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2,237 result(s)

  • 1.

    Judgment to be Rendered on Appeal - 2025-07-18

    News Releases

    in s. 7 of Canadian Charter of Rights and Freedoms — If so, whether these infringements can be justified under s. 1 of Canadian Charter of Rights and Freedoms — If infringements are not justified under s. 1, what remedies are most appropriate in this case — Canadian Charter of Rights and Freedoms, ss. 1, 7 —   [...]  However, after entering the convictions, the trial judge determined that the provisions in question were overbroad and that they deprived certain sex workers of the right to security without being in accordance with the principles of fundamental justice, thereby infringing s. 7 of the Canadian Charter of Rights and Freedoms

  • 2.

    News Release - 2025-01-27

    News Releases

    Key milestones, such as the coming into force of the Canadian Charter of Rights and Freedoms in 1982, signalled big changes for the Court. The diversity of the judges on the bench, the use of technology, and the protection of judicial independence have all contributed to the evolution of this important Canadian institution.

  • 3.

    Judgment to be Rendered on Appeal - 2024-07-15

    News Releases

    He sought damages pursuant to s. 24(1) of the Canadian Charter of Rights and Freedoms. Prior to trial, the appellant Attorney General of Canada sought a determination of questions of law, concerning whether the Crown could ever be held liable in damages in respect of the enactment of legislation that is later declared

  • 4.

    Judgment to be Rendered on Appeal - 2024-05-31

    News Releases

    without putting together record or revealing very existence of court proceedings, contrary to open court principle protected by s. 2(b) of Canadian Charter of Rights and Freedoms — Whether, even though police informer privilege is absolute, its unrestrained interpretation may displace constitutional principle of open

  • 5.

    Judgments to be Rendered on Appeals - 2024-04-22

    News Releases

    — Canadian Charter of Rights and Freedoms, s. 11(d) — National Defence Act, R.S.C., 1985, c. N-5, s. 165.21(1)   [...]  — Canadian Charter of Rights and Freedoms, s. 11(d) — National Defence Act, R.S.C., 1985, c. N-5, s. 165.21(1)   [...]  — Canadian Charter of Rights and Freedoms, s. 11(d) — National Defence Act, R.S.C., 1985, c. N-5, s. 165.21(1)

  • 6.

    Judgment to be Rendered on Appeal - 2024-04-16

    News Releases

    Charters of Rights ⸺ Freedom of association ⸺ Labour relations ⸺ Certification ⸺ Association of managers ⸺ Casino ⸺ Definition of employee in Labour Code of province of Quebec ⸺ Whether s. 1(l)(1) of Labour Code infringes s. 2(d) of Canadian Charter of Rights and Freedoms and s. 3 of Charter of human rights and freedoms,

  • 7.

    Judgment to be Rendered on Appeal - 2024-03-21

    News Releases

    with Charter , including whether analogous ground of “aboriginality-residence” rigidly applies in all circumstances of Indigenous governance — Canadian Charter of Rights and Freedoms , ss. 1 , 15 , 25 , 32 . The appellant, Cindy Dickson, is a member of the respondent Vuntut Gwitchin First Nation (“VGFN”) in the Yukon

  • 8.

    Judgment to be Rendered on Appeal - 2024-02-26

    News Releases

    internet protocol (“IP”) addresses to locate residences — Whether reasonable expectation of privacy attaches to IP address — Canadian Charter of Rights and Freedoms , s. 8 . In September 2017, the police commenced an investigation related to the purchase of virtual gift cards with fraudulent credit card information.

  • 9.

    Judgment to be Rendered on Appeal - 2024-01-22

    News Releases

    for stay of proceedings based on residual category, what standing is required to seek remedy in this category through s. 24(1) of Canadian Charter of Rights and Freedoms — Whether Crown can appeal conclusion of judgment that ends proceedings even though Crown specifically asked trial judge to reach such conclusion.

  • 10.

    Judgment to be Rendered in Appeal - 2023-12-04

    News Releases

    were reasonable — Whether there was infringement of right to use French in courts protected by s. 19(1) of Charter and s. 9(1) of OLA — In alternative, whether right to natural justice was breached — Canadian Charter of Rights and Freedoms , ss. 19(1) and 23 — Official Languages Act, R.S.N.W.T. 1988, c. O-1, s. 9(1).

  • 11.

    Bulletin of November 3, 2023 - 2023-11-03

    Bulletins

    The mandatory minimum sentence in s. 172.1(2) (a) of the Criminal Code , R.S.C. 1985, c. C-46 , is inconsistent with s. 12 of the Canadian Charter of Rights and Freedoms , is not saved by s. 1, and is of no force or effect under s. 52 of the Constitution Act, 1982 .   [...]  The mandatory minimum sentence in s. 172.1(2) (b) of the Criminal Code , R.S.C. 1985, c. C-46 , is inconsistent with s. 12 of the Canadian Charter of Rights and Freedoms , is not saved by s. 1, and is of no force or effect under s. 52 of the Constitution Act, 1982 .

  • 12.

    Judgments on Appeals - 2023-11-03

    News Releases

    The mandatory minimum sentence in s. 172.1(2) (a) of the Criminal Code , R.S.C. 1985, c. C-46 , is inconsistent with s. 12 of the Canadian Charter of Rights and Freedoms , is not saved by s. 1, and is of no force or effect under s. 52 of the Constitution Act, 1982 .   [...]  The mandatory minimum sentence in s. 172.1(2) (b) of the Criminal Code , R.S.C. 1985, c. C-46 , is inconsistent with s. 12 of the Canadian Charter of Rights and Freedoms , is not saved by s. 1, and is of no force or effect under s. 52 of the Constitution Act, 1982 .

  • 13.

    Reasons for Judgment to be Rendered on Appeal - 2023-11-03

    News Releases

    alternative measures to the publication ban — Whether the benefits of the publication ban outweigh its negative effects — Whether the Canadian Charter of Rights and Freedoms and the common law require a court issuing a discretionary publication ban to identify the important public interest at risk, to frame the ban

  • 14.

    Judgments to be Rendered on Appeals - 2023-10-30

    News Releases

    demonstrably justified in free and democratic society under s. 1 of Charter — Criminal Code , R.S.C. 1985, c. C-46, s. 172.1(2) (b) — Canadian Charter of Rights and Freedoms , s. 12 . The respondent, H.V., pleaded guilty to a child luring offence committed between July 31 and August 9, 2017, which was prosecuted summarily.   [...]  During sentencing, the respondent argued that the 6-month mandatory minimum sentence provided for in s. 172.1(2) (b) of the Criminal Code , R.S.C. 1985, c. C-46 , was unconstitutional under s. 12 of the Canadian Charter of Rights and Freedoms . In his view, a sentence of imprisonment would be unjustified.

  • 15.

    Bulletin of September 22, 2023 - 2023-09-22

    Bulletins

    At the sentencing hearing, the applicant filed a motion asserting that the cap on the credit for pre-sentence custody at 1.5:1 set out in s. 719(3) and (3.1) of the Criminal Code , R.S.C. 1985, c. C-46 , should be struck down for violating s. 7 of the Canadian Charter of Rights and Freedoms , which the trial judge   [...]  Canadian Charter of Rights and Freedoms — Principles of fundamental justice — Administrative law — Extradition of person claiming refugee status — Extradition judge granting summary judgment and dismissing application to stay extradition proceedings for abuse of process — What are the appropriate threshold and onus in an

  • 16.

    Judgments to be Rendered in Leave Applications - 2023-09-18

    News Releases

    At the sentencing hearing, the applicant filed a motion asserting that the cap on the credit for pre-sentence custody at 1.5:1 set out in s. 719(3) and (3.1) of the Criminal Code , R.S.C. 1985, c. C-46 , should be struck down for violating s. 7 of the Canadian Charter of Rights and Freedoms , which the trial judge   [...]  Canadian Charter of Rights and Freedoms — Principles of fundamental justice — Administrative law — Extradition of person claiming refugee status — Extradition judge granting summary judgment and dismissing application to stay extradition proceedings for abuse of process — What are the appropriate threshold and onus in an

  • 17.

    Bulletin of September 1, 2023 - 2023-09-01

    Bulletins

    to everyone in the province solely on the basis that individuals can or have applied to the government decision maker for reconsideration — Canadian Charter of Rights and Freedoms, ss. 1, 2(a), (b), (c), and (d). After determining that the COVID-19 virus was an immediate and significant risk to public health in the   [...]   an inappropriately subjective limit on the scientific context for their analysis in Oakes — Canadian Charter of Rights and Freedoms, ss. 1, 2(a), (b), (c), and (d). The applicant churches and individuals were charged with contravening COVID-19 regulations put in place by the government of Ontario during the pandemic.   [...]   legislation in Canada can block individual from seeking access to justice, from seeking the right to be heard, and from having their case heard — Canadian Charter of Rights and Freedoms, ss. 7 and 15 — Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 6, 17, 19 — Rules of Civil Procedure, R.R.O., Reg. 194, r. 2.1.01, 56.

  • 18.

    Judgments to be Rendered in Leave Applications - 2023-08-21

    News Releases

    legislation in Canada can block individual from seeking access to justice, from seeking the right to be heard, and from having their case heard — Canadian Charter of Rights and Freedoms , ss. 7 and 15 — Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 6, 17, 19 — Rules of Civil Procedure, R.R.O., Reg. 194, r. 2.1.01, 56.

  • 19.

    Judgments to be Rendered in Leave Applications - 2023-08-08

    News Releases

    to everyone in the province solely on the basis that individuals can or have applied to the government decision maker for reconsideration — Canadian Charter of Rights and Freedoms, ss. 1, 2(a), (b), (c), and (d). After determining that the COVID-19 virus was an immediate and significant risk to public health in the   [...]   an inappropriately subjective limit on the scientific context for their analysis in Oakes — Canadian Charter of Rights and Freedoms, ss. 1, 2(a), (b), (c), and (d). The applicant churches and individuals were charged with contravening COVID-19 regulations put in place by the government of Ontario during the pandemic.

  • 20.

    Bulletin of July 14, 2023 - 2023-07-14

    Bulletins

    was applied for — Whether the balancing of privacy interests against government interests are properly considered under s. 8 or s. 1 of the Canadian Charter of Rights and Freedoms — Whether R. v. Jarvis, 2002 SCC 73, [2002] 3 S.C.R. 757, is the proper framework through which to analyze international sharing of compelled   [...]  The applicant, a resident and citizen of Canada who is also a U.S. citizen, brought an action in the Federal Court claiming that the Impugned Provisions are unconstitutional as they violate ss. 8 and 15 of the Canadian Charter of Rights and Freedoms and are not saved by s. 1. The Federal Court dismissed the constitutional

  • 21.

    Judgments to be Rendered in Leave Applications - 2023-07-10

    News Releases

    was applied for — Whether the balancing of privacy interests against government interests are properly considered under s. 8 or s. 1 of the Canadian Charter of Rights and Freedoms — Whether R. v. Jarvis, 2002 SCC 73, [2002] 3 S.C.R. 757, is the proper framework through which to analyze international sharing of compelled   [...]  The applicant, a resident and citizen of Canada who is also a U.S. citizen, brought an action in the Federal Court claiming that the Impugned Provisions are unconstitutional as they violate ss. 8 and 15 of the Canadian Charter of Rights and Freedoms and are not saved by s. 1. The Federal Court dismissed the constitutional

  • 22.

    Bulletin of July 7, 2023 - 2023-07-07

    Bulletins

    to appear at hearing and not represented at any level of court — Representation Agreement Act, R.S.B.C. 1996, c. 405, ss. 7, 9, 10 — Canadian Charter of Rights and Freedoms , s. 2(d) . Paul Kierans suffers from a serious developmental disability; since 1992, he has resided in a group home (L’Arche of Greater Vancouver).

  • 23.

    Judgment to be Rendered in Leave Application - 2023-07-04

    News Releases

    to appear at hearing and not represented at any level of court — Representation Agreement Act, R.S.B.C. 1996, c. 405, ss. 7, 9, 10 — Canadian Charter of Rights and Freedoms , s. 2(d) . Paul Kierans suffers from a serious developmental disability; since 1992, he has resided in a group home (L’Arche of Greater Vancouver).

  • 24.

    Bulletin of June 30, 2023 - 2023-06-30

    Bulletins

    Languages Act are part of its quasi-judicial functions — Whether administrative tribunal is immune from award of damages where it fulfils duty to consult — Canadian Charter of Rights and Freedoms , s. 24(1) — Official Languages Act , R.S.C. 1985, c. 31 (4th Supp .), ss. 41, 77 — Broadcasting Act , S.C. 1991, c. 11, s. 16 .   [...]  ANIM alleged that the CRTC had not complied with its linguistic duties under the Official Languages Act (“OLA ”) and the Canadian Charter of Rights and Freedoms , and it sought several orders as a remedy. The CRTC moved to strike certain aspects of the application, including ANIM’s claim for damages.

  • 25.

    Judgments to be Rendered in Leave Applications - 2023-06-26

    News Releases

    Languages Act are part of its quasi-judicial functions — Whether administrative tribunal is immune from award of damages where it fulfils duty to consult — Canadian Charter of Rights and Freedoms , s. 24(1) — Official Languages Act , R.S.C. 1985, c. 31 (4th Supp .), ss. 41, 77 — Broadcasting Act , S.C. 1991, c. 11, s. 16 .   [...]  ANIM alleged that the CRTC had not complied with its linguistic duties under the Official Languages Act (“OLA ”) and the Canadian Charter of Rights and Freedoms , and it sought several orders as a remedy. The CRTC moved to strike certain aspects of the application, including ANIM’s claim for damages.