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  • 226.

    Bulletin of April 25, 1997 - 1997-04-25

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Detention - Search and seizure - Appeal - Whether the police have a power at common law to search persons incident to detention - Whether the search of the Appellant violated s. 8 of the Canadian Charter of Rights and Freedoms - Whether the Court of Appeal erred in   [...]  Constitutional law - Canadian Charter of Rights and Freedoms - Freedom of expression - Election - Referendum - Regulated expenses - National committees - Mandatory affiliation.   [...]  The starting‐point approach, properly understood and applied, does not violate s. 7 of the Canadian Charter of Rights and Freedoms . This approach does not relieve the Crown of its burden of establishing the appropriateness of severe punishments.

  • 227.

    Bulletin of January 28, 1994 - 1994-01-28

    Bulletins

    1. Question:Is s. 16(2) of the Coroners Act, R.S.O. 1980, c. 93, as amended, inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms ? Answer:It is unnecessary to reply to this question.   [...]   Coroners Act, R.S.O. 1980, c. 93, as amended, is inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms , does this provision operate as a reasonable limit, prescribed by law, which is demonstrably justified in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  Constitutional law ‐‐ Charter of Rights ‐‐ Unreasonable search and seizure ‐‐ Coroners Act permitting warrantless seizures by coroners ‐‐ Whether provision violates s. 8 of Canadian Charter of Rights and Freedoms -- Coroners Act, R.S.C. 1980, c. 93, s. 16(2)(a) -- Canadian Charter of Rights and Freedoms, s. 8 .

  • 228.

    Judgments in Appeals / Jugements sur appels - 2004-11-19

    News Releases

    1. Do the definitions of “benefits” and “health care practitioners” in s. 1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, and ss. 17-29 of the Medical and Health Care Services Regulation, B.C. Reg. 426/97, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms by failing to include services for autistic   [...]  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 ? It is unnecessary to answer this question. 3. Do the definitions of “benefits” and “health care practitioners” in s. 1 of the   [...]  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. L’appel interjeté contre l’arrêt de la Cour d’appel de la Colombie‐Britannique

  • 229.

    Bulletin of July 4, 2014 - 2014-07-04

    Bulletins

    Canadian Charter of Rights and Freedoms – Criminal law – Appeals – Whether the Court of Appeal erred in dismissing the application for leave to appeal – Whether there was a violation of s. 15 of the Canadian Charter of Rights and Freedoms .   [...]  – Canadian Charter of Rights and Freedoms ss. 8 and 24(1) . The applicant brought an application to quash the search warrants regarding his work computers.   [...]  Canadian Charter of Rights and Freedoms – Appeals – Whether the Court of Appeal erred in not granting the motion for an extension of time – Whether there was a violation of s. 15 of the Canadian Charter of Rights and Freedoms .

  • 230.

    Bulletin of October 15, 2004 - 2004-10-15

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal Law - Roadside sobriety tests performed without reading Appellant a standard Charter warning and without informing him of the availability of duty counsel and legal aid - Whether the Appellant’s rights under s. 10(b) of the Charter were infringed - If so, whether justified   [...]  Canadian Charter of Rights and Freedoms - S.11(c) - Administrative law - Taxation - Customs and excise - Seizure - Notice of ascertained forfeiture - Customs Act, R.S.C. (1985), c. 1 (2nd suppl .)   [...]  Canadian Charter of Rights and Freedoms - Municipal law - Freedom of expression - Municipality - By-law - Nuisance - Noise - Section 2(b) of the Canadian Charter of Rights and Freedoms - Articles. 9(1) and 11 of the By-law concerning noise of the Ville de Montréal, R B.C.M., c. B-3 (By-law) - Whether articles 9(1) and 11 of

  • 231.

    Bulletin of November 14, 1997 - 1997-11-14

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Extradition - Police - Confessions - Whether the extradition judge erred in finding the confessions of the Applicant to be voluntary in law.   [...]  We conclude that s. 686(4)(b)(ii) does not violate s. 7 of the Canadian Charter of Rights and Freedoms . The final issue raised by the appellant is whether he was entitled to be sentenced by the judge who presided at trial.   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Evidence - Narcotics - Police - Search incidental to arrest - Whether a warrantless search violated s. 8 of the Charter - Whether the evidence was admissible despite a s. 8 Charter violation.

  • 232.

    Bulletin of August 19, 1994 - 1994-08-19

    Bulletins

    Canadian Charter of Rights and Freedoms - Extradition - Criminal law - Statutes - Interpretation - Judicial review - Test for judicial review of the decision of the extradition judge - Whether the Court of Appeal erred in law in concluding that the appropriate standard of review of a committal for extradition, pursuant to   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Pre-trial procedure - Offences - Fisheries - Information - Applicant charged with two counts of unlawful import into Canada of shipment of fish without having provided written notification of the importation of the said shipment to an inspector as required by s.   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Procedural law - Statutes - Interpretation - Offenses - Evidence - Whether the Court of Appeal erred in finding that s. 679(3) (c) of the Criminal Code does not violate ss. 7 or 11( e ) of the Charter - Whether the Court of Appeal erred in finding that the trial judge

  • 233.

    Bulletin of May 20, 1994 - 1994-05-20

    Bulletins

    Constitutional law - Division of powers - Canadian Charter of Rights and Freedoms - Civil rights - Procedural law - Parties - Standing - Municipal law - Schools - Development Charges Act, R.S.O. 1990, c. D.9 - Are persons subject to an education tax entitled to standing to challenge the tax as contrary to the Constitution   [...]  Canadian Charter of Rights and Freedoms - Taxation - Constitutionality of s. 5 of the Real Property Tax Act, R.S.P.E.I. 1988, c. R-5 - Whether ss. 6 and 15 of the Charter provide protection against a provincial taxing statute which taxes non-resident property owners of the province at a rate exceeding that payable by   [...]  4.It is submitted that the evidence obtained subsequent to the infringement of the Appellant's right to counsel should be excluded pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms . Origin of the case:Alberta File No.23585 Judgment of the Court of Appeal:March 22, 1993

  • 234.

    Bulletin of January 29, 1993 - 1993-01-29

    Bulletins

    Canadian Charter of Rights and Freedom - Family law - Statutes - Freedom of religion - Divorce - Custody - Access - Maintenance - Division of property.   [...]  Canadian Charter of Rights and Freedoms - Family law - Custody and visiting rights - Freedom of religion.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Narcotics - Search and seizure - Was information for search warrant sufficient?

  • 235.

    Bulletin of October 14, 2011 - 2011-10-14

    Bulletins

    of The Saskatchewan Human Rights Code, S.S. 1979, c. S‐24.1 infringe s. 2(a) of the Canadian Charter of Rights and Freedoms ? ‐ 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 ?   [...]  ‐ Does s. 14(1)(b) of The Saskatchewan Human Rights Code infringe s. 2(b) of the Canadian Charter of Rights and Freedoms ? ‐ 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 ?   [...]   and 258(1)(d.1) of Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 11( d ) of Canadian Charter of Rights and Freedoms ‐ If so, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society within meaning of s. 1 of Canadian Charter of Rights and Freedoms .

  • 236.

    Bulletin of February 5, 2016 - 2016-02-05

    Bulletins

    paragraph 245(2) of the National Defence Act, R.S.C., 1985, c N-5 violate 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 ?   [...]  paragraph 245(2) of the National Defence Act, R.S.C., 1985, c N-5 violate s. 11(d) of the Canadian Charter of Rights and Freedoms ? 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 ?   [...]  Charter of rights - Arbitrary detention - Remedy - Exclusion of evidence - Criminal law - Whether, given unlawful nature of detention and violation of s. 9 of Canadian Charter of Rights and Freedoms , evidence should be excluded under s. 24(2) of the Charter .

  • 237.

    Bulletin of December 10, 2004 - 2004-12-10

    Bulletins

    2. If the answer to question 1 is yes, is section 1 of the proposal, which extends capacity to marry to persons of the same sex, consistent with the Canadian Charter of Rights and Freedoms ? If not, in what particular or particulars, and to what extent?   [...]  3. Does the freedom of religion guaranteed by paragraph 2( a ) of the Canadian Charter of Rights and Freedoms protect religious officials from being compelled to perform a marriage between two persons of the same sex that is contrary to their religious beliefs?   [...]  2. If the answer to question 1 is yes, is section 1 of the proposal, which extends capacity to marry to persons of the same sex, consistent with the Canadian Charter of Rights and Freedoms ? If not, in what particular or particulars, and to what extent?

  • 238.

    Judgments in Appeals and Leave Applications / Jugements sur appels et demandes d'autorisation - 2009-10-22

    News Releases

    73 of the Charter of the French language, R.S.Q., c. C‐11, infringe s. 23(2) of the Canadian Charter of Rights and Freedoms ? 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 ?   [...]  73 of the Charter of the French language, R.S.Q., c. C‐11, infringe s. 23(2) of the Canadian Charter of Rights and Freedoms ? 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 ?

  • 239.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2009-10-19

    News Releases

    rights ‐ Whether second paragraph of s. 73 of Charter of the French language, R.S.Q., c. C‐11, infringes s. 23(2) of Canadian Charter of Rights and Freedoms ‐ If so, whether infringement is reasonable limit that can be justified in free and democratic society under s. 1 of Canadian Charter of Rights and Freedoms .   [...]   paragraph of s. 73 of Charter of the French language, R.S.Q., c. C‐11, infringes s. 23(2) of Canadian Charter of Rights and Freedoms ‐ If so, whether infringement is reasonable limit prescribed by law as can be demonstrably justified in free and democratic society under s. 1 of Canadian Charter of Rights and Freedoms .

  • 240.

    Judgments in Appeals and Leave Applications / Jugements sur pourvois et demandes d'autorisation - 2002-11-21

    News Releases

    1. Do ss. 51(2) (a) and 51(3) of the Privacy Act , R.S.C. 1985, c. P-21 , as amended, infringe or deny the appellant’s rights or freedoms guaranteed by s. 2( b ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes, as was conceded by the respondent.   [...]  2. If the answer to Question 1 is in the affirmative, are ss. 51(2) (a) and 51(3) of the Privacy Act reasonable limits, prescribed by law, that can be demonstrably justified in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ? Answer: No. Section 51(2)(a) is read down to apply   [...]  3. Does s. 51(3) of the Privacy Act infringe or deny the appellant’s rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: Assuming without deciding that s. 7 applies, the answer is no.

  • 241.

    Bulletin of January 31, 2003 - 2003-01-31

    Bulletins

    of The Gaming Control Local Option (VLT) Act inconsistent with s. 2( b ) of the Canadian Charter of Rights and Freedoms ? Answer: No. (4) If the answer to question 3 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   s. 16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. (6) If the answer to question 5 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  16 of The Gaming Control Local Option (VLT) Act inconsistent with s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. (8) If the answer to question 7 is in the affirmative, is s. 16 of The Gaming Control Local Option (VLT) Act nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 242.

    Bulletin of July 18, 1997 - 1997-07-18

    Bulletins

    Immigration law - Canadian Charter of Rights and Freedoms - Civil - Convention refugee - Minister’s certificate - Inadmissible class described in the anti-terrorism provisions of Immigration Act, R.S.C. 1985, c.I-2 - Whether section 40.1 of the Immigration Act infringes or denies the rights guaranteed by sections 7 , 9 , or  [...]   - Canadian Charter of Rights and Freedoms - Civil Rights - Pensions - Contributions to Canada Pension Plan - Whether the Federal Court of Appeal erred in striking out the Applicant’s Statement of Claim - Whether the Canada Pension Plan violates ss. 7 and 15(1) of the Canadian Charter of Rights and Freedoms and the   [...]   by a transition house did not contravene the Applicant’s right to a fair trial pursuant to sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms and, further, did not justify the order of a judicial stay of proceedings of the trial pursuant to section 24(2) of the Canadian Charter of Rights and Freedoms .

  • 243.

    Bulletin of January 20, 1995 - 1995-01-20

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Sentence - Statutes - Interpretation -Whether the Newfoundland Court of Appeal erred in holding that the application of s. 741.2 of the Criminal Code of Canada to any offence committed prior to the proclamation in force of s. 741.2 violates s. 11(i) of the Canadian   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Police - Seizure - Narcotics - Evidence - Whether the Court of Appeal erred in law in holding that s. 8 of the Canadian Charter of Rights and Freedoms precludes police officers, acting without warrant, from approaching the front or back door of a premises, using   [...]  Canadian Charter of Rights and Freedoms - Freedom of conscience - Taxation - Whether a taxpayer may withhold income tax that is owing on the basis of freedom of conscience.

  • 244.

    Bulletin of April 22, 1994 - 1994-04-22

    Bulletins

    Canadian Charter of Rights and Freedoms - Civil rights - Civil procedure - Actions - Contracts - Costs - Is Charter offended when either the courts or the rules of court do not compensate for the fact that a layperson does not have the specialized knowledge of law and procedures that a lawyer has?   [...]  The challenged provisions of the Criminal Code do not violate the Canadian Charter of Rights and Freedoms . Le pourvoi est rejeté, les juges La Forest, L'Heureux-Dubé et McLachlin sont dissidents.   [...]  Constitutional law - Canadian Charter of Rights and Freedoms - Administrative law - Courts - Jurisdiction - Interpretation - Availability of concurrent jurisdiction.

  • 245.

    Bulletin of May 2, 1997 - 1997-05-02

    Bulletins

    an arbitrator - Whether the Court of Appeal erred in finding that the Supreme Court of British Columbia is not the court of competent jurisdiction according to s. 24 of the Canadian Charter of Rights and Freedoms with respect to the ss. 7 and 11 violations of the Canadian Charter of Rights and Freedoms which have occurred.   [...]   person to make full answer and defence, as guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? 2. If the answer to Question #1 is yes, is the said infringement or denial of the s. 7 right, a reasonable limit which can be demonstrably justified under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   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 ?

  • 246.

    Bulletin of June 2, 1995 - 1995-06-02

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Procedure - Offences - Statutes - Interpretation - Whether "rule against multiple convictions" offended in circumstances - Whether Charter ss. 7, 11(h) infringed.   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Procedural law - Parole - Prerogative writs - Jurisdiction - Evidence.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Food and drugs - Seizure - Evidence - Reasonable expectation of privacy.

  • 247.

    Bulletin of March 31, 1995 - 1995-03-31

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Evidence - Offences - Fraud - Seizure - Whether the Applicant was denied his rights guaranteed under ss. 7 and 10 of the Canadian Charter of Rights and Freedoms in not being granted an adjournment to retain counsel - Whether the trial judge erred in law in allowing   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Sentencing - Right to freedom of expression guaranteed pursuant to s. 2(b) of the Charter - Exclusion of the public from courtroom for sentencing of the accused ordered by the trial judge pursuant to s. 484(1) of the Criminal Code - Whether the Court of Appeal erred   [...]  Criminal law - Extradition - Canadian Charter of Rights and Freedoms , ss. 1 , 6(1) , 7 - Narcotics - Sentencing - Parole - Evidence - Police - Whether the Court of Appeal erred in holding that the decision of the Minister of Justice to order the surrender of the Applicant to the United States authorities pursuant to his

  • 248.

    Judgments to be Rendered in Leave Applications - 2013-02-18

    News Releases

    They alleged that the provision violates s. 2(d) of the Canadian Charter of Rights and Freedoms . The Independent Electricity System Operator (“IESO”) brought a non-construction employer application.   [...]  Canadian Charter of Rights and Freedoms , s. 10 ( b ) — Criminal law — Legal rights — Right to retain and instruct counsel without delay — Remedy for infringement of rights and freedoms — Exclusion of evidence — Whether Court of Appeal attached unreasonable importance to causal link between infringement of applicants’ right  [...]  Applicants acquitted (of offences relating to manufacturing of firearms): all evidence seized because of infringement of s. 10( b ) of Canadian Charter of Rights and Freedoms excluded. January 6, 2012 Quebec Court of Appeal (Montréal)

  • 249.

    Bulletin of May 17, 2002 - 2002-05-17

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Procedure - Appeal - Jurisdiction - Right to a fair trial - Increase in legal aid tariff - Sections 7 and 11( d ) of the Charter - Whether Superior Court’s decision can be appealed to the Supreme Court under s. 40(1) of the Supreme Court of Canada Act - Whether   [...]  Canadian Charter of Rights and Freedoms - Immigration law - Deportation - Stay of deportation order sought - Petition to the United Nations Human Rights Committee under the Optional Protocol to the International Covenant on Civil and Political Rights - Human Rights Committee interim request that deportation be stayed -   [...]  - Did the majority in the Court of Appeal err in finding that the accused’s cross-examination was not irregular with respect to the application of s. 13 of the Canadian Charter of Rights and Freedoms and s. 5 of the Canada Evidence Act? REHEARING NOUVELLE AUDITION

  • 250.

    Judgments to be Rendered in Appeals - 2014-03-17

    News Releases

    of Early Parole Act came into force on March 28, 2011, infringes s. 7 of the Canadian Charter of Rights and Freedoms - If so, whether the infringement is 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 .