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2,237 result(s)

  • 251.

    Judgments in Appeals, Motions for Rehearing and Leave Applications / Jugements sur appels, requêtes en nouvelle audition et demandes d'autorisation - 2004-10-28

    News Releases

    of the Canada Pension Plan , R.S.C. 1985, c. C-8 , infringe s. 15(1) 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 ?   [...]   the Public Sector Restraint Act, S.N. 1991, c. 3, infringe s. 15(1) 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 ?

  • 252.

    Appeals Heard / Appels entendus - 2004-10-14

    News Releases

    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 .)   [...]   of s. 11(c) of the Canadian Charter of Rights and Freedoms - Whether the Federal Court of Appeal erred in law in finding that the notice of ascertained forfeiture provided for in s. 124 of the Customs Act is not a true penal consequence within the meaning of the test established in R. V. Wigglesworth, [1987] 2 S.C.R.   [...]  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

  • 253.

    News release of January 21, 1999 - 1999-01-21

    News Releases

    1. Does s. 231.4 of the Income Tax Act, R.S.C. 1952, c. 148 as amended restrict rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? The answer is no. 2. If so, can these restrictions be demonstrably justified in a free and democratic society under s.1 of the Canadian Charter of Rights and Freedoms ?   [...]  3. Does s. 231.4 of the Income Tax Act, R.S.C. 1952, c. 148 as amended restrict the right guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms ? The answer is no. 4. If so, can these restrictions be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms

  • 254.

    Bulletin of December 13, 2013 - 2013-12-13

    Bulletins

    (Money Laundering) and Terrorist Financing Act , S.C. 2000, c. 17, 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 ?   [...]   Laundering) and Terrorist Financing Regulations, SOR/2002-184, infringe s. 7 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 ?   [...]   Laundering) and Terrorist Financing Regulations, SOR/2002-184, infringe s. 8 of the Canadian Charter of Rights and Freedoms ? 8. 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 ?

  • 255.

    Bulletin of January 16, 1998 - 1998-01-16

    Bulletins

    (e) of the definition of «employee» at s. 2 of the Public Service Staff Relations Act infringe or deny the appellant’s freedom of expression guaranteed in s. 2( b ) of the Canadian Charter of Rights and Freedoms ? (2) Do s. 6 (formerly 109(4)) of the Canada Labour Code and para.   [...]  (e) of the definition of «employee» at s. 2 of the Public Service Staff Relations Act infringe or deny the appellant’s freedom of association guaranteed in s. 2( d ) of the Canadian Charter of Rights and Freedoms ? (3) Do s. 6 (formerly 109(4)) of the Canada Labour Code and para.   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Unreasonable Delay - Charges stayed - Whether the Court of Appeal erred by merely substituting its decision, with no supporting reasons, for that of the trial judge - Whether the Court of Appeal erred by failing to recognize the guidelines set out by this Court to

  • 256.

    Bulletin of December 11, 1992 - 1992-12-11

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Evidence - Offences - Interpretation - Applicant police officer prohibited from possessing firearms - Whether s. 100(1) of the Criminal Code infringes s. 12 of the Canadian Charter of Rights and Freedoms - Whether if, as applied to the Applicant, section 100(1)   [...]  Criminal law - Evidence - Canadian Charter of Rights and Freedoms - Trial - Narcotics - Was employment of Applicant's former lawyer as informer an abuse of process?   [...]  Canadian Charter of Rights and Freedoms - Municipal law - Administrative law - Criminal law - Statutes - Statutory instruments - Interpretation - Freedom of expression - Municipal by-laws regulating street vending.

  • 257.

    Appeals Heard / Appels entendus - 2003-11-05

    News Releases

    - Whether s. 672.54(c) of the Criminal Code , R.S.C. 1985, c. C‐46 , infringes s. 7 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 ?   [...]   the accused’s detention - Whether s. 672.54(c) of the Criminal Code infringes s. 7 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 ?

  • 258.

    Appeals Heard / Appels entendus - 2000-12-08

    News Releases

    Constitutional law - Canadian Charter of Rights and Freedoms - Criminal law - Assault - Jury secrecy rules - Whether the common law exclusionary rule precluding the admission of evidence relating to the deliberations of a jury infringes the rights and freedoms guaranteed by s. 7, s. 11(d) and/or s. 11( f ) of the Canadian   [...]  - Whether s. 649 of the Criminal Code , R.S.C., 1985, c. C-46 , infringes the rights and freedoms guaranteed by s. 7, s. 11(d) and/or s. 11( f ) of the Canadian Charter of Rights and Freedoms - If so, is it justified pursuant to s. 1? The Appellant, Bradley Sawyer, was convicted with his co-accused of assault causing bodily  [...]  Canadian Charter of Rights and Freedoms - Criminal law - Trial - Jury secrecy - Mistrial - Abuse of process - Whether s. 649 of the Criminal Code infringes the rights guaranteed by ss. 7 , 11( d ) or 11(f) of the Charter - Whether the common law exclusionary rule, precluding the admission of evidence relating to the

  • 259.

    Bulletin of November 27, 2009 - 2009-11-27

    Bulletins

    This Court’s decision in Health Services, which recognized that the freedom of association protected by s. 2( d ) of the Canadian Charter of Rights and Freedoms includes a procedural right to collective bargaining, is of no assistance here.   [...]  A, infringes s. 2( d ) 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 ‐ Whether the Agricultural Employees Protection Act,   [...]  A, infringes s. 15 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 .

  • 260.

    Judgments to be Rendered in Appeals / Prochains jugements sur pourvois - 2002-12-16

    News Releases

    Constitutional law - Canadian Charter of Rights and Freedoms - Equality rights - Marital status - Family law - Unmarried cohabitants - Division of property - Whether Court of Appeal erred in the interpretation and application of s. 15(1) of the Charter by declaring s. 2(g) of the Matrimonial Property Act, R.S.N.S. 1989, c.   [...]  According to the Appellant, this provision violated her right to equality and her right to security of the person protected by ss. 15(1) and 7 of the Canadian Charter of Rights and Freedoms . Furthermore, the Appellant argued that s. 29(a) violated s. 45 of the Charter of Human Rights and Freedoms, R.S.Q., c. C-12.   [...]  Canadian Charter of Rights and Freedoms - Freedom of expression - Slander - Defence and limits - Right to dissent - Quebec Charter of Human Rights and Freedoms - Interference with reputation - Right to information - Procedure - Principles governing intervention by appellate court - Crown - Immunity and privileges - Immunity

  • 261.

    Judgments in Appeals / Jugements sur pourvois - 2002-11-15

    News Releases

    The first deals with the finding that certain provisions of the Act infringed s. 2( b ) of the Canadian Charter of Rights and Freedoms . The second deals with whether the impugned provisions could be saved under s. 1 and included an amendment to the first reasons for judgment clarifying that it was only s. 51(2)( a ) and   [...]  Canadian Charter of Rights and Freedoms - Taxation - Self-incrimination - Assessment - Income tax audit conducted pursuant to Income Tax Act - Statutorily compelled evidence obtained from audit used against taxpayer - Whether Respondent is precluded under the Charter from tendering statutorily compelled evidence in a   [...]  The Appellant was not informed by the auditors of any concern about tax evasion or about any rights he might have under the Canadian Charter of Rights and Freedoms in relation to the inquiries being made of him. On January 18, 1996, the Appellant’s file was referred to the Special Investigations unit (which dealt with

  • 262.

    Bulletin of May 14, 1993 - 1993-05-14

    Bulletins

    2. If the answer to question one is yes, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society and as required by s. 1 of the Canadian Charter of Rights and Freedoms ? 2. Si la réponse à cette question est affirmative, cette atteinte constitue-t-elle une   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Statutes - Interpretation of s. 241 of the Criminal Code - "Physician assisted" suicide.   [...]  1.Does section 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

  • 263.

    Bulletin of October 3, 1997 - 1997-10-03

    Bulletins

    Canadian Charter of Rights and Freedoms - Civil - Torts - Damages - Procedural law - Civil Procedure - Applicant’s action for damages for the failure to provide him with the appropriate municipal assistance dismissed as being an abuse of process - Whether the judge erred in dismissing the Applicant’s action - Whether the   [...]  The trial judge found the search unreasonable contrary to s. 8 of the Canadian Charter of Rights and Freedoms , excluded the evidence of the clothing under s. 24(2), and acquitted the accused.   [...]   Court of Appeal err in holding that section 322.1 of the Canada Elections Act constitutes a reasonable limit of section 2(b) of the Canadian Charter of Rights and Freedoms ? - Did the Ontario Court of Appeal err in holding that the infringement was justified under section 1 of the Canadian Charter of Rights and Freedoms ?

  • 264.

    Agenda - 2019-03-08

    News Releases

    It held that, under s. 11( i ) of the Canadian Charter of Rights and Freedoms , an accused has a right to the benefit of the lesser punishment that applied during the period between the commission of the offence and sentencing.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Offences - Constitutional law - Military offences - Right to jury - Whether s. 130(1)(a) of National Defence Act , R.S.C. 1985, c. N-5 , violates s. 11(f) of Canadian Charter of Rights and Freedoms .   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Offences - Constitutional law - Military offences - Right to jury - Whether s. 130(1)(a) of National Defence Act , R.S.C. 1985, c. N-5 , violates s. 11(f) of Canadian Charter of Rights and Freedoms .

  • 265.

    Agenda - 2017-10-23

    News Releases

    Canadian Charter of Rights and Freedoms - Right to equality - Pay equity - Time limit for compensation adjustments different for enterprises with no predominantly male job class - Whether s. 38 of Pay Equity Act, CQLR, c. E‐12.001, infringes s. 15 of Canadian Charter of Rights and Freedoms - If so, whether infringement is   [...]  Charter of Rights - Right to equality - Discrimination based on sex - Pay equity - Predominantly female jobs - Amendments to Pay Equity Act challenged as infringing right to equality - Whether sections 76.3, 76.5 et 103.1 (second paragraph) of Pay Equity Act infringe section 15 of Canadian Charter of Rights and Freedoms and  [...]  In their view, this reduction was contrary to sections 15 and 52 of the Canadian Charter of Rights and Freedoms and sections 10, 16, 19, 50.1 and 52 of the Charter of human rights and freedoms.

  • 266.

    Agenda - 2014-09-29

    News Releases

    Canadian Charter of Rights and Freedoms - Criminal law - Jury selection - Representativeness of jury - Accused appealing manslaughter conviction on basis that right to representative jury violated - Court of Appeal allowing the appeal and ordering a new trial - What is the meaning of jury representativeness, and how is it   [...]  - Canadian Charter of Rights and Freedoms , ss. 11( d ) and (f) - Juries Act, R.S.O. 1990, c. J. 3, s. 6(8).   [...]   Do paras. 9.03(c) and 10.01(d) of the Kahkewistahaw Election Act infringe s. 15(1) 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 ?

  • 267.

    Agenda / Calendrier - 2012-05-28

    News Releases

    Canadian Charter of Rights and Freedoms ‐ Extradition ‐ Appeal from committal ‐ Judicial Review of Surrender Order ‐ Whether ss. 83.03, 83.18 or 83.21 of the Criminal Code , which incorporate the definition of “terrorist activity” in s. 83.01(1) of the Criminal Code , infringe s. 2(b) of the Charter ‐ If so, whether the   [...]  Canadian Charter of Rights and Freedoms ‐ Extradition ‐ Appeal from committal ‐ Judicial Review of Surrender Order ‐ Whether ss. 83.03, 83.18 or 83.21 of the Criminal Code , which incorporate the definition of “terrorist activity” in s. 83.01(1) of the Criminal Code , infringe s. 2(b) of the Charter ‐ If so, whether the   [...]  Canadian Charter of Rights and Freedoms ‐ Criminal Law ‐ Terrorism offences ‐ Elements of offence ‐ Whether ss. 83.03, 83.18, 83.19 or 83.21 of the Criminal Code , which incorporate the definition of “terrorist activity” in s. 83.01(1) of the Criminal Code , infringe s. 2(a) , 2(b) or 2(d) of the Charter ‐ If so, whether

  • 268.

    Agenda / Calendrier - 2008-12-01

    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 .   [...]  The reinstatement was only retroactive to the date upon which s. 15 of the Canadian Charter of Rights and Freedoms came into effect, and the Appellant had remarried six months earlier.

  • 269.

    Agenda / Calendrier - 2002-04-08

    News Releases

    Canadian Charter of Rights and Freedoms - Criminal law - Search and seizure - Treaty between the Government of Canada and the Government of the United States of America on Mutual Legal Assistance in Criminal Matters - Mutual Legal Assistance in Criminal Matters Act , R.S.C. 1985, c. 30 (4th Supp .)   [...]  - 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? On the evening of December 16, 1994, the lifeless body of 9-year-old Éric Arpin was   [...]  The first deals with the finding that certain provisions of the Act infringed s. 2( b ) of the Canadian Charter of Rights and Freedoms . The second deals with whether the impugned provisions could be saved under s. 1 and included an amendment to the first reasons for judgment clarifying that it was only s. 51(2)( a ) and

  • 270.

    Judgments to be Rendered in Appeals / Prochains jugements sur pourvois - 2001-12-03

    News Releases

    Canadian Charter of Rights and Freedoms - Section 24(1) - Civil - Procedural law - Courts - Court of competent jurisdiction - Jurisdiction to order costs as a remedy - Remedy of costs - Statutes - Interpretation - Whether the Provincial Offences Court has the authority pursuant to s. 90(2) of the Provincial Offences Act,   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Procedure - Whether a judge or justice presiding at a preliminary inquiry is a court of competent jurisdiction for the purposes of an application under section 24(1) of the Canadian Charter of Rights and Freedoms to exclude evidence under s. 24(2) of the Charter .   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Whether the Court of Appeal erred in concluding that the strip search of the Appellant did not violate section 8 of the Charter - If the strip search of the Appellant violated section 8 of the Charter , would the admission of the evidence bring the administration of

  • 271.

    Bulletin of May 8, 1998 - 1998-05-08

    Bulletins

    Canadian Charter of Rights and Freedoms - Administrative law - Appeal - Certification - Respondent union obtaining large number of signed membership cards to support application for certification - Respondent alleging that Applicant engaging in unfair labour practices in breach of s. 70 of Labour Relations Act, 1995, S.O   [...]  1. Does s. 672.54 of the Criminal Code , R.S.C. 1985, c. C-46 , infringe the rights and freedoms guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms on the ground that it discriminates against people with a mental disorder or mental disability?   [...]  2. Does s. 672.54 of the Criminal Code , R.S.C., 1985, c. C-46 infringe the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms on the ground that it deprives persons found not criminally responsible on account of mental disorder of their right to liberty and security of the person contrary

  • 272.

    Agenda / Calendrier - 2008-04-03

    News Releases

    Charter of Rights ‐ Constitutional law ‐ Right to counsel ‐ Investigative detention ‐ Whether the words “without delay” in s. 10(b) of the Canadian Charter of Rights and Freedoms have a different meaning in the context of an investigative detention than an arrest - Whether the Appellant’s rights under s. 10(b) of the   [...]  Canadian Charter of Rights and Freedoms ‐ Criminal law ‐ Arbitrary Detention ‐ Enforcement ‐ Offences ‐ Possession of firearm for the purpose of transferring it ‐ Elements of offence ‐ Whether the Court of Appeal erred in holding that unconstitutionally obtained and otherwise undiscoverable conscriptive evidence can be   [...]  As a result, the trial judge excluded the Certificate of Analysis from evidence pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms and acquitted the Appellant of all the charges. The Crown’s appeal to the Saskatchewan Court of Queen’s Bench was dismissed.

  • 273.

    Bulletin of March 8, 1996 - 1996-03-08

    Bulletins

    With respect to the argument that the reverse onus contained in s. 319(3) (a) of the Criminal Code , R.S.C., 1985, c. C-46 , contravenes s. 11( d ) of the Canadian Charter of Rights and Freedoms , we are of the opinion that the decision of the Court in R. v. Keegstra, [1990] 3 S.C.R. 697, is a complete answer.   [...]  1.Does s. 319(3)(a) of the Criminal Code , R.S.C., 1985, c. C-46 , infringe s. 11( d ) of the Canadian Charter of Rights and Freedoms . Response: The answer is yes. 2.If so, is s. 319(3) (a) of the Criminal Code a reasonable limit on the s. 11( d ) Charter right pursuant to s. 1 of the Charter .   [...]  Assuming without deciding that there was a breach of s. 8 of the Canadian Charter of Rights and Freedoms , we agree with the majority of the Court of Appeal that admission of the evidence would not bring the administration of justice into disrepute.

  • 274.

    Bulletin of February 19, 1993 - 1993-02-19

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Evidence - Offences - Interpretation - Applicant police officer prohibited from possessing firearms - Whether s. 100(1) of the Criminal Code infringes s. 12 of the Canadian Charter of Rights and Freedoms - Whether if, as applied to the Applicant, section 100(1)   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Evidence - Search and seizure - Pre-trial procedure - Charge to jury - Right against unreasonable search and seizure - Admissibility of evidence - Whether warrantless search of motor vehicle was unreasonable -Did the Court of Appeal err in its interpretation and   [...]  1. Does s. 153(1)(a) of the Criminal Code of Canada , R.S.C. 1970, c. C-34 limit the rights guaranteed by s. 15 and or s. 28 of the Canadian Charter of Rights and Freedoms ? 2. If the answer is yes, is such limitation (or are such limitations) justified under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 275.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2011-02-28

    News Releases

    Canadian Forces Superannuation Regulations, C.R.C. c. 396, infringe s. 15(1) 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 .