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  • 151.

    Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2009-05-25

    News Releases

    at the request of an accused under s. 517 of the Criminal Code is inconsistent with s. 2( b ) of the Charter and whether it can be saved by s. 1 or “read down” in a manner that would permit the section to stand - Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) - Criminal Code , R.S.C. 1985, c. C-46, s. 517 .   [...]  Charter of Rights - Criminal law - Fundamental freedoms - Legal rights - Equality rights - Whether Court of Appeal erred in finding lower court properly held it did not have jurisdiction to interfere in the criminal proceedings - Canadian Charter of Rights and Freedoms . In 2007, an incident took place at Guelph University   [...]  At trial, the defence witness exercised his rights under s. 13 of the Canadian Charter of Rights and Freedoms and s. 5 of the Canada Evidence Act. The trial judge found the Applicant guilty as charged.

  • 152.

    Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2009-05-25

    News Releases

    at the request of an accused under s. 517 of the Criminal Code is inconsistent with s. 2( b ) of the Charter and whether it can be saved by s. 1 or “read down” in a manner that would permit the section to stand - Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) - Criminal Code , R.S.C. 1985, c. C-46, s. 517 .   [...]  Charter of Rights - Criminal law - Fundamental freedoms - Legal rights - Equality rights - Whether Court of Appeal erred in finding lower court properly held it did not have jurisdiction to interfere in the criminal proceedings - Canadian Charter of Rights and Freedoms . In 2007, an incident took place at Guelph University   [...]  At trial, the defence witness exercised his rights under s. 13 of the Canadian Charter of Rights and Freedoms and s. 5 of the Canada Evidence Act. The trial judge found the Applicant guilty as charged.

  • 153.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2003-12-17

    News Releases

    Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 4 - Whether the Court of Appeal erred in characterizing the harms that may come with cannabis use as inherent, instead of a product of mis-cultivation, mis-distribution and mis-use - Did the Court of Appeal fail to address the issue of whether   [...]  Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 3(1) - Whether prohibiting possession of Cannabis (marihuana) for personal use under s. 3(1) of the Narcotic Control Act, R.S.C. 1985, c. N‐1, by reason of the inclusion of this substance in s. 3 of the Schedule to the Act (now s. 1, Schedule II,  [...]  Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 3(1) - Whether prohibiting possession of Cannabis (marihuana) for personal use under s. 3(1) of the Narcotic Control Act, R.S.C. 1985, c. N‐1, by reason of the inclusion of this substance in s. 3 of the Schedule to the Act (now s. 1, Schedule II,

  • 154.

    Appeals Heard / Appels entendus - 2003-05-06

    News Releases

    Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 4 - Whether the Court of Appeal erred in characterizing the harms that may come with cannabis use as inherent, instead of a product of mis-cultivation, mis-distribution and mis-use - Did the Court of Appeal fail to address the issue of whether   [...]  Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 3(1) - Whether prohibiting possession of Cannabis (marihuana) for personal use under s. 3(1) of the Narcotic Control Act, R.S.C. 1985, c. N‐1, by reason of the inclusion of this substance in s. 3 of the Schedule to the Act (now s. 1, Schedule II,  [...]  Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 3(1) - Whether prohibiting possession of Cannabis (marihuana) for personal use under s. 3(1) of the Narcotic Control Act, R.S.C. 1985, c. N‐1, by reason of the inclusion of this substance in s. 3 of the Schedule to the Act (now s. 1, Schedule II,

  • 155.

    Appeals Heard / Appels entendus - 2002-12-13

    News Releases

    Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 4 - Whether the Court of Appeal erred in characterizing the harms that may come with cannabis use as inherent, instead of a product of mis-cultivation, mis-distribution and mis-use - Did the Court of Appeal fail to address the issue of whether   [...]  Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 3(1) - Whether prohibiting possession of Cannabis (marihuana) for personal use under s. 3(1) of the Narcotic Control Act, R.S.C. 1985, c. N‐1, by reason of the inclusion of this substance in s. 3 of the Schedule to the Act (now s. 1, Schedule II,  [...]  Canadian Charter of Rights and Freedoms - Section 7 - Narcotic Control Act, s. 3(1) - Whether prohibiting possession of Cannabis (marihuana) for personal use under s. 3(1) of the Narcotic Control Act, R.S.C. 1985, c. N‐1, by reason of the inclusion of this substance in s. 3 of the Schedule to the Act (now s. 1, Schedule II,

  • 156.

    Appeals Heard / Appels entendus - 2001-12-13

    News Releases

    Canadian Charter of Rights and Freedoms - Search and seizure - Criminal law - Solicitor and client privilege - Section 488.1 of Criminal Code providing procedure for securing privilege in documents seized from law office - Documents seized from law office - Whether s. 488.1 of the Criminal Code infringes s. 7 and/or s. 8 of  [...]  Veit J. heard the constitutional argument, and struck s. 488.1 of the Code for unconstitutionality because it breached ss. 7 and 8 of the Canadian Charter of Rights and Freedoms . An appeal by the Queen in right of Canada from the decision of Veit J. was dismissed by the Alberta Court of Appeal.   [...]  The Respondent applied to the court for a declaration that s. 488.1 violates ss. 7 and 8 of the Canadian Charter of Rights and Freedoms and is therefore unconstitutional. The application for an order declaring s. 488.1 of the Code in breach of ss. 7 and 8 of Charter and thus constitutionally invalid was dismissed.

  • 157.

    News release of May 22, 1998 - 1998-05-22

    News Releases

    Canadian Charter of Rights and Freedoms - Criminal law - Search and seizure - Whether the Federal Court of Appeal erred in holding that prior judicial approval based upon reasonable grounds on oath is required before Canadian officials can request a foreign state to search for and seize banking records kept and maintained   [...]  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 ?

  • 158.

    Bulletin of February 3, 2023 - 2023-02-03

    Bulletins

    They each filed a preliminary application in the court martial seeking a stay of proceedings because of an alleged infringement of their constitutional right to be tried by an independent and impartial tribunal guaranteed by s. 11(d) of the Canadian Charter of Rights and Freedoms . They argued that the possibility of   [...]  under s. 7 of Canadian Charter of Rights and Freedoms — Correct interpretation of legislative provision in question — Whether Court of Appeal erred in affirming finding that applicant is high-risk accused — Canadian Charter of Rights and Freedoms , s. 7 — Criminal Code , R.S.C. 1985, c. C-46, ss. 672.64 , 672.81 , 672.84 .   [...]  Donaldson applied in the Superior Court of Justice to have all evidence seized from 11 Brunel Court excluded pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms (the “Charter ”), on the basis that his rights protected by s. 8 of the Charter had been violated.

  • 159.

    Bulletin of October 2, 1992 - 1992-10-02

    Bulletins

    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 the Charter are thereby infringed - Applicability of s. 1 of the Charter .   [...]  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 .   [...]  1.Does s. 5(1) of the Food and Drugs Act , R.S.C. 1985, c. F-27 , in whole or in part, violate s. 7 of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is in the affirmative, is the impugned provision saved by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with

  • 160.

    Agenda / Calendrier - 2010-11-29

    News Releases

    75 and/or 90 of the Métis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 2(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 ?   [...]   ss. 75 and/or 90 of the Métis Settlements Act, R.S.A. 2000, c. M-14, 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 ?   [...]  ss. 75 and/or 90 of the Métis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 15 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 ?

  • 161.

    Bulletin of May 21, 1999 - 1999-05-21

    Bulletins

    with, or infringe or deny rights guaranteed by, s. 7 of the Canadian Charter of Rights and Freedoms ? 2. If the answer to the foregoing question is yes, is s. 21(1) of The Child and Family Services Act, S.M. 1985‐86, c. C‐80 as amended demonstrably justified pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   F.3, infringe or deny s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. Gonthier J. would answer no. Question 2: If the answer to Question 1 is "yes", is the infringement or denial demonstrably justified in a free and democratic society pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  Do the words “and is ordinarily resident on the reserve” contained in s. 77(1) of the Indian Act , R.S.C., 1985, c. I-5 , contravene s. 15(1) of the Canadian Charter of Rights and Freedoms , either generally or with respect only to members of the Batchewana Indian Band?

  • 162.

    Bulletin of June 16, 1995 - 1995-06-16

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Defence - Evidence - Pre-trial procedure - Procedural law - Whether there was an improper re-examination - Whether alcohol induced automatism should have been left with the jury as a defence - Whether the preferred indictment after discharge at a preliminary hearing   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Offence - Arson - Whether the Court of Appeal and trial judge erred in finding that the search conducted by the district fire chief did not amount to an unlawful and unreasonable search contrary to s. 8 of the Charter - Whether the Court of Appeal erred in finding the  [...]  Canadian Charter of Rights and Freedoms - Criminal law - Trial - Right to be tried within reasonable time - Four and one half month of twenty-two month delay attributable to Crown - Accused in custody pre-trial.

  • 163.

    Bulletin of May 15, 1998 - 1998-05-15

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Criminal harassment - Whether s. 264 (criminal harassment) is contrary to ss. 2(b) , 2(d) and 7 of the Charter - Whether the Court of Appeal erred in approving the charge to the jury on s. 264 (criminal harassment).   [...]  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 ? 1. L’article 231.4 de la Loi de l’impôt sur le revenu, S.R.C. 1952, ch. 148 et ses modifications, restreint-il des droits garantis par l’art. 7 de la Charte canadienne   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Procedural law - Trial - Trial within a reasonable time - Whether the right to be tried within a reasonable time includes the right to be sentenced within a reasonable time.

  • 164.

    Bulletin of February 21, 2003 - 2003-02-21

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Principles of fundamental justice - Extradition - Jurisdiction - Whether Applicant’s extradition was barred by Art. 4(1)(i) of the Treaty - Whether Applicant’s surrender contrary to s. 7 of Charter given issues of double jeopardy and the potential imposition of a life  [...]  Application for an order granting habeas corpus, certiorari, prohibition and relief under s. 24(1) of the Canadian Charter of Rights and Freedoms dismissed August 1, 2002 Court of Appeal for Ontario   [...]  3. Is Rule 57 of the British Columbia Supreme Court Rules, B.C. Reg. 221/90, inconsistent with a right of access to justice protected by the Preamble of the Canadian Charter of Rights and Freedoms and therefore constitutionally inapplicable to the respondents in the circumstances of this case?

  • 165.

    Bulletin of February 15, 2013 - 2013-02-15

    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 ? 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 ?   [...]   of the Immigration and Refugee Protection Act , S.C. 2001, c. 27 , infringe s. 7 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 ?

  • 166.

    Bulletin of November 28, 2008 - 2008-11-28

    Bulletins

    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.

  • 167.

    Bulletin of September 27, 2013 - 2013-09-27

    Bulletins

    The trial judge excluded the evidence under s. 24(2) of the Canadian Charter of Rights and Freedoms . The Court of Appeal allowed the appeal, holding that the search was reasonable and the accused’s arrest was justified.   [...]   should be excluded — Canadian Charter of Rights and Freedoms, ss. 8 , 24(2) . Constitutional law — Charter of Rights — Arbitrary detention — Accused seeking to exclude evidence of marihuana seized during highway traffic stop — Whether accused was arbitrarily detained — Canadian Charter of Rights and Freedoms, s. 9 .   [...]   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 .

  • 168.

    Bulletin of May 7, 2010 - 2010-05-07

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Appeals - Interlocutory orders. June 17, 2008   [...]  3. Do ss. 75 and/or 90 of the Settlements Act, R.S.A. 2000, c. M-14, 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 ?   [...]   75 and/or 90 of the Métis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 15 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 Freedom s ?

  • 169.

    Bulletin of July 16, 1993 - 1993-07-16

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Offences - Did the Court Appeal err in holding that the mens rea for manslaughter is objective foreseeability of bodily harm, that is not trivial, caused by a dangerous, unlawful act or acts that result in death?   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Evidence - Trial - Defence - Charge to jury - Right to the effective assistance of counsel - Whether the Court of Appeal erred in refusing to admit fresh evidence regarding the issue of right to the effective assistance of counsel - Whether the Court of Appeal erred   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Search and seizure - Narcotics - Should evidence of warrantless search of automobile parked on private property have been excluded?

  • 170.

    Bulletin of July 22, 2011 - 2011-07-22

    Bulletins

    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 not necessary to answer this question. 3. Do ss. 75 and/or 90 of the Metis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 7 of the Canadian Charter of Rights and Freedoms ?   [...]   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 not necessary to answer this question. 5. Do ss. 75 and/or 90 of the Metis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 15 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 Freedom s ? It is not necessary to answer this question.

  • 171.

    Bulletin of March 4, 2005 - 2005-03-04

    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. 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 ?

  • 172.

    Bulletin of June 15, 2001 - 2001-06-15

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Trial within a reasonable time - Whether delays caused by a co-accused’s failure to properly instruct and retain counsel are neutral delays   [...]  Canadian Charter of Rights and Freedoms - Broadcasting - Application by electronic media to access and broadcast proceedings denied - Whether denial of electronic access to court proceedings constitutes infringement of media’s s. 2(b) Charter rights.   [...]  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 - Use and derivative use immunity in a subsequent tax evasion prosecution in which that person’s liberty

  • 173.

    Bulletin of April 8, 2011 - 2011-04-08

    Bulletins

    1. 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 ? 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. 184.4 of the Criminal Code , R.S.C. 1985, c. C-46 , 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. 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 ? 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 ?

  • 174.

    Agenda / Calendrier - 2009-11-02

    News Releases

    s. 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 .   [...]  The trial judge found that the Respondent’s arrest was unlawful and, pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms , excluded the evidence of drugs found when he was searched.

  • 175.

    Bulletin of March 29, 1996 - 1996-03-29

    Bulletins

    the Canada Pension Plan discriminate on the basis of age and thereby violate section 15 of the Canadian Charter of Rights and Freedoms , which discrimination is not a reasonable limit that can be demonstrably justified in a free and democratic society pursuant to section 1 of the Canadian Charter of Rights and Freedoms .   [...]   the Canada Pension Plan discriminate on the basis of age and thereby violate section 15 of the Canadian Charter of Rights and Freedoms , which discrimination is not a reasonable limit that can be demonstrably justified in a free and democratic society pursuant to section 1 of the Canadian Charter of Rights and Freedoms .   [...]  Canadian Charter of Rights and Freedoms - Civil procedure - Costs - Litigant acting in person -Section 36 of the Solicitors Act.