act,

  • 179.

    R. v. Finta - [1993] 1 SCR 1138 - 1993-03-24

    Supreme Court Judgments
    Action

    The trial judge found that these provisions did not violate the Canadian Charter of Rights and Freedoms . The jury subsequently acquitted Finta on all counts.   [...]   ss. 7 , 11( a ) , 11( b ) , 11( d ) , 11( g ) , 12 or 15 of the Canadian Charter of Rights and Freedoms ? (2)If the answer to this question is in the affirmative, is s. 7(3.74) of the Criminal Code a reasonable limit in a free and democratic society and justified under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   b ) , 11( d ) , 11( g ) , 12 or 15 of the Canadian Charter of Rights and Freedoms ? (4)If the answer to this question is in the affirmative, is s. 7(3.71) read with s. 7(3.76) of the Criminal Code a reasonable limit in a free and democratic society and justified under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 180.

    Re B.C. Motor Vehicle Act - [1985] 2 SCR 486 - 1985-12-17

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , preamble, ss. 1, 7, 8, 9, 10, 11, 12, 14, 33. Constitutional Act, 1867, ss. 91(27), 92(14).   [...]  Canadian Charter of Rights and Freedoms ; Constitution Act, 1982 : 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. 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.

  • 181.

    R. v. Seaboyer; R. v. Gayme - [1991] 2 SCR 577 - 1991-08-22

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) , 15 , 24(1) , 28 . Constitution Act, 1982 , s. 52 .   [...]  1.Whether s. 246.6 or 246.7 of the Criminal Code is inconsistent with s. 7 or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If s. 246.6 or 246.7 of the Criminal Code is inconsistent with either s. 7 or s. 11( d ) of the Canadian Charter of Rights and Freedoms , whether that inconsistency is justified on the   [...]  Sections 15 and 28 of the Canadian Charter of Rights and Freedoms mirror the values which motivate the intervention of Parliament.

  • 182.

    R. v. Mills - [1999] 3 SCR 668 - 1999-11-25

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 to 14 , 11( d ) , 15(1) , 28 . Constitution Act, 1982 , s. 52 .   [...]  32 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.   [...]  WHEREAS the rights guaranteed by the Canadian Charter of Rights and Freedoms are guaranteed equally to all and, in the event of a conflict, those rights are to be accommodated and reconciled to the greatest extent possible;

  • 183.

    Granovsky v. Canada (Minister of Employment and Immigration) - 2000 SCC 28 - [2000] 1 SCR 703 - 2000-05-18

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15 . Workmen’s Compensation Act, R.S.M. 1970, c. W200.   [...]  16 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.   [...]  (2) If so, does the discrimination come within only such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society under section 1 of the Canadian Charter of Rights and Freedoms , Part I of the Constitution Act, 1982 , being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11?

  • 184.

    R. v. Levogiannis - [1993] 4 SCR 475 - 1993-11-18

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 7 , 11( d ) . Criminal Code, R.S.C. 1970, c. C‐34, s. 140 [en. 1987, c. 24, s. 1].   [...]  1.Does s. 486(2.1) of the Criminal Code violate s. 7 and/or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question one is in the affirmative, is the infringement justified by s. 1 of the Charter ?   [...]  1. Does s. 486(2.1) of the Criminal Code violate s. 7 and/or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2. If the answer to question one is in the affirmative, is the infringement justified by s. 1 of the Charter ?

  • 185.

    R. v. Plant - [1993] 3 SCR 281 - 1993-09-30

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Criminal Code , R.S.C., 1985, c. C‐46 , s. 489 [rep.   [...]  Canadian Charter of Rights and Freedoms 8. Everyone has the right to be secure against unreasonable search or seizure.   [...]  Such considerations may have a place in determining whether improperly obtained evidence may be admitted under s. 24 of the Canadian Charter of Rights and Freedoms , but are problematic at the earlier stage of determining whether rights have been violated.

  • 186.

    R. v. Amway Corp. - [1989] 1 SCR 21 - 1989-01-19

    Supreme Court Judgments
    Constitutional law
    Evidence

    Constitutional law -- Canadian Charter of Rights and Freedoms ‐‐ Evidence -- Compellability -- Right of person charged with an offence not be compelled to be a witness in proceedings against that person in respect of that offence -- Corporation sued civilly for forfeiture under Customs Act ‐‐ Application made to examine   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( c ) , 13 . Civil Evidence Act 1968, (U.K.) 1968, c. 64, ss. 14(1), 16(1)(a).   [...]  2.If the answer to question 1 is in the affirmative, is requiring a corporate defendant to be so examined justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 187.

    Conférence des juges de paix magistrats du Québec v. Quebec (Attorney General) - 2016 SCC 39 - [2016] 2 SCR 116 - 2016-10-14

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 11( d ) . Constitution Act, 1867 , preamble, ss. 92(14), 96, 101.   [...]  (b) section 11( d ) of the Canadian Charter of Rights and Freedoms ? 2. If so, in respect of s. 11( d ) of the Canadian Charter of Rights and Freedoms , 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 Charter ?   [...]  (b) section 11( d ) of the Canadian Charter of Rights and Freedoms ? 4. If so, in respect of s. 11( d ) of the Canadian Charter of Rights and Freedoms , 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 Charter ?

  • 188.

    Canadian Broadcasting Corp. v. Lessard - [1991] 3 SCR 421 - 1991-11-14

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 8 . Criminal Code, R.S.C. 1970, c. C‐34, ss. 185(1)(h), 443(1)(b), (d), (e) [am. 1985, c. 19, s. 69].   [...]  Canadian Charter of Rights and Freedoms 2. Everyone has the following fundamental freedoms:   [...]  Under the Canadian Charter of Rights and Freedoms , that analysis takes place under the rubric of s. 1 of the Charter .

  • 189.

    R. v. Wong - [1990] 3 SCR 36 - 1990-11-22

    Supreme Court Judgments
    Constitutional law
    Criminal law
    Evidence

    He held that the video surveillance was a violation of s. 8 of the Canadian Charter of Rights and Freedoms and excluded the evidence thereby obtained under s. 24(2).   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 9 , 10( b ) , 24(2) . Criminal Code, R.S.C. 1970, c. C-34, s. 178.13(2)(c) [ad.   [...]  LA FOREST J. -- This appeal is concerned with the protection afforded by s. 8 of the Canadian Charter of Rights and Freedoms against the surreptitious video recording of hotel rooms by the police in the absence of judicial authorization.

  • 190.

    Winnipeg Child and Family Services v. K.L.W. - 2000 SCC 48 - [2000] 2 SCR 519 - 2000-10-13

    Supreme Court Judgments
    Constitutional law
    Family law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 24(1) . Child and Family Services Act, R.S.O. 1990, c. C.11, ss. 40(2), (7).   [...]  with, or does it infringe or deny rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? 4. If the answer to this question is yes, is s. 21(1) of The Child and Family Services Act, S.M. 1985-86, c. C-80, as amended, demonstrably justified pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   or does it infringe or deny rights guaranteed by, s. 7 of the Canadian Charter of Rights and Freedoms ? No. 2. If the answer to this question is yes, is s. 21(1) of The Child and Family Services Act, S.M. 1985-86, c. C-80, as amended, demonstrably justified pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 191.

    Rodriguez v. British Columbia (Attorney General) - [1993] 3 SCR 519 - 1993-09-30

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 12 , 15(1) , 24(1) . Constitution Act, 1982 , s. 52(1) .   [...]  1.Does s. 241(b) of the Criminal Code of Canada infringe or deny, in whole or in part, the rights and freedoms guaranteed by ss. 7 , 12 and 15(1) of the Canadian Charter of Rights and Freedoms ? 2.If so, is it justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the   [...]  2.If so, is it justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 192.

    R. v. Decorte - 2005 SCC 9 - [2005] 1 SCR 133 - 2005-02-25

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Since the accused was detained pursuant to the lawful exercise by the First Nations Constables of their power to set up a R.I.D.E. operation just outside the Reserve, the evidence upon which he was convicted was obtained in a manner that did not infringe his right under s. 9 of the Canadian Charter of Rights and Freedoms   [...]  Canadian Charter of Rights and Freedoms , ss. 9 , 24(2) . Criminal Code , R.S.C. 1985, c. C‐46, ss. 2 “peace officer” (c), 145(3), 254.   [...]  Since he was not “arbitrarily detained or imprisoned”, the evidence upon which he was convicted was obtained in a manner that did not infringe his right under s. 9 of the Canadian Charter of Rights and Freedoms . His application to exclude that evidence under s. 24(2) of the Charter was therefore properly dismissed by the

  • 193.

    R. v. Jones - [1991] 3 SCR 110 - 1991-09-26

    Supreme Court Judgments
    Constitutional law
    Criminal law

    For the reasons given in Furtney, the challenged provisions of s. 207 of the Criminal Code are not ultra vires, nor do they offend s. 11( g ) of the Canadian Charter of Rights and Freedoms . The defence of colour of right does not apply to a charge under s. 206(1)(d) of the Code.   [...]   c. C‐46 , infringe or deny the rights guaranteed under ss. 7 or 11( g ) of the Canadian Charter of Rights and Freedoms ? If so, is such non‐publication a reasonable limit prescribed by law demonstrably justified in a free and democratic society and thereby saved by s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  The constitutional questions are answered as they are in Furtney, the sections are neither ultra vires, nor do they offend the Canadian Charter of Rights and Freedoms . The appellants mistaken belief that the Code does not apply to them is no answer to the charges.

  • 194.

    Allsco Building Products Ltd. v. U.F.C.W., Local 1288P - [1999] 2 SCR 1136 - 1999-09-09

    Supreme Court Judgments
    Labour law

    Moreover, an interpretation of s. 104(2) that would see the provision prohibit the peaceful distribution of leaflets would constitute not only an infringement of s. 2( b ) of the Canadian Charter of Rights and Freedoms , but also an infringement that is not saved under s. 1.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) . Industrial Relations Act, R.S.N.B. 1973, c. I-4, ss. 5(4), 104(1), (2), (3).   [...]  9 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.

  • 195.

    R. v. Wiley - [1993] 3 SCR 263 - 1993-09-30

    Supreme Court Judgments
    Constitutional law

    He concluded that the evidence seized by means of the warrant should be excluded pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms since the warrant had been issued on the basis of information obtained through a warrantless perimeter search which was contrary to s. 8 of the Charter .   [...]  Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) . Narcotic Control Act, R.S.C., 1985, c. N‐1, ss. 4(2), 6(1), 10 [rep.   [...]  Canadian Charter of Rights and Freedoms 8. Everyone has the right to be secure against unreasonable search or seizure.

  • 196.

    Cuddy Chicks Ltd. v. Ontario (Labour Relations Board) - [1991] 2 SCR 5 - 1991-06-06

    Supreme Court Judgments
    Administrative law
    Constitutional law

    Administrative law ‐‐ Boards ‐‐ Jurisdiction ‐‐ Board granted power to consider questions of law ‐‐ Whether Board can make constitutional determination regarding its own enabling legislation ‐‐ Canadian Charter of Rights and Freedoms, s. 24(1) ‐‐ Constitution Act, 1982, s. 52 ‐‐ Labour Relations Act, R.S.O. 1980, c. 228,   [...]  On filing the application, the union gave notice that it would request the Board to hold s. 2(b) invalid as being contrary to ss. 2( d ) and 15 of the Canadian Charter of Rights and Freedoms if the employees were found to be agricultural employees.   [...]  Canadian Charter of Rights and Freedoms , ss. 2 ( d ) , 15 , 24(1) . Constitution Act, 1982 , s. 52(1) .

  • 197.

    R. v. Butler - [1992] 1 SCR 452 - 1992-02-27

    Supreme Court Judgments
    Constitutional law
    Criminal law

    In The Canadian Charter of Rights and Freedoms : Commentary. Edited by Walter S. Tarnopolsky and Gérald‐A. Beaudoin.   [...]  b ) of the Canadian Charter of Rights and Freedoms ? 2. If s. 163 of the Criminal Code of Canada, R.S.C., 1985, c. C‐46 , violates s. 2( b ) of the Canadian Charter of Rights and Freedoms , can s. 163 of the Criminal Code of Canada be demonstrably justified under s. 1 of the Canadian Charter of Rights and Freedoms as a   [...]  the Canadian Charter of Rights and Freedoms ? Answer: Yes. 2. If s. 163 of the Criminal Code of Canada, R.S.C., 1985, c. C‐46 , violates s. 2( b ) of the Canadian Charter of Rights and Freedoms , can s. 163 of the Criminal Code of Canada be demonstrably justified under s. 1 of the Canadian Charter of Rights and Freedoms as

  • 198.

    Canada (Prime Minister) v. Khadr - 2010 SCC 3 - [2010] 1 SCR 44 - 2010-01-29

    Supreme Court Judgments
    Constitutional law
    Courts

    — Violation of detainee’s right to liberty and security of person guaranteed by Canadian Charter of Rights and Freedoms — Detainee seeking order that Canada request his repatriation from Guantanamo Bay — Whether remedy sought is just and appropriate in circumstances — Canadian Charter of Rights and Freedoms, s. 24(1) .   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 24(1) . Department of Foreign Affairs and International Trade Act , R.S.C. 1985, c. E‐22 , s. 10 .   [...]  [2] For the reasons that follow, we agree with the courts below that Mr. Khadr’s rights under s. 7 of the Canadian Charter of Rights and Freedoms were violated. However, we conclude that the order made by the lower courts that the government request Mr. Khadr’s return to Canada is not an appropriate remedy for that breach

  • 199.

    R. v. Clay - 2003 SCC 75 - [2003] 3 SCR 735 - 2003-12-23

    Supreme Court Judgments
    Constitutional law

    The accused’s defence largely centred on his contention that the prohibition of the possession of marihuana infringed s. 7 of the Canadian Charter of Rights and Freedoms . This constitutional challenge was dismissed both at trial and on appeal to the Court of Appeal.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 7 . Controlled Drugs and Substances Act , S.C. 1996, c. 19 .   [...]  Canadian Charter of Rights and Freedoms 10 Section 7 of the Charter states: 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.

  • 200.

    Congrégation des témoins de Jéhovah de St-Jérôme-Lafontaine v. Lafontaine (Village) - 2004 SCC 48 - [2004] 2 SCR 650 - 2004-06-30

    Supreme Court Judgments
    Constitutional law
    Municipal law

    Canadian Charter of Rights and Freedoms , s. 2 . Charter of human rights and freedoms, R.S.Q., c. C‐12, s. 3.   [...]   c. A‐19.1, infringe the right to freedom of religion guaranteed by s. 2( a ) of the Canadian Charter of Rights and Freedoms ? 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 ?   [...]  (1) Canadian Charter of Rights and Freedoms 2. Everyone has the following fundamental freedoms: