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  • 26.

    Bulletin of October 10, 2003 - 2003-10-10

    Bulletins

    By-law concerning noise, R.B.C.M. c. B-3, of the City of Montreal infringe s. 2(b) 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 ?   [...]   359 and 362 of the Canada Elections Act , S.C. 2000, c. 9 , infringe s. 2( d ) of the Canadian Charter of Rights and Freedoms ? 6. 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 ?   [...]  Canadian Charter of Rights and Freedoms - Constitutional law - Family law - Whether the exclusion of same-sex couples from the common law definition of marriage breaches ss. 2(a) or 15(1) of the Canadian Charter of Rights and Freedoms in a manner not justified in a free and democratic society under s. 1 - Whether the

  • 27.

    Bulletin of December 4, 1992 - 1992-12-04

    Bulletins

    Immigration law - Canadian Charter of Rights and Freedoms - Statutes - Deportation order -The Applicant is a permanent resident convicted of an offence for which a term of imprisonment of more than six months has been imposed - Interpretation of ss. 27(1) and 32(2) of the Immigration Act 1976, S.C. 1976-77, c. 52 - Whether   [...]  Canadian Charter of Rights and Freedoms - Administrative law - Immigration - Detention -Refugee status claim - Whether the Court of Appeal erred in law in determining that the Appellant was not detained in the sense contemplated under section 10(b) of the Canadian Charter of Rights and Freedoms when he was referred to a   [...]  Canadian Charter of Rights and Freedoms - Constitutional law - Schools - Right to education in minority language.

  • 28.

    Bulletin of February 3, 1995 - 1995-02-03

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Procedural law - Statutes - Interpretation - Trial - Evidence - Use of evidence from voir dire - Admissibility of alleged statements - Whether the Court of Appeal erred in applying s. 655 of the Criminal Code , R.S.C. 1985, c. C-46 .   [...]  1.Does art. 59 of the Code of Civil Procedure infringe the rights and freedoms guaranteed by s. 7 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 Constitution Act, 1982 ?   [...]  3.Does art. 114 of the Code of Civil Procedure infringe the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? 4.If so, is it justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 29.

    Bulletin of April 18, 1997 - 1997-04-18

    Bulletins

    Canadian Charter of Rights and Freedoms - Civil rights - Whether the Federal Court of Appeal misapplied the minimal impairment branch of the proportionality test under s.1 of the Canadian Charter of Rights and Freedoms - Whether the Federal Court of Appeal effectively reversed the burden of proving that a limitation under   [...]  (b)If s. 322.1 of the Canada Elections Act infringes s. 2(b) and/or s. 3 of the Canadian Charter of Rights and Freedoms , is s. 322.1 a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society for the purposes of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  Constitutional law - Canadian Charter of Rights and Freedoms - Freedom of expression - Election - Referendum - Regulated expenses - National committees - Mandatory affiliation.

  • 30.

    Bulletin of July 21, 2006 - 2006-07-21

    Bulletins

    S.C. 1999, c. 18 , infringe the rights and freedoms guaranteed by s. 7 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 ?   [...]  S.C. 1999, c. 18 , infringe the rights and freedoms guaranteed by s. 6 of the Canadian Charter of Rights and Freedoms ? Answer: No. 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 ?   [...]   whole or in part, infringe the rights and freedoms guaranteed by s. 7 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 ?

  • 31.

    Bulletin of June 4, 1993 - 1993-06-04

    Bulletins

    The Attorney General of Canada has properly conceded that s. 51(e) of the Canada Elections Act contravenes s. 3 of the Canadian Charter of Rights and Freedoms but submits that s. 51 (e) is saved under s. 1 of the Charter.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Trial - Pre-trial procedure - Appeal - Unreasonable delay - Accused charged with criminal negligence in the operation of a motor vehicle causing death - Delay of 26 1/2 months between charge and trial - Total delay of 42 1/2 months to the time of the hearing of the   [...]  On December 3, 1990, the Appellant applied for a stay under s. 24(1) Canadian Charter of Rights and Freedoms , based on his contention that his constitutional right to be tried within a reasonable time had been breached.

  • 32.

    Bulletin of April 23, 1993 - 1993-04-23

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Pre-trial delay - Right to full answer and defence - Alleged fraud taking place four years prior to the charge being laid - Whether the Court of Appeal erred in law in finding that the delay which occurred prior to the Applicant having been charged did not violate ss.  [...]  Canadian Charter of Rights and Freedoms - Civil rights - Social welfare - Are decisions with respect to entitlement to benefits under the Social Allowances Act R.S.M. 1987 within the ambit of s. 7 of the Charter?   [...]  3.Do the Resolutions violate the Appellant's freedoms under s. 2(b) or s. 2(d) of the Canadian Charter of Rights and Freedoms ? 4.Are the Resolutions limitations which are not justified under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 33.

    Agenda / Calendrier - 2011-10-31

    News Releases

    C‐5 , infringe 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 ?   [...]  C‐5 , infringe s. 11(c) 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. 184.4 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 8 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 ?

  • 34.

    Judgment to be Rendered in Appeal / Prochain jugement sur appel - 2012-04-11

    News Releases

    ‐ Does s. 184.4 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe 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 ?   [...]  ‐ Does s. 184.4 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 8 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. 184.4 of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 11(d) 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 ?

  • 35.

    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)

  • 36.

    Bulletin of April 16, 2004 - 2004-04-16

    Bulletins

    Canadian Charter of Rights and Freedoms - Section 7 - Right to Silence - Section 10(b) - Right to Counsel - Whether the Alberta Court of Appeal erred in law in concluding that the Applicant’s right to remain silent under section 7 of the Canadian Charter of Rights and Freedoms was not violated.   [...]   of the judicial process, contrary to the principles of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms - Whether the Alberta Court of Appeal erred in law in concluding that the accused’s right to counsel under section 10 b) of the Canadian Charter of Rights and Freedoms was not violated.   [...]   a motor vehicle, infringe s. 10( b ) of the Canadian Charter of Rights and Freedoms ? 4. If the answer to question 3 is in the affirmative, 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 ?

  • 37.

    Bulletin of October 9, 1992 - 1992-10-09

    Bulletins

    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 - Criminal law - Offences - Interpretation - Respondent charged with storing firearms and ammunitions in a "careless manner" contrary to s. 86(2) of the Criminal Code , R.S.C. 1985, c. C-46 - Whether the Court of Appeal for Saskatchewan erred in ruling that s. 86(2) of the Criminal   [...]  Prior to trial, the Respondent made an application for a stay of proceedings, on the basis that s. 86(2) of the Criminal Code violated s. 7 of the Canadian Charter of Rights and Freedoms in a manner that could not be justified under s. 1 of the Charter .

  • 38.

    Bulletin of February 25, 1994 - 1994-02-25

    Bulletins

    1. Does ss. 85(1) of the Criminal Code , R.S.C. 1985, c. C-46 infringe s. 12 of the Canadian Charter of Rights and Freedoms by reason of the minimum sentence provided for in clause (d)?   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Legislation - Young offenders - Offences - Trial - Evidence.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Evidence - Right to retain and instruct counsel - Did the Court of Appeal err in failing to find a breach of section 10(b) of the Canadian Charter of Rights and Freedoms ?

  • 39.

    Agenda / Calendrier - 2004-09-27

    News Releases

    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?   [...]  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

  • 40.

    Bulletin of June 17, 2005 - 2005-06-17

    Bulletins

    Improvement Act, S.B.C. 2002, c. 2, in whole or in part, infringe section 2( d ) 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 ?   [...]  Social Services Delivery Improvement Act, in whole or in part, infringe section 15 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 ?   [...]  The Crown conceded that both accused had been detained for the purposes of s. 10( b ) of the Canadian Charter of Rights and Freedoms before being arrested and that neither of them was fully advised of his right to counsel until after he was arrested.

  • 41.

    Bulletin of September 25, 1992 - 1992-09-25

    Bulletins

    Canadian Charter of Rights and Freedoms - Procedural law - Appeals - Statutes - Interpretation - Did Federal Court of Appeal err in finding that s. 18 (3) of the Citizenship Act R.S.C. 1985, c. C-29 as am. did not violate the provisions of s. 7 of the Canadian Charter of Rights and Freedoms ?   [...]  1. Does section 715.1 of the Criminal Code , R.S.C., 1985, c. C-46 , in whole or in part, limit the rights guaranteed under section 7 of the Canadian Charter of Rights and Freedoms ? 1. L'article 715.1 du Code criminel , L.R.C. (1985), ch.   [...]  Non‐compellability corresponds to the approach adopted in common law, from which the Quebec law of contempt of court derives, and is consistent with the Canadian Charter of Rights and Freedoms , which protects the right against self‐incrimination.

  • 42.

    Bulletin of November 20, 1992 - 1992-11-20

    Bulletins

    Canadian Charter of Rights and Freedoms - Procedural law - Property law - Does the law allow a court to dispossess an individual of right of possession or ownership without a trial?   [...]  3.Do ss. 515(6)(a) and 515(6)(d) of the Criminal Code limit ss. 7 , 9 , 11( d ) and 11( e ) of the Canadian Charter of Rights and Freedoms ? Answer:With respect to ss. 7 , 9 and 11 (d) of the Charter, the answer is no.   [...]  ‐‐ Whether criteria of public interest and public safety in s. 515(10)(b) infringe ss. 7 , 9 , 11(d) or 11(e) of Canadian Charter of Rights and Freedoms ‐‐ Criminal Code, R.S.C., 1985, c. C‐46, s. 515(10) (b).

  • 43.

    Bulletin of June 3, 1994 - 1994-06-03

    Bulletins

    Environmental law - Canadian Charter of Rights and Freedoms - Statutes - Interpretation - Damages - Application for compensation for injuries suffered as a result of pollutants in the environment - Remedy under Part IX of the Environmental Protection Act restricted by Court of Appeal to spills occurring after the date of   [...]  Constitutional Law - Canadian Charter of Rights and Freedoms - Statutes - Interpretation - Right to practice public accountancy - Public accounting in Prince Edward Island restricted to chartered accountants - Applicants are certified general accountants and are qualified to practice public accounting in other Canadian   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Section 10(b) violation - Right to counsel - Appellant subjected to demand to provide breath sample but not being informed he could obtain free advice immediately from Legal Aid lawyer whether or not he could afford a lawyer - Whether the Appellant was informed of his

  • 44.

    Judgments to be Rendered in Appeals - 2012-10-29

    News Releases

    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 .

  • 45.

    Agenda / Calendrier - 2009-11-30

    News Releases

    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 .   [...]  The Court concluded that the AEPA substantially impaired the capacity of agricultural workers to meaningfully exercise their right to bargain collectively, and that the violation of s. 2( d ) of the Canadian Charter of Rights and Freedoms was not saved under s. 1 of the Charter . Origin of the case: Ontario

  • 46.

    Bulletin of December 10, 1993 - 1993-12-10

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Parole - Prisons - Effect of parole revocation under s. 138 of the Corrections and Conditional Release Act - Whether the Court of Appeal erred in distinguishing Marcotte v. The Deputy General of Canada [1976], 1 S.C.R. 108, which held that remission cannot be   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Offences - Interpretation - Procedural law - Pre-trial procedure - Did information disclose offence known to law?   [...]  - Whether Court of Appeal erred in failing to hear the constitutional issue that s. 155(1) of the Criminal Code violates the applicant's rights under s. 6 of the Canadian Charter of Rights and Freedoms , is vague and imprecise regarding the word "child" - Whether Court of Appeal erred in failing to hear the constitutional

  • 47.

    Bulletin of May 28, 1993 - 1993-05-28

    Bulletins

    1. Does the Maintenance of Ports Operations Act, 1986 contravene s. 7 of the Canadian Charter of Rights and Freedoms ? 1. La Maintenance of Ports Operations Act, 1986 contrevient-elle à l'art. 7 de la Charte canadienne des droits et libertés ?   [...]  3. Does the Maintenance of Ports Operations Act, 1986 contravene s. 2(d) of the Canadian Charter of Rights and Freedoms ? 3. La Maintenance of Ports Operations Act, 1986 contrevient-elle à l'al. 2 d ) de la Charte canadienne des droits et libertés ?   [...]  Canadian Charter of Rights and Freedoms - Civil rights - Right to vote - Federal legislation prohibiting inmates of prisons from voting in elections - Whether rights of inmates under s. 3 of the Charter are thereby infringed - Applicability of s. 1 of the Charter.

  • 48.

    Bulletin of June 18, 1999 - 1999-06-18

    Bulletins

    3. If so, can these infringements be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? The answers to the preceding questions make it unnecessary to answer this question.   [...]  3. If so, can these infringements be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? The answers to the preceding questions make it unnecessary to answer this question.   [...]  3. If so, can these infringements be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? The answers to the preceding questions make it unnecessary to answer this question.

  • 49.

    Bulletin of February 18, 1994 - 1994-02-18

    Bulletins

    2. Are ss. 2, 4 and 8 of the Judicial Code of Ethics, O.C. 643-82 (1982), 114 G.O.Q. II 1253, so vague and imprecise as to limit the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms or as to violate the constitutional guarantee of an independent judiciary?   [...]  5. If the answer to question 4 is affirmative, does s. 8 of the Code constitute 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 ? 11.2.1994 Before / Devant: LE JUGE LA FOREST   [...]   a judge of the Court of Quebec before the Conseil de la magistrature, violate the principles of judicial impartiality and independence guaranteed inter alia by the preambles to the Constitution Act, 1867 and the Canadian Charter of Rights and Freedoms , as well as by s. 7 of the Canadian Charter of Rights and Freedoms ?

  • 50.

    Bulletin of February 4, 1994 - 1994-02-04

    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?   [...]  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   [...]  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 ? Vu la réponse à la première question la deuxième question ne se soulève pas.