Advanced Search

Syntax: "", OR, AND, EXACT(), /p, /s, /n
(YYYY or YYYY-MM or YYYY-MM-DD)
Sort by: Relevance Date

2,237 result(s)

  • 276.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2009-02-10

    News Releases

    Treaty No. 6 ‐ Whether section 15 of the Canadian Charter of Rights and Freedoms protects only “personal rights” as distinct from the collective or communal rights of First Nation members ‐ Whether the requirements for a claim for unjust enrichment can be met ‐ What is the duty of the Crown to consult with the Appellants?   [...]  ‐ Canadian Charter of Rights and Freedoms , s. 15 . The Appellants commenced an action against the Crown respecting its management of royalties and interest on those royalties from an oil and gas field underlying the Pigeon Lake Reserve.   [...]   has solemnly undertaken as a trustee ‐ Whether the Appellants can advance a claim for racial discrimination contrary to section 15 of the Canadian Charter of Rights and Freedoms where the discrimination relates to an interest which is held by a First Nation collectivity ‐ Canadian Charter of Rights and Freedoms , s. 15 .

  • 277.

    Appeals Heard / Appels entendus - 2003-06-09

    News Releases

    Procedural law - Costs - Whether Rule 57 of the British Columbia Supreme Court Rules, B.C. Reg. 221/90, is inconsistent with the Respondents' rights by the Preamble of the Canadian Charter of Rights and Freedoms or s. 35 of the Constitution Act, 1982 and therefore constitutionally inapplicable to them in the circumstances   [...]  Procedural law - Costs - Whether Rule 57 of the British Columbia Supreme Court Rules, B.C. Reg. 221/90, is inconsistent with the Respondents' rights by the Preamble of the Canadian Charter of Rights and Freedoms or s. 35 of the Constitution Act, 1982 and therefore constitutionally inapplicable to them in the circumstances

  • 278.

    Bulletin of November 14, 2003 - 2003-11-14

    Bulletins

    7. Do ss. 2(a), 2(f) and 2(g) of Alberta Order in Council 174/2000 interfere with the financial security of sitting Justices of the Peace and thereby violate the principle of judicial independence guaranteed by s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 8. If the answer to question 2 is in the affirmative,   [...]   1994-142 infringes the right to freedom of expression guaranteed by section 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 ?   [...]  Per McLachlin C.J. and Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ.: The search and seizure were unreasonable and abusive within the meaning of s. 8 of the Canadian Charter of Rights and Freedoms because of the breach of the duty to minimize and the failure to contact the lawyer.

  • 279.

    Bulletin of September 13, 2002 - 2002-09-13

    Bulletins

    3. Does s. 488.1 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 8 of the Canadian Charter of Rights and Freedoms ? Yes. L’Heureux-Dubé, Gonthier and LeBel JJ. would answer no, except subs.   [...]  3. Does s. 488.1 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 8 of the Canadian Charter of Rights and Freedoms ? Yes. L’Heureux-Dubé, Gonthier and LeBel JJ. would answer no, except subs.   [...]  3. Does s. 488.1 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 8 of the Canadian Charter of Rights and Freedoms ? Yes. L’Heureux-Dubé, Gonthier and LeBel JJ. would answer no, except subs.

  • 280.

    Bulletin of November 1, 1996 - 1996-11-01

    Bulletins

    under section 7 of the Canadian Charter of Rights and Freedoms - Whether recipients of social assistance are an analogous group under section 15 of the Canadian Charter of Rights and Freedoms - Whether the impugned regulations violated the right to equality under section 15 of the Canadian Charter of Rights and Freedoms .   [...]  The court held that s. 486(1) constituted an infringement on the freedom of the press protected by s. 2( b ) of the Canadian Charter of Rights and Freedoms but that the infringement was justifiable under s. 1 of the Charter .   [...]  The court found that s. 16 infringed s. 11( d ) of the Canadian Charter of Rights and Freedoms but that this infringement was justifiable under s. 1 of the Charter .

  • 281.

    Agenda - 2023-01-27

    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.   [...]  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.

  • 282.

    Agenda - 2022-01-28

    News Releases

    The respondent, Marc-André Boulanger, faced four charges laid under, among other things, the Controlled Drugs and Substances Act. The Court of Québec granted the respondent’s motion for a stay of proceedings for unreasonable delay under s. 11(b) of the Canadian Charter of Rights and Freedoms and entered a stay of   [...]  At trial, the appellant sought a stay of proceedings or, alternatively, the exclusion of all evidence which derived from alleged violations of his rights protected by ss. 7 , 9 , 10(a) and 10(b) of the Canadian Charter of Rights and Freedoms . The appellant also alleged that the detective who arrested him at the station did  [...]  At trial, the appellant sought the exclusion of all evidence which derived from alleged violations of his rights protected by ss. 7 , 8 , 9 and 10(b) of the Canadian Charter of Rights and Freedoms . The appellant also alleged that the detective who arrested him at the station did not have reasonable and probable grounds to

  • 283.

    Bulletin of February 25, 2000 - 2000-02-25

    Bulletins

    Canadian Charter of Rights and Freedoms - Procedural law - Judgment and orders - Action against partnership alleging copyright infringement - Interlocutory application by partners to act for partnership and file joint defence and counterclaim dismissed - Application to reconsider dismissed - On motion for default judgment   [...]  Canadian Charter of Rights and Freedoms - Civil - Constitutional law - Division of powers - Applicant receiving notice of driving prohibition after failing roadside screening test - Whether driving prohibition provisions of British Columbia Motor Vehicle Act are within legislative competence of province - Whether right to   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Evidence - Sexual assault - Whether ss. 276(1), 276.1(2)(a), 276.2(2) and 276(2)(c) (the “rape shield” provisions) infringe an accused’s Charter rights.

  • 284.

    News release of October 3, 1997 - 1997-10-03

    News Releases

    Canadian Charter of Rights and Freedoms - Statutes - Interpretation - Freedom of expression - Right to vote - S. 322.1 of Canada Elections Act, R.S.C. 1985, c. E-2 banning broadcast, publication or dissemination of results of public opinion polls for several days immediately prior to holding of federal election - Did the   [...]   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 ?   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Pre-trial proceedings - Bookmaking ‐ Fundamental guarantees of criminal trial - Right to protection against unreasonable search and seizure - Wiretapping - Interception of communications transmitted by cellular telephone - Are the appellant's cellular telephone

  • 285.

    Bulletin of September 10, 2010 - 2010-09-10

    Bulletins

    and Substances Act , S.C. 1996, c. 19 , infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? 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 ?   [...]   and Substances Act , S.C. 1996, c. 19 , infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? 5. 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 ?

  • 286.

    News release of November 26, 1998 - 1998-11-26

    News Releases

    to make full answer and defence, as guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. 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 ?   [...]   is presumed innocent, as guaranteed by s. 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 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 ?

  • 287.

    Bulletin of November 27, 1998 - 1998-11-27

    Bulletins

    to make full answer and defence, as guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. 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 ?   [...]   is presumed innocent, as guaranteed by s. 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 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 ?   [...]  The principal issue raised in this appeal is whether these provisions contravene either s. 7 (the right to make full answer and defence) or s. 11(d) (fair trial) of the Canadian Charter of Rights and Freedoms and, if so, whether the infringement is justified under s. 1 of the Charter .

  • 288.

    Bulletin of December 17, 1993 - 1993-12-17

    Bulletins

    Family law - Arbitration - Division of Property - Canadian Charter of Rights and Freedoms -Arbitration proceedings to arbitrate matrimonial property issues - Attack of consent order for arbitration - Non compliance with the requirements in ss. 37 and 38 of the Matrimonial Property Act, R.S.A. 1980, Chap.   [...]  Question 2:To the extent that the above sections of the Income Tax Act infringe or deny the rights and freedoms guaranteed by s. 15 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,   [...]  Since s. 63 eliminates any question of ambiguity, it also eliminates the need for recourse to the values of the Canadian Charter of Rights and Freedoms as an interpretive aid. There has been no violation of s. 15(1) of the Charter in this case.

  • 289.

    Bulletin of November 2, 2012 - 2012-11-02

    Bulletins

    (d.1) of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No 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 ?   [...]   of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 11( c ) of the Canadian Charter of Rights and Freedoms ? Answer: No 4. 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 ?   [...]   of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes 6. 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 ?

  • 290.

    Bulletin of January 17, 1997 - 1997-01-17

    Bulletins

    2.If ss. 298, 299 and 300 of the Criminal Code of Canada , separately or in combination, violate s. 2( b ) of the Canadian Charter of Rights and Freedoms , can they be demonstrably justified under s. 1 of the Canadian Charter of Rights and Freedoms as reasonable limits prescribed by law?   [...]  4.If ss. 298, 299 and 300 of the Criminal Code of Canada , separately or in combination, violate s. 7 of the Canadian Charter of Rights and Freedoms , can they be demonstrably justified under s. 1 of the Canadian Charter of Rights and Freedoms as reasonable limits prescribed by law?   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Fresh evidence - Sections 686(1) (a) and 686(2) of the Criminal Code - Residual discretion of an appellate court to order a stay of proceedings.

  • 291.

    Bulletin of December 18, 2015 - 2015-12-18

    Bulletins

    Sections 17 to 21 of the Mutual Legal Assistance in Criminal Matters Act , R.S.C. 1985, c. 30 (4th Supp .), held not to be in breach of s. 7 or s. 8 of the Canadian Charter of Rights and Freedoms June 30, 2015 Court of Appeal for Ontario (Simmons, Cronk, Blair JJ.A.)   [...]   Canadian Charter of Rights and Freedoms and an application for a remedy under s. 24(1) of the Canadian Charter of Rights and Freedoms - Can a statutory immunity clause bar any and all Charter claims for a personal remedy made pursuant to s. 24(1) of the Charter - Vancouver (City) v. Ward, 2010 SCC 27, [2010] 2 S.C.R. 28.   [...]  are contrary to principle of judicial independence guaranteed by Constitution Act, 1867 or s. 11( d ) of Canadian Charter of Rights and Freedoms - If so, in case of s . 11 ( d ) of Canadian Charter of Rights and Freedoms , whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free

  • 292.

    Bulletin of March 26, 1999 - 1999-03-26

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Civil - Whether s. 486(1) of the Criminal Code and s. 135(2) of the Courts of Justice Act are unconstitutional - Whether videotapes were improperly admitted at the trial of Paul Bernardo - Whether those videotapes should be displayed to the public at any subsequent   [...]  Question 1: Do ss. 44(1) (d) and 58 of the Canada Pension Plan , R.S.C., 1985, c. C-8 , infringe on s. 15(1) of the Canadian Charter of Rights and Freedoms on the ground that they discriminate against widows and widowers under the age of 45 on the basis of age?   [...]  Question 2: If so, can this infringement be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? Answer: In view of the answer to Question 1, it is not necessary to answer this question.

  • 293.

    Bulletin of December 17, 2004 - 2004-12-17

    Bulletins

    Canadian Charter - Criminal - Criminal law - Detention - Evidence - Right to counsel - Whether the Court of Appeal erred in law in finding that the Respondent was detained within the meaning of s. 9 and s. 10 of the Canadian Charter of Rights and Freedoms when he was asked one potentially incriminating question by the   [...]  Canadian Charter of Rights and Freedoms - Criminal - Police - Whether the Court of Appeal for Ontario erred in holding that members of the First Nations Anishinabek Police Service were police officers capable of undertaking a R.I.D.E. program not on reserve territory - Whether the Court of Appeal for Ontario erred in   [...]  The appellant contested the motion on the ground that it would violate his right against self-incrimination under s. 11( c ) of the Canadian Charter of Rights and Freedoms . The prothonotary rejected the appellant’s argument and allowed the respondent’s motion.

  • 294.

    Bulletin of November 29, 1996 - 1996-11-29

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Judicial bias - Whether a reasonable apprehension of bias exists if the trial judge in this case once acted as counsel for the Applicant in another criminal matter - Whether trial judge’s refusal to recuse herself constitutes an infringement of s. 11(d) of the Charter  [...]  Canadian Charter of Rights and Freedoms - Criminal law - Judicial bias - Whether a reasonable apprehension of bias exists if the trial judge in this case once acted as counsel for the Applicant in another criminal matter - Whether trial judge’s refusal to recuse herself constitutes an infringement of s. 11(d) of the Charter  [...]  Criminal law - Canadian Charter of Rights and Freedoms - Evidence - Procedural law - Disclosure - Whether the Appeal Division erred in setting aside the stay of proceedings based on the finding that the appearance of bias exhibited by the trial judge on March 2, 1995 “incurably infects” his decision to grant the stay

  • 295.

    Bulletin of January 26, 1996 - 1996-01-26

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Defence - Evidence - Interpretation - Sexual exploitation - Appeal as of right by the crown on the interpretation of par. 153(1) (a) of the Criminal code - Did the Court of Appeal err in interpreting the phrase “position of trust” in s. 153(1)?   [...]  Canadian Charter of Rights and Freedoms - Criminal Law - Search and Seizure - Keeping a common gaming house, Criminal Code s. 201 - Allowing devices for gambling to be kept, Criminal Code , s. 202(1) (b)   [...]  Canadian Charter of Rights and Freedoms - Criminal Law - Search and Seizure - Keeping a common gaming house, Criminal Code s. 201 - Allowing devices for gambling to be kept, Criminal Code , s. 202(1) (b)

  • 296.

    Bulletin of May 21, 1993 - 1993-05-21

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Statutes - Interpretation of s. 241 of the Criminal Code - "Physician assisted" suicide.   [...]  Section 3 of the Canadian Charter of Rights and Freedoms provides that every citizen of Canada is entitled to vote in elections.   [...]  Section 3 of the Canadian Charter of Rights and Freedoms provides that every citizen of Canada is entitled to vote in federal elections.

  • 297.

    Bulletin of April 6, 2018 - 2018-04-06

    Bulletins

    The same judgment rejected Mr. Boudreault’s arguments to the effect that the victim surcharge provided for in s. 737 of the Criminal Code infringed s. 12 of the Canadian Charter of Rights and Freedoms . The majority of the Court of Appeal held that the surcharge did not amount to cruel and unusual punishment.   [...]   contrary to s. 12 of Charter , such that this provision cannot be justified under s. 1 of Charter - If so, whether declaration that provision unconstitutional under s. 52 of Constitution Act, 1982 is adequate remedy - Canadian Charter of Rights and Freedoms , s. 12 - Criminal Code , R.S.C. 1985, c. C‐46, s. 737 .   [...]  Under s. 737 of the Criminal Code , he was liable to a victim surcharge of $700, but the trial judge refused to apply the surcharge and declared s. 737 of no force or effect under s. 52 of the Canadian Charter of Rights and Freedoms . The Superior Court overturned that decision, finding that the imposition of a surcharge

  • 298.

    Bulletin of May 19, 2000 - 2000-05-19

    Bulletins

    Canadian courts have regularly looked to European authorities as relevant and persuasive materials for the purposes of interpreting the Canadian Charter of Rights and Freedoms and other human rights norms of Canadian law. The appellant objects that the intervener’s factum does not confine itself to the basis on which   [...]  Question 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,   [...]  Among the issues raised by the appellant was whether the CPP infringed s. 15(1) of the Canadian Charter of Rights and Freedoms because the contributions requirement fails to take into account the fact that persons with temporary disabilities may not be able to make contributions for the minimum qualifying period in s. 44(1)

  • 299.

    Bulletin of May 12, 2000 - 2000-05-12

    Bulletins

    Negative rulings on points 1 and 2; no need to consider point 3 dealing with the Canadian Charter of Rights and Freedoms March 30, 1999 Court of Appeal for British Columbia   [...]  Canadian Charter of Rights and Freedoms - Commercial law - Contracts - Interpretation of contract - Whether trial judge and court of appeal erred in interpretation of contract - Whether court of appeal erred in dismissing the Applicant’s appeal on the basis that Tonneguzzo Norvell et. al v. Savein et al.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Extradition - Mobility Rights - Whether the Court of Appeal erred in holding that in the absence of assurances that the requesting state would not seek the death penalty the surrender of the Respondent would violate their rights under s. 6(1) of the Charter - Whether

  • 300.

    Bulletin of December 3, 1993 - 1993-12-03

    Bulletins

    Canadian Charter of Rights and Freedoms - Administrative law - Broadcasting - Whether the Respondent is subject to the Canadian Charter of Rights and Freedoms in relation to a decision to exclude the Applicant party from participation in the leaders debates on national television - If so, is the decision to so exclude the   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Evidence - Detention - Pre-trial procedure - Police - Admissibility of evidence - Participant surveillance - Applicant induced to admit murder during a police undercover operation - Whether the design and implementation of a police undercover operation is reviewable   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Evidence - Defence - Admissibility of statements - Intoxication - Charge to the jury with respect to the defence of intoxication - Right not to be arbitrarily detained or imprisoned - Whether the Court of Appeal erred in applying the curative provisions in s.