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1,199 result(s)

  • 201.

    R. v. Wittwer - 2008 SCC 33 - [2008] 2 SCR 235 - 2008-06-05

    Supreme Court Judgments
    Constitutional law

    The impugned statement should have been excluded pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms . A statement is tainted by an earlier breach of an accused’s constitutional rights if the breach and the impugned statement can be said to be part of the same transaction or course of conduct.   [...]  Canadian Charter of Rights and Freedoms , s. 24(2) . Criminal Code , R.S.C. 1985, c. C‐46 , s. 151 .   [...]  [4] The interrogating officer knew that the earlier statements had both been obtained in a manner that infringed the appellant’s right to counsel under the Canadian Charter of Rights and Freedoms . He evidently understood as well that his use of the prior statements in this third interrogation would jeopardize the

  • 202.

    R. v. Gallant - [1998] 3 SCR 80 - 1998-10-29

    Supreme Court Judgments
    Constitutional law

    On that date, the new judge granted the motion, holding that the 17‐month sentencing delay violated s. 11( b ) of the Canadian Charter of Rights and Freedoms . The Court of Appeal dismissed the Crown’s appeal.   [...]  Canadian Charter of Rights and Freedoms , s. 11 ( b ) . APPEAL from a judgment of the Prince Edward Island Supreme Court, Appeal Division, [1997] P.E.I.J. No. 12 (QL), dismissing the Crown’s appeal from an order of FitzGerald Prov.   [...]  4 Canadian Charter of Rights and Freedoms 11. Any person charged with an offence has the right

  • 203.

    R. v. Hebert - [1990] 2 SCR 151 - 1990-06-21

    Supreme Court Judgments
    Constitutional law
    Evidence

    Canadian Charter of Rights and Freedoms , ss. 7 , 10( b ) , 24(2) . Criminal Code, R.S.C. 1970, c. C‐34, s. 303 [am. 1972, c. 13, s. 70].   [...]  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.   [...]  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.

  • 204.

    Edmonton Journal v. Alberta (Attorney General) - [1989] 2 SCR 1326 - 1989-12-21

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , being Part 1 of the Constitution Act, 1982 ; AND IN THE MATTER OF sections 25 and 30 of   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 8 , 15 . Criminal Code , R.S.C., 1985, c. C‐46 , s. 166 .   [...]  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.

  • 205.

    Vriend v. Alberta - [1998] 1 SCR 493 - 1998-04-02

    Supreme Court Judgments
    Action
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) , 24(1) , 32(1) , 33 . Canadian Human Rights Act , R.S.C., 1985, c. H-6 , s. 3(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.   [...]  The Canadian Charter of Rights and Freedoms was not adopted by the provinces to promote the federal extraction of subsidiary legislation from them but only to police it once it is proclaimed ‐‐ if it is proclaimed” (pp. 25 and 28).

  • 206.

    R. v. Moore - [1992] 1 SCR 619 - 1992-02-28

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Constitutional law ‐‐ Charter of Rights ‐‐ Court of competent jurisdiction ‐‐ Preliminary inquiry ‐‐ Judge presiding at preliminary inquiry having no jurisdiction to decide whether legislation violates Canadian Charter of Rights and Freedoms ‐‐ Criminal Code, R.S.C., 1985, c. C‐46, s. 279(3) .   [...]  Criminal law ‐‐ Preliminary inquiry ‐‐ Jurisdiction ‐‐ Judge presiding at preliminary inquiry having no jurisdiction to decide whether legislation violates Canadian Charter of Rights and Freedoms ‐‐ Criminal Code, R.S.C., 1985, c. C‐46, s. 279(3) .   [...]  Canadian Charter of Rights and Freedoms . Criminal Code , R.S.C., 1985, c. C‐46 , s. 279(3) .

  • 207.

    International Longshoremen's and Warehousemen's Union -- Canada Area Local 500 v. Canada - [1994] 1 SCR 150 - 1994-01-31

    Supreme Court Judgments
    Constitutional law

    Constitutional law ‐‐ Charter of Rights ‐‐ Freedom of association ‐‐ Right to strike ‐‐ Back‐to‐work legislation not violating s. 2(d) of Canadian Charter of Rights and Freedoms ‐‐ Maintenance of Ports Operations Act, 1986, S.C. 1986, c. 46 .   [...]  Constitutional law ‐‐ Charter of Rights ‐‐ Life, liberty and security of the person ‐‐ Right to strike ‐‐ Back‐to‐work legislation not violating s. 7 of Canadian Charter of Rights and Freedoms ‐‐ Maintenance of Ports Operations Act, 1986, S.C. 1986, c. 46 .   [...]  Canadian Charter of Rights and Freedoms , ss. 2 ( d ) , 7 . APPEAL from a judgment of the Federal Court of Appeal, [1992] 3 F.C. 758, 96 D.L.R. (4th) 513, 148 N.R. 106, 14 C.R.R. (2d) 362, 92 CLLC ¶14, 054, dismissing the appeal and allowing the cross‐appeal from a judgment of Rouleau J., [1990] 2 F.C. 449, 69 D.L.R. (4th)

  • 208.

    Comité paritaire de l'industrie de la chemise v. Potash; Comité paritaire de l'industrie de la chemise v. Sélection Milton - [1994] 2 SCR 406 - 1994-06-23

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 8 , 33 . Charter of Human Rights and Freedoms, R.S.Q., c. C‐12, ss. 8, 24.1 [en. 1982, c. 61, s. 7].   [...]   respecting Collective Agreement Decrees, R.S.Q., c. D‐2, which confer powers of inspection inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms ? Answer:No. 2.If the answer to question 1 is in the affirmative, are these provisions justified pursuant to s. 1 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.

  • 209.

    P. (D.) v. S. (C.) - [1993] 4 SCR 141 - 1993-10-21

    Supreme Court Judgments
    Constitutional law
    Family law

    ‐‐ Family law dispute ‐‐ Court order prohibiting access parent from continually indoctrinating child in Jehovah's Witness religion and involving her in their activities ‐‐ Whether Canadian Charter of Rights and Freedoms applies to court order in family law matter ‐‐ Canadian Charter of Rights and Freedoms, s. 32 .   [...]  It is therefore not vague within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms . Nor is this criterion vague within the meaning of s. 7 of the Charter since it provides a sufficient guide and an adequate basis on which to found a judicial debate.   [...]   set out in s. 15 of the Canadian Charter of Rights and Freedoms ? No. 4.If the answer to question 3 is affirmative, are arts. 653 and 654 of the Civil Code of Quebec, and art. 30 of the Civil Code of Lower Canada, justified as reasonable limits by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not

  • 210.

    R. v. Darrach - 2000 SCC 46 - [2000] 2 SCR 443 - 2000-10-12

    Supreme Court Judgments
    Constitutional law

    Constitutional law ‐‐ Charter of Rights ‐‐ Self‐incrimination ‐‐ Voir dire – Whether s. 13 of Canadian Charter of Rights and Freedoms protecting accused against self‐incrimination on voir dire – Criminal Code, R.S.C., 1985, c. C‐46, s. 276.2 .   [...]  3 The accused challenges the constitutionality of parts of s. 276 under the Canadian Charter of Rights and Freedoms and the way in which they were interpreted by the trial judge.   [...]  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.

  • 211.

    Baron v. Canada - [1993] 1 SCR 416 - 1993-01-21

    Supreme Court Judgments
    Taxation

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 11( d ) , 15 . Combines Investigation Act, R.S.C. 1970, c. C‐23, s. 10(1).   [...]  B. Canadian Charter of Rights and Freedoms 8. Everyone has the right to be secure against unreasonable search or seizure.   [...]  Secondly, the enactment of the Canadian Charter of Rights and Freedoms (although admittedly not relevant to this case because of its date of origin) conferred on the courts another truly crucial role: the defense of basic individual liberties and human rights against intrusions by all levels and branches of government.

  • 212.

    R. v. Downey - [1992] 2 SCR 10 - 1992-05-21

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 11( d ) . Criminal Code , R.S.C. 1927, c. 36, ss. 216(1)(i), 238(j), 239.   [...]  Cromwell, Thomas A. "Proving Guilt: The Presumption of Innocence and the Canadian Charter of Rights and Freedoms ". In William H. Charles, Thomas A. Cromwell and Keith B. Jobson, eds., Evidence and the Charter of Rights and Freedoms.   [...]  At issue on this appeal is whether the evidential burden thus placed on an accused contravenes the right to be presumed innocent set forth in s. 11( d ) of the Canadian Charter of Rights and Freedoms . If the impugned section does infringe s. 11( d ) of the Charter it must be determined whether it can be justified pursuant

  • 213.

    R. v. Lippé - [1991] 2 SCR 114 - 1990-12-05

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 11( d ) , 32 . Charter of Human Rights and Freedoms, R.S.Q., c. C‐12, s. 23 [am. 1982, c. 17, s. 42].   [...]  Canadian Charter of Rights and Freedoms 11. Any person charged with an offence has the right   [...]  Secondly, the enactment of the Canadian Charter of Rights and Freedoms ... conferred on the courts another truly crucial role: the defense of basic individual liberties and human rights against intrusions by all levels and branches of government.

  • 214.

    Dubois v. The Queen - [1985] 2 SCR 350 - 1985-11-21

    Supreme Court Judgments
    Constitutional law
    Criminal law

    At the second trial, held after the proclamation of the Canadian Charter of Rights and Freedoms , the Crown introduced as evidence appellant's testimony given voluntarily at his first trial.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 11( c ) , (d), 13 , 24 . Criminal Code, R.S.C. 1970, c. C‐34, ss. 469, 613(1)(b)(iii).   [...]  Ratushny, E. "The Role of the Accused in the Criminal Process" in The Canadian Charter of Rights and Freedoms , W. Tarnopolsky and G.‐A. Beaudoin (eds.), Toronto, Carswells, 1982.

  • 215.

    R. v. Williamson - 2016 SCC 28 - [2016] 1 SCR 741 - 2016-07-08

    Supreme Court Judgments
    Constitutional law

    [1] The respondent, Mr. Williamson, says his right to be tried within a reasonable time under s. 11( b ) of the Canadian Charter of Rights and Freedoms was infringed. The trial judge found no s. 11(b) infringement.   [...]  As this Court has stated repeatedly, all accused persons — even those charged with heinous criminal offences — benefit from the guarantees of the Canadian Charter of Rights and Freedoms . [42] For the foregoing reasons, I would dismiss the appeal.   [...]  The court concluded that, contrary to the view of the trial judge, Mr. Williamson’s right under the Canadian Charter of Rights and Freedoms to a trial within a reasonable time had been violated.

  • 216.

    Dehghani v. Canada (Minister of Employment and Immigration) - [1993] 1 SCR 1053 - 1993-03-25

    Supreme Court Judgments
    Constitutional law
    Immigration

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 to 14 , 10( b ) , 24(2) . Federal Court Act , R.S.C., 1985, c. F‐7 , s. 28 .   [...]  Iacobucci J. -- This appeal concerns the scope of ss. 10( b ) and 7 of the Canadian Charter of Rights and Freedoms as they apply to refugee claimants entering Canada.   [...]  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.

  • 217.

    R. v. DeSousa - [1992] 2 SCR 944 - 1992-09-24

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) . Criminal Code, R.S.C. 1970, c. C‐34 [am. 1980‐81‐82‐83, c. 125, s. 19], ss. 245.1(2), 245.3.   [...]  1.Does s. 269 of the Criminal Code violate s. 7 or 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is "yes", then is s. 269 of the Code a reasonable limit justified by s. 1 of the Charter ?   [...]  1.Does s. 269 of the Criminal Code violate s. 7 or 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2.If the answer to question 1 is "yes", then is s. 269 of the Code a reasonable limit justified by s. 1 of the Charter ?

  • 218.

    R. v. Kuldip - [1990] 3 SCR 618 - 1990-12-07

    Supreme Court Judgments
    Constitutional law
    Evidence

    Constitutional law ‐‐ Charter of Rights ‐‐ Self‐incrimination ‐‐ Retrial ‐‐ Cross‐examination of accused at a new trial on his testimony given at a previous trial for purpose of impeaching his credibility ‐‐ Whether cross‐examination infringed s. 13 of the Canadian Charter of Rights and Freedoms . Evidence ‐‐   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 13 . Criminal Code, R.S.C. 1970, c. C‐34, s. 233(2).   [...]   trial on the same charge for any purpose infringes or denies the right guaranteed in s. 13 of the Canadian Charter of Rights and Freedoms ? 2.If so, is such cross-examination justified on the basis of s. 1 of the Canadian Charter of Rights and Freedoms and, therefore, not inconsistent with the Constitution Act, 1982 ?

  • 219.

    R. v. Pozniak - [1994] 3 SCR 310 - 1994-09-29

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 10 ( b ) , 24(2) . Criminal Code , R.S.C., 1985, c. C‐46 , s. 253 (b) [rep.   [...]  They concern disclosure of available duty counsel systems under the information component of s. 10( b ) of the Canadian Charter of Rights and Freedoms and exclusion of evidence under s. 24(2) of the Charter .   [...]  Gonthier J. (dissenting) -- I share the views of the Chief Justice as to the scope of the obligation of the police regarding disclosure upon arrest or detention of existing and available duty counsel services and his conclusion that the appellant's rights under s. 10( b ) of the Canadian Charter of Rights and Freedoms have

  • 220.

    R. v. A - [1990] 1 SCR 995 - 1990-02-15

    Supreme Court Judgments
    Constitutional law

    Constitutional law -- Charter of Rights -- Remedies -- Witness compelled to testify in a criminal trial fearing for the security of his parents living outside the country -- Whether a remedy under s. 24(1) of the Canadian Charter of Rights and Freedoms is available to persons living outside Canada. A has been subpoenaed to   [...]  Canadian Charter of Rights and Freedoms , ss. 7 , 24(1) . Supreme Court Act , R.S.C., 1985, c. S‐26 , s. 40(1) .   [...]  (2)"...any other remedy which is just and appropriate in the circumstances of a violation of a Charter right", i.e. an order under s. 24(1) of the Canadian Charter of Rights and Freedoms . The judge of first instance refused the relief sought, stating:

  • 221.

    Smith v. Canada (Attorney General) - 2001 SCC 88 - [2001] 3 SCR 902 - 2001-12-07

    Supreme Court Judgments
    Constitutional law

    Constitutional law -- Charter of Rights -- Mobility rights -- Unemployment insurance legislation disentitling unemployment insurance claimants from receiving benefits while outside Canada -- Legislation not infringing claimants’ mobility rights -- Canadian Charter of Rights and Freedoms, s. 6(1) -- Unemployment Insurance   [...]  Canadian Charter of Rights and Freedoms , ss. 6(1) , 8 . APPEAL from a judgment of the Federal Court of Appeal (2000), 252 N.R. 172, 73 C.R.R. (2d) 196, [2000] F.C.J. No. 174 (QL), dismissing an application for judicial review from a decision of an Umpire, CUB‐44824, dismissing a claimant’s appeal from a decision of the   [...]  2 As in R. v. Plant, [1993] 3 S.C.R. 281, there was no violation of s. 8 of the Canadian Charter of Rights and Freedoms on the facts of this case. We conclude that the appellant cannot be said to have held a reasonable expectation of privacy in relation to the disclosed portion of the E-311 Customs Information which

  • 222.

    Thibaudeau v. Canada - [1995] 2 SCR 627 - 1995-05-25

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15 . Civil Code of Lower Canada, art. 30.   [...]  rights guaranteed by s. 15 of the Canadian Charter of Rights and Freedoms ? 2.If s. 56(1)(b) of the Income Tax Act, S.C. 1970-71-72, c. 63, infringes the equality rights guaranteed by s. 15 of the Canadian Charter of Rights and Freedoms is it justified in the context of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  2.If s. 56(1)(b) of the Income Tax Act, S.C. 1970-71-72, c. 63, infringes the equality rights guaranteed by s. 15 of the Canadian Charter of Rights and Freedoms is it justified in the context of s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 223.

    Sinclair v. Quebec (Attorney General) - [1991] 3 SCR 134 - 1991-10-09

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms ? 3.Does the procedure followed in enacting the Act respecting the cities of Rouyn and Noranda contravene the principles of natural justice or fundamental justice guaranteed by s. 23 of the Charter of Human Rights and Freedoms and s. 7 of the Canadian Charter of Rights and Freedoms ?   [...]  a)the right guaranteed to the appellants by s. 3 of the Charter of Human Rights and Freedoms as well as by s. 2( d ) of the Canadian Charter of Rights and Freedoms ; b)the right of every person "to peaceful enjoyment and free disposition of his property" guaranteed to the appellants by s. 6 of the Charter of Human Rights   [...]  5.Does the Act respecting the cities of Rouyn and Noranda contravene the principle of an individual's entitlement to equal protection of the law as declared in and guaranteed by the 2nd paragraph of the preamble to the Charter of Human Rights and Freedoms and pursuant to s. 15 of the Canadian Charter of Rights and Freedoms

  • 224.

    Gosselin v. Québec (Attorney General) - 2002 SCC 84 - [2002] 4 SCR 429 - 2002-12-19

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( d ) , 3 , 7 , 8 to 14 , 11( b ) , (d), (f), 12 , 15 , 23 , 24(1) , 33(1) , (3) .   [...]  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.   [...]  B. Canadian Charter of Rights and Freedoms 202 The appellant advances arguments relating to both s. 7 and s. 15 of the Charter.

  • 225.

    Harvey v. New Brunswick (Attorney General) - [1996] 2 SCR 876 - 1996-08-22

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 3 , 4 , 12 , 15 , 32 , 33 . Commonwealth Electoral Act 1918 (Aus.), No. 27 of 1918.   [...]  infringe or deny in whole or in part the rights and freedoms guaranteed by s. 3 of the Canadian Charter of Rights and Freedoms ? 2. Do the disqualifications prescribed by s. 119(c) of the Elections Act   [...]  Sections 1 and 3 of the 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.