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2,237 result(s)

  • 176.

    Judgment in Appeal / Jugement sur appel - 2009-07-10

    News Releases

    1. Does the Canadian Charter of Rights and Freedoms apply, pursuant to section 32 of the Canadian Charter of Rights and Freedoms , to clause 2 and the Standards and Limitations numbered 7 and 9 of the transit authorities’ advertising policies?   [...]   authorities’ advertising policies infringe section 2( b ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 3. If so, is the infringement a reasonable limit 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 ?

  • 177.

    Judgment in Appeal / Jugement sur appel - 2011-03-04

    News Releases

    Death Benefits Regulations, C.R.C., c. 1360, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   Forces Superannuation Regulations, C.R.C., c. 396, infringe s. 15(1) 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 ?

  • 178.

    Judgment in Appeal / Jugement sur appel - 2009-07-24

    News Releases

    Reg. 137/2003, infringe s. 2( a ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  Reg. 137/2003, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. LeBel, Fish and Abella JJ. find it unnecessary to answer this question.   [...]  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 ? Answer: It is not necessary to answer this question.

  • 179.

    Judgments in appeal and motion / Jugements sur pourvoi et requête - 2001-04-20

    News Releases

    infringe the rights of an accused person as guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 2. If the answer to Question 1 is yes, is the said infringement of the s. 7 rights a reasonable limit that can be demonstrably justified under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  3. Does s. 17 of the Criminal Code , R.S.C. 1985, c. C-46 , infringe the rights of an accused person as guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms by precluding access to the defence of duress where the threat is to a third party?   [...]  4. If the answer to Question 3 is yes, is the said infringement of the s. 7 rights a reasonable limit that can be demonstrably justified under s. 1 of the Canadian Charter of Rights and Freedoms ? Answer: No answer is necessary. Le pourvoi est rejeté et l’acquittement de l’intimée est confirmé.

  • 180.

    News release of May 29, 1998 - 1998-05-29

    News Releases

    The appeal is allowed with costs and s. 322.1 of the Canada Elections Act is declared to be inconsistent with the Canadian Charter of Rights and Freedoms and hence of no force or effect by reason of s. 52 of the Constitution Act, 1982 .   [...]  Question 1: Does s. 322.1 of the Canada Elections Act, R.S.C., 1985, c. E-2, as amended, infringe s. 2(b) and/or s. 3 of the Canadian Charter of Rights and Freedoms ? Answer: Yes with respect to s. 2(b), and no comment with respect to s. 3.   [...]  Question 2: 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 ?

  • 181.

    Bulletin of June 13, 2014 - 2014-06-13

    Bulletins

    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. 95(2) of the Criminal Code , R.S.C. 1985, c. C-46 , infringe s. 7 of the Canadian Charter of Rights and Freedoms ?   [...]  1. Does s. 95(2) (a)(ii) of the Criminal Code, R.S.C. 1985, c. C-46 , infringe s. 12 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. 95(2) (a)(ii) 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 ?

  • 182.

    Bulletin of August 29, 2003 - 2003-08-29

    Bulletins

    of Hospital Insurance Act, R.S.Q., c. A-28, infringe the rights guaranteed by 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 ?   [...]   the Health Insurance Act, R.S.Q., c. A-29, infringe the rights guaranteed by 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 ?   [...]  11. Does s. 11 of the Hospital Insurance Act, R.S.Q., c. A-28, infringe s. 12 of the Canadian Charter of Rights and Freedoms ? 12. 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 ?

  • 183.

    Bulletin of February 5, 1993 - 1993-02-05

    Bulletins

    as an inmate in any penal institution shall not vote, contrary to section 3 of the Canadian Charter of Rights and Freedoms . 2. If so, does subsection 51(e) of the Canada Elections Act constitute a reasonable limit on the right to vote within the meaning of section 1 of the Canadian Charter of Rights and Freedoms ?   [...]   as an inmate in any penal institution shall not vote, contrary to section 3 of the Canadian Charter of Rights and Freedoms . 2. If so, does subsection 51(e) of the Canada Elections Act constitute a reasonable limit on the right to vote within the meaning of section 1 of the Canadian Charter of Rights and Freedoms ?   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Interpretation - Evidence - Manslaughter - Death caused by an unlawful act - Criminal negligence - Interpretation of s. 222(5) (a) of the Criminal Code .

  • 184.

    Judgment in Appeal / Jugement sur appel - 2011-09-30

    News Releases

    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 ?

  • 185.

    Judgment in Appeal / Jugement sur appel - 2007-06-08

    News Releases

    1. Does Part 2 of the Health and Social Services Delivery Improvement Act, S.B.C. 2002, c. 2, in whole or in part, infringe s. 2( d ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes, in part. Sections 6(2), 6(4) and 9 infringe s. 2(d).   [...]  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 ? Answer: No. Deschamps J. would answer that only s. 6(4) cannot be justified under s. 1.   [...]   Act, S.B.C. 2002, c. 2, in whole or in part, infringe s. 15 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 ?

  • 186.

    Agenda - 2018-04-09

    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

  • 187.

    Bulletin of June 3, 2011 - 2011-06-03

    Bulletins

    and 258(1) (d.1) 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 that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   258(1) (d.1) of the Criminal Code , R.S.C. 1985, c. C-46 , infringe s. 11( c ) 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 ?   [...]   258(1) (d.1) 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 that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 188.

    Bulletin of February 2, 1996 - 1996-02-02

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Appeals - Crown's appeal of acquittals on charges under s. 57(2) of Competition Act - Substitution of convictions.   [...]   as guaranteed by the Canadian Charter of Rights and Freedoms - Whether the majority of the Court of Appeal erred in law in holding that the evidence obtained in a manner which infringed or denied the Appellant's rights and freedoms as guaranteed by the Canadian Charter of Rights and Freedoms should not be excluded   [...]  As a result, there occurred a breach of the appellant's rights under the Canadian Charter of Rights and Freedoms . conforme au par. 254(2) du Code criminel , L.R.C. (1985), ch.

  • 189.

    Judgments in Appeals - 2016-06-03

    News Releases

    1. Do ss. 231.2(1) and 231.7 and the definition of “solicitor client privilege” set out in s. 232(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp .), infringe a right guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms insofar as they apply to a lawyer or a notary? No answer is required.   [...]   1 of the Canadian Charter of Rights and Freedoms ? No answer is required. 3. Do ss. 231.2(1) and 231.7 and the definition of “solicitor client privilege” set out in s. 232(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp .), infringe the right guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms insofar   [...]  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 ? No. 35590 Minister of National Revenue v. Duncan Thompson – and – Federation of Law Societies of Canada, Canadian Bar Association

  • 190.

    Bulletin of October 9, 1998 - 1998-10-09

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Sentencing - Cruel and unusual punishment or treatment - Whether the Court of Appeal erred in concluding that the mandatory minimum sentence in s. 220(a) (criminal negligence causing death) did not violate s. 12 of the Charter .   [...]  Procedural law - Civil procedure - Summary judgment - Whether the Court has the power to grant summary judgment - Whether granting summary judgment in this case denied the Applicant’s rights under the Canadian Charter of Rights and Freedoms . PROCEDURAL HISTORY March 25, 1997 Ontario Court (General Division)   [...]  Canadian Charter of Rights and Freedoms - Administrative law - Whether the delay in processing human rights complaints violates the Respondent’s s. 7 Charter right to liberty and security of the person.

  • 191.

    Bulletin of December 6, 1996 - 1996-12-06

    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 .   [...]  Canadian Charter of Rights and Freedoms - Military law - Appeals - Sentencing - Whether the sentence appeal provisions of the National Defence Act violate s. 7 of the Charter - Whether the Court Martial Appeal Court erred in failing to accord deference to the specialized expertise of the General Court Martial - Whether the   [...]  Constitutional law - Canadian Charter of Rights and Freedoms - Courts - Judicial independence - Public Sector Pay Reduction Act - Whether the provisions of the Provincial Court Act accord with constitutional requirements of s. 11 (d) of the Charter - Whether the enactment of the Public Sector Pay Reduction Act created

  • 192.

    Bulletin of February 16, 1996 - 1996-02-16

    Bulletins

    Canadian Charter of Rights and Freedoms - Defamation action - Production of documents - Charter s. 2( b ) - Does the Constitution require the exercise of compulsory powers of the Court to be exercised in accordance with the Charter ?   [...]  Canadian Charter of Rights and Freedoms - Freedom of Religion - s. 2(a) - Right to life, liberty and security of the person - s. 7 - Equality rights - s. 15 - Whether RCMP "turban policy" infringes freedom of religion, right to life, liberty and security of the person and equality rights.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Defence - Evidence - Disclosure - Appeal as of right on severance of counts and similar fact evidence - Application for leave to appeal on whether the Court of Appeal of British Columbia erred in law in failing to rule that the Crown has an overriding duty pursuant to

  • 193.

    Judgments to be Rendered in Leave Applications - 2016-11-28

    News Releases

    Canadian Charter of Rights and Freedoms — Freedom of association — Arbitration Board awarding members of applicant union a series of wage increases for 2006 to 2009 — Expenditure Restraint Act having effect of nullifying wage increases awarded for 2006-2007 fiscal year — Whether a wage restraint legislation that eliminates   [...]  Canadian Charter of Rights and Freedoms – Constitutional law – Aboriginal peoples – Elections – Whether democracy is a fundamental constitutional principal that applies to First Nations elections so that every citizen of the Nation may participate in the electoral process including the right to be candidate – When elections  [...]  Charter of Rights – Application – Freedom of expression – Freedom of peaceful assembly – Freedom of association – Reasonable limits – Does the Canadian Charter of Rights and Freedoms apply to a university’s regulation of its common campus space for use by students – If the Canadian Charter of Rights and Freedoms does not

  • 194.

    Bulletin of June 29, 2007 - 2007-06-29

    Bulletins

    The Appeal Division also found that the Prince Edward Island Supreme Court had no jurisdiction to hear the claims referencing s. 36 of the Constitution Act, 1982 and s. 15 of the Canadian Charter of Rights and Freedoms or the breach of public trust claim. November 21, 2005   [...]  whole or in part or through their combined effect, infringe s. 2( b ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   governing the size of the mandatory messages infringe s. 2( b ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 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 ?

  • 195.

    Judgments in Appeals - 2018-12-14

    News Releases

    Section 737 of the Criminal Code , R.S.C. 1985, c. C-46 , infringes s. 12 of the Canadian Charter of Rights and Freedoms and is not saved by s. 1. It is invalidated with immediate effect, pursuant to s. 52(1) of the Constitution Act, 1982 .   [...]  Section 737 of the Criminal Code , R.S.C. 1985, c. C-46 , infringes s. 12 of the Canadian Charter of Rights and Freedoms and is not saved by s. 1. It is invalidated with immediate effect, pursuant to s. 52(1) of the Constitution Act, 1982 .   [...]  Section 737 of the Criminal Code , R.S.C. 1985, c. C-46 , infringes s. 12 of the Canadian Charter of Rights and Freedoms and is not saved by s. 1. It is invalidated with immediate effect, pursuant to s. 52(1) of the Constitution Act, 1982 .

  • 196.

    Judgment in Appeal - 2013-02-27

    News Releases

    Human Rights Code, S.S. 1979, c. S-24.1, infringe s. 2( a ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   Human Rights Code, S.S. 1979, c. S-24.1, infringe s. 2( b ) of the Canadian Charter of Rights and Freedoms ? Answer: Yes 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 ?

  • 197.

    Bulletin of March 26, 2004 - 2004-03-26

    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.   [...]   (c) 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, as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   (c) 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, as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 198.

    Bulletin of February 23, 2001 - 2001-02-23

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Right to counsel - Appointment of state-funded counsel - Whether the motions judge erred in not ordering the Crown to pay for counsel to represent the Applicants at trial - Trial procedure - Voir dire - Whether the trial judge erred in reading in evidence adduced on   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Right to counsel - Evidence - Admissibility - Accused’s advised by counsel to make no comment in his absence - Police officer informing accused that counsel have no right to be present during police interview - Interrogation conducted notwithstanding accused’s stating  [...]  Canadian Charter of Rights and Freedoms - Criminal law - Whether the Court of Appeal erred in concluding that the strip search of the Appellant did not violate section 8 of the Charter - If the strip search of the Appellant violated section 8 of the Charter, would the admission of the evidence bring the administration of

  • 199.

    Judgment to be Rendered in Appeal / Prochain jugement sur appel - 2011-09-26

    News Releases

    and Substances Act , S.C. 1996, c. 19 , infringe the rights guaranteed by 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 ?   [...]   and Substances Act , S.C. 1996, c. 19 , infringe the rights guaranteed by 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 ?

  • 200.

    Judgment in appeals / Jugement sur pourvois - 2001-01-26

    News Releases

    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 ? Answer Yes. 2. If s. 163.1(4) of the Criminal Code , R.S.C. 1985, c. C-46 , infringes s. 2( b ) of the Canadian Charter of Rights and Freedoms , is s. 163.1(4) a reasonable limit prescribed by  [...]  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