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2,237 result(s)

  • 76.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2009-07-14

    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.

  • 77.

    Judgments to be Rendered in Appeals - 2018-05-04

    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.

  • 78.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2010-06-07

    News Releases

    the Criminal Code , R.S.C. 1985, c. C‐46 , as amended, infringes s. 2 ( b ) 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 .   [...]   517 of the Criminal Code , R.S.C. 1985, c. C‐46 , as amended, 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 ?   [...]  ‐ Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) ‐ Criminal Code , R.S.C. 1985, c. C‐46 , s. 517 .

  • 79.

    Judgments in Appeals and Leave Applications / Jugements sur pourvois et demandes d'autorisation - 2002-09-12

    News Releases

    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.

  • 80.

    Bulletin of June 20, 2014 - 2014-06-20

    Bulletins

    of the Immigration and Refugee Protection Act , S.C. 2001, c. 27 , 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 ?   [...]   of the Immigration and Refugee Protection Act , S.C. 2001, c. 27 , 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 ?   [...]   of the Immigration and Refugee Protection Act , S.C. 2001, c. 27 , 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 ?

  • 81.

    Bulletin of January 22, 1993 - 1993-01-22

    Bulletins

    1.Does the Canadian Charter of Rights and Freedoms apply to the members of the House of Assembly when exercising their privileges as members?   [...]  Canadian Charter of Rights and Freedoms - Family law - Custody and visiting rights - Freedom of religion.   [...]  Canadian Charter of Rights and Freedom - Family law - Statutes - Freedom of religion - Divorce - Custody - Access - Maintenance - Division of property.

  • 82.

    Agenda - 2015-12-29

    News Releases

    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.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Cruel and unusual treatment or punishment - Mandatory minimum sentence - Section 5(3)(a)(i)(D) of the Controlled Drugs and Substances Act S.C. 1996, c. 19 - Must a court find an inflationary effect on the sentence of the person bringing a s. 12 Charter claim in order   [...]  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

  • 83.

    Bulletin of September 24, 2004 - 2004-09-24

    Bulletins

    The Respondent was given leave to appeal to the Court of Appeal for Manitoba on a question of law relating to his right to counsel under s. 10(b) of the Canadian Charter of Rights and Freedoms . His appeal was dismissed and a new trial was ordered.   [...]  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

  • 84.

    Bulletin of May 26, 2000 - 2000-05-26

    Bulletins

    Criminal law - Evidence - Accused’s exculpatory evidence at trial corroborated by witness - Whether it is permissible in cross-examination to ask a defence witness about the impact of s. 13 of the Canadian Charter of Rights and Freedoms on his decision to testify. PROCEDURAL HISTORY September 5, 1997   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Pleas - Sections 7 , 10( b ) , 11( c ) , 11( d ) and 15(1) of the Canadian Charter of Rights and Freedoms - Whether Applicant’s guilty plea invalidated by threat of an immediate return to jail - Whether Applicant received competent legal representation at trial -   [...]  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

  • 85.

    Bulletin of February 9, 2001 - 2001-02-09

    Bulletins

    3. Does s. 163.1(4) of the Criminal Code , R.S.C. 1985, c. C-46 , violate s. 7 of the Canadian Charter of Rights and Freedoms ? Answer Yes. 4. If s. 163.1(4) of the Criminal Code , R.S.C. 1985, c. C-46 , infringes s. 7 of the Canadian Charter of Rights and Freedoms , is s. 163.1(4) a reasonable limit prescribed by law as   [...]  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 .   [...]  Just before trial, the appellants file a motion under sections 8 and 24(2) of the Canadian Charter of Rights and Freedoms to have the interceptions of private communications declared illegal.

  • 86.

    Bulletin of October 17, 1997 - 1997-10-17

    Bulletins

    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 ?   [...]  Assuming that there was an infringement of s. 8 of the Canadian Charter of Rights and Freedoms , in view of the circumstances of this case, the three telephone calls from Quebec were admissible under s. 24(2) of the Charter .   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Defamation - Whether Criminal Code s. 300 (defamation) violates Charter s. 2(b) and 7 - What is the mens rea of the offence of defamation.

  • 87.

    Bulletin of April 2, 1993 - 1993-04-02

    Bulletins

    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 ?   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Appellant convicted of criminal negligence and impaired driving - Blood sample taken from the Appellant without his consent - Physician releasing results of blood tests in medical report to police without the Appellant's consent or permission - Results of blood tests   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Young offenders - Evidence - Statement made to police following consultation with lawyer - Appellant seeking to exclude a statement which was admitted as evidence against him - Whether ss. 3 and 56 of the Young Offenders Act , R.S.C. 1985, c. Y-1 , imposes a duty on a

  • 88.

    Judgments in Appeals / Jugements sur appels - 2004-06-30

    News Releases

    Sections 672.33 , 672.54 and 672.81(1) of the Criminal Code are overbroad and violate the rights, guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms , of permanently unfit accused who do not pose a significant threat to society.   [...]   1 of the Canadian Charter of Rights and Freedoms ? It is unnecessary to answer this question. 3. Do ss. 123 to 130 and 132 of the Act respecting land use planning and development, R.S.Q. c. A‐19.1, infringe the right to equality without discrimination guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms ?   [...]  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 ? It is unnecessary to answer this question.

  • 89.

    Bulletin of October 4, 2013 - 2013-10-04

    Bulletins

    1. Does s. 8(1) (f) of the Privacy Act , R.S.C. 1985, c. P-21 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 ?   [...]  3. Does s. 8(1) (f) of the Privacy Act , R.S.C. 1985, c. P-21 infringe s. 8 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 ?   [...]  5. Does s. 193(2) (b) of the Criminal Code, R.S.C. 1985, c. C-46 infringe s. 7 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 ?

  • 90.

    Bulletin of May 24, 1996 - 1996-05-24

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Defence - Evidence - Disclosure - Similar fact evidence.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Defence - Evidence - Disclosure - Similar fact evidence.   [...]  Canadian Charter of Rights and Freedoms - Civil Code - Administrative law - Procedure - Civil procedure - Legislation - Damages - Class action.

  • 91.

    Bulletin of September 9, 1994 - 1994-09-09

    Bulletins

    Procedural law - Appeal - Extension of time - Reconsideration - Canadian Charter of Rights and Freedoms - Taxation - Assessment - Whether the Minister of Revenue violated s. 11d) of the Charter by implementing s. 163(2) of the Income Tax Act?   [...]  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   [...]  The main issue in this appeal is whether the failure to provide the accused with full and contemporaneous translation of all the evidence at trial constituted a breach of his right to an interpreter, as guaranteed by s. 14 of the Canadian Charter of Rights and Freedoms . Held: The appeal should be allowed and a new trial

  • 92.

    Bulletin of September 30, 2011 - 2011-09-30

    Bulletins

    and Substances Act , S.C. 1996, c. 19 , infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? No. 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 ? No. 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 ?   [...]  ‐ 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 ?

  • 93.

    Bulletin of October 1, 1993 - 1993-10-01

    Bulletins

    of liability for s. 215 of the Criminal Code of Canada offend s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. 2.If the answer to question 1 is yes, is an objective basis of liability for s. 215 a reasonable limit on the s. 7 Charter right pursuant to s. 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 Constitution Act, 1982 ?   [...]  Canadian Charter of Rights and Freedoms - Criminal Law - Offences - Defence - Intoxication

  • 94.

    Judgments to be Rendered in Leave Applications - 2014-06-30

    News Releases

    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 – 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 .   [...]  – 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.

  • 95.

    Judgments to be Rendered in Appeals - 2018-12-10

    News Releases

    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

  • 96.

    Bulletin of January 4, 2013 - 2013-01-04

    Bulletins

    3. Does section 212(1) (j) of the Criminal Code, R.S.C. 1985, c. C-46 , 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  [...]  5. Does section 213(1) (c) of the Criminal Code, R.S.C. 1985, c. C-46 , infringe s. 7 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  [...]  section 213(1) (c) of the Criminal Code, R.S.C. 1985, c. C-46 , infringe s. 2( b ) 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 ?

  • 97.

    Bulletin of November 18, 2011 - 2011-11-18

    Bulletins

    of “terrorist activity” in s. 83.01(1) of the Criminal Code ̧ infringe s. 2( a ) of the Canadian Charter of Rights and Freedoms ? 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 “terrorist activity” in s. 83.01(1) of the Criminal Code ̧ infringe s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 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 “terrorist activity” in s. 83.01(1) of the Criminal Code , infringe s. 7 of the Canadian Charter of Rights and Freedoms ? 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 ?

  • 98.

    Bulletin of May 9, 1997 - 1997-05-09

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Not criminally responsible by reason of mental disorder - Whether s. 672.54 infringes a detainees’s rights under ss. 7 , 9 or 15 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  [...]  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

  • 99.

    Bulletin of February 11, 1994 - 1994-02-11

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Offences - Sentencing - Whether the Court of Appeal for Ontario erred in holding that when faced with a verdict of guilt, the factual basis for which is ambiguous, the trial judge is entitled to arrive at his own conclusions for the purpose of sentencing - Whether the  [...]  Canadian Charter of Rights and Freedoms - Labour law - Labour relations - Collective agreement - Statutes - Interpretation - Whether s. 14(3) of The Institute Act, S.S. 1986-87-88, c. I-9.1, infringes the Applicants' rights as guaranteed by s. 2( d ) of the Charter by requiring them to be part of a particular bargaining   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Evidence - Defence - Intent - Extreme intoxication - Sexual assault - Admissibility - General intent offence - Rule of precedent - Whether proof of extreme intoxication, causing absence of minimum intent required for general intent offence, admissible in Canadian

  • 100.

    Bulletin of September 10, 1999 - 1999-09-10

    Bulletins

    Appeal allowed, sections 672.54 and 672.81(1) of the Criminal Code infringe section 7 of the Canadian Charter of Rights and Freedoms and are constitutionally invalid May 14, 1999 Supreme Court of Canada   [...]  1. Does s. 163.1(4) of the Criminal Code , R.S.C., 1985, c. C‐46 , violate s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 1. Le paragraphe 163.1(4) du Code criminel , L.R.C. (1985), ch.   [...]  3. Does s. 163.1(4) of the Criminal Code , R.S.C., 1985, c. C‐46 , violate s. 7 of the Canadian Charter of Rights and Freedoms ? 3. Le paragraphe 163.1(4) du Code criminel , L.R.C. (1985), ch.