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2,237 result(s)

  • 2,051.

    Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2011-07-11

    News Releases

    Canadian Charter of Rights and Freedoms — Fundamental justice — Right to a fair hearing ‐ How should “timely” disclosure be defined?

  • 2,052.

    Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2010-11-29

    News Releases

    He also asserted that in denying his claim for a tax credit, the CRA had breached its fiduciary duty to act fairly and in good faith in accordance with the Act and the Canadian Charter of Rights and Freedoms . In relief, Mr. Verdicchio sought letters of apology, moral damages, and the annulment of all claims for taxes

  • 2,053.

    Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2010-03-22

    News Releases

    - If so, is the appropriate remedy the exclusion of evidence pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms?- Charter ss. 8 , 24(2) The Applicant’s vehicle was stopped by police after they had received a civilian’s complaint about an impaired driver in clothing and vehicle matching that of the

  • 2,054.

    Agenda / Calendrier - 2008-11-03

    News Releases

    Canadian Charter-Criminal - Criminal law - Pre-trial procedure - Whether the majority of the Court of Appeal erred in holding that the trial judge erred in the remedy chosen under s. 24(1) of the Canadian Charter of Rights and Freedoms - Whether the majority of the Court of Appeal erred in allowing the Crown’s appeal.

  • 2,055.

    Bulletin of October 17, 2008 - 2008-10-17

    Bulletins

    Charter of Rights ‐ Criminal law - Right to counsel‐ Whether the Court of Appeal erred in holding that s. 10(b) of the Canadian Charter of Rights and Freedoms does not require the police to suspend further questioning a detainee who has exercised his right to counsel prior to the interrogation but requests a second

  • 2,056.

    Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2008-06-16

    News Releases

    - Canadian Charter of Rights and Freedoms , ss. 7 , 8 , 9 , 10 , 15 and 24(1) . The Applicant, Mr. Kelly, commenced an action citing the violation of his Charter rights under ss. 7, 8, 9, 10 and 15.

  • 2,057.

    Bulletin of April 13, 2007 - 2007-04-13

    Bulletins

    and damages should be combined as a remedy under section 24(1) – Canadian Charter of Rights and Freedoms, ss. 1 , 7 , 15 . Since September 2000, the Ontario government has provided assistance to preschool autistic children who are between two and five years old through the Intensive Early Intervention Program (IEIP).

  • 2,058.

    Bulletin of November 17, 2006 - 2006-11-17

    Bulletins

    Charter of Rights (Criminal ) — Search and Seizure — Sniffer Dog — Search of school — Whether A.M.’s rights under s. 8 of the Canadian Charter of Rights and Freedoms breached — Whether evidence properly excluded at A.M.’s trial for possession of drugs for the purposes of trafficking.

  • 2,059.

    Bulletin of July 30, 2004 - 2004-07-30

    Bulletins

    These fundamental freedoms are protected by s. 3 of the Quebec Charter of Human Rights and Freedoms and s. 2( b ) of the Canadian Charter of Rights and Freedoms . However, freedom of expression is not absolute and can be limited by the requirements imposed by other people’s right to the protection of their reputation.

  • 2,060.

    Bulletin of March 7, 2003 - 2003-03-07

    Bulletins

    in law in ruling that Respondent’s rights under s. 10( b ) of Canadian Charter of Rights and Freedoms were violated as a result of Respondent not being advised of existence and availability of Legal Aid - Whether Court of Appeal erred in law in ruling inadmissible as evidence breathalyzer readings of Respondent herein.

  • 2,061.

    Bulletin of February 14, 2003 - 2003-02-14

    Bulletins

    peace and thereby violates the principle of judicial independence guaranteed by the preamble of the Constitution Act, 1867 , or s. 11(d) of the Canadian Charter of Rights and Freedoms - If the provision violates s. 11(d), is the Act demonstrably justified as a reasonable limit prescribed by law under s. 1 of the Charter?

  • 2,062.

    Bulletin of October 4, 2002 - 2002-10-04

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Liberty - Security of the person - Principles of fundamental justice - Unreasonable delay - Pre-charge delay - Whether unexplained, or unsatisfactorily explained pre-charge delay may constitute a violation of the right to trial within a reasonable time under s. 7 of

  • 2,063.

    Bulletin of February 27, 1998 - 1998-02-27

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Procedural law - Jury address - Whether ss. 651(3) and 651(4) of the Criminal Code , which require counsel for the accused to address the jury before the Crown if the accused calls evidence, violate ss. 7 and 11 of the Charter - Whether accused entitled to right of

  • 2,064.

    Bulletin of November 28, 1997 - 1997-11-28

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Extradition - Police - Confessions - Whether the extradition judge erred in finding the confessions of the Applicant to be voluntary in law.

  • 2,065.

    Part 3, 2021 Vol. 3 ([2021] 3 SCR 531-683) - 2021-11-26

    Canada Supreme Court Reports

    Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, ss. 1, 7, 11(g), (i), 12, 24(1). Constitution Act, 1867.   [...]  By criminalizing, for example, legitimate bodyguards, the offence violated the rights of sex workers under s. 7 of the Canadian Charter of Rights and Freedoms. This declaration did not take immediate effect but rather was suspended for one year.   [...]  In Nova Scotia (Workers’ Compensation Board) v. Martin, 2003 SCC 54, [2003] 2 S.C.R. 504, this Court explained that “[t]he invalidity of a legislative provision inconsistent with the [Canadian Charter of Rights and Freedoms] does not arise from the fact of its being declared unconstitutional by a court, but from the

  • 2,066.

    Bulletin of September 2, 2022 - 2022-09-02

    Bulletins

    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, he argued that the six‐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 because a sentence of imprisonment was unjustified.

  • 2,067.

    Bulletin of October 26, 2018 - 2018-10-26

    Bulletins

    was inapplicable both at time of commission of offence and at time of sentencing – Canadian Charter of Rights and Freedoms , s. 11( i ) . R.P. was convicted in 2016 of three counts of gross indecency and sexual assault committed against his nephew between 1979 and 1987, when his nephew was between the ages of 7 and 15.   [...]  V applied for an order compelling disclosure and G applied for a stay of proceedings on the basis that his rights under s. 7 of the Canadian Charter of Rights and Freedoms had been breached. V’s application was dismissed and he was subsequently convicted of both charges, but G was granted a stay of proceedings.

  • 2,068.

    Bulletin of October 21, 2011 - 2011-10-21

    Bulletins

    At issue is whether the words "child died before ... birth" are vague and therefore whether s. 243 breaches s. 7 of the Canadian Charter of Rights and Freedoms . The trial judge held that he could not determine a coherent, unambiguous meaning for the term "child" in the context of a death that occurs before birth.   [...]  ‐ Does the Human Rights Commission have jurisdiction to investigate a complaint of a violation of s. 15 of the Canadian Charter of Rights and Freedoms as its own ground of complaint? ‐ Does the Human Rights Act, R.S.N.S. 1989, c. 214, have primacy over other legislation in Nova Scotia?

  • 2,069.

    Bulletin of October 31, 2008 - 2008-10-31

    Bulletins

    for purposes of trafficking - Whether trial judge erred in admitting evidence of drugs seized by police when they executed search warrant - Whether admission of evidence would bring administration of justice into disrepute - Canadian Charter of Rights and Freedoms , s. 24(2) . Marihuana was seized on the Whitaker property.   [...]  Canadian Charter-Criminal - Criminal law - Pre-trial procedure - Whether the majority of the Court of Appeal erred in holding that the trial judge erred in the remedy chosen under s. 24(1) of the Canadian Charter of Rights and Freedoms - Whether the majority of the Court of Appeal erred in allowing the Crown’s appeal.

  • 2,070.

    Bulletin of October 20, 1995 - 1995-10-20

    Bulletins

    Criminal law - Evidence - Canadian Charter of Rights and Freedoms - Offences - Breathalyser -Whether the higher courts erred in disturbing the trial judge's ruling that a reasonable doubt existed with respect to the Applicant's blood alcohol level exceeding 80 mgs. percent - Whether the higher courts erred in characterizing  [...]   ‐‐ Whether principles of fundamental justice and the right to a fair trial permit exclusion of evidence obtained outside Canada ‐‐ Canadian Charter of Rights and Freedoms, ss. 7 , 10(b) , 11(d) , 24(1) , (2) , 32 . The appellant was tried in Canada on the basis of statements she made to police in the United States.

  • 2,071.

    Bulletin of June 23, 1995 - 1995-06-23

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Procedural law - Pre-trial procedure -Evidence - Tests and procedures to be followed when production of confidential sexual assault counselling records is sought in a criminal trial - Motion for production of sexual assault counselling records granted - Whether the   [...]  The common law governing the mens rea of sexual assault should be approached having regard to s. 15 of the Canadian Charter of Rights and Freedoms , and it should be accepted that the mens rea for sexual assault is also established by showing that the accused was aware of, or reckless or wilfully blind to, the fact that

  • 2,072.

    Part 4, 2019 Vol. 2 ([2019] 2 SCR i-lxv 831-1044) - 2019-06-27

    Canada Supreme Court Reports

    Canadian Charter of Rights and Freedoms s. 1 ........................................................ s. 7 ........................................................ s. 8 ........................................................ s. 9 ........................................................   [...]  Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, s. 15(1). [2019] 2 S.C.R. Procureure générale de l’Ontario Requérante c. G Intimé   [...]  That being so, I see no apparent reason why he should be deprived of his s. 15(1) right under the Canadian Charter of Rights and Freedoms in the interim. In particular, I adopt the Le juge Moldaver

  • 2,073.

    Part 1, 2018 Vol. 3 - 2018-11-09

    Canada Supreme Court Reports

    Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, ss. 7, 11(d). Criminal Code, R.S.C. 1985, c. C-46, ss. 253(1), 254(1), 258(1), (7), 278.1 to 278.9.   [...]  Statutes and Regulations Cited Canadian Charter of Rights and Freedoms. Criminal Code, R.S.C. 1985, c. C-46, ss. 253(1)(a), (b), 674.   [...]  Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, ss. 1 to 34. Constitution Act, 1867, Part VI, ss. 91, 92.

  • 2,074.

    Part 3, 2020 Vol. 1 ([2020] 1 SCR i-lxxi 577-863) - 2020-06-12

    Canada Supreme Court Reports

    C Canadian Charter of Rights and Freedoms s. 1 ......................................................... s. 23 .......................................................   [...]  Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, s. 8. Controlled Drugs and Substances Act, S.C. 1996, c. 19, ss. 2(1) “traffic”, 5(1).   [...]  Canadian Charter of Rights and Freedoms, ss. 1, 7, 15, 23, 24, 33. Common Schools Act 1871, S.N.B. 1871, c. 21, s. 60.

  • 2,075.

    Bulletin of April 14, 2022 - 2022-04-14

    Bulletins

    discretion holder has obligation to decide whether or not to exercise discretion — Whether right to use French in Territories courts includes right to be understood directly, that is, without interpreter — Canadian Charter of Rights and Freedoms, ss. 19(1) and 23 — Official Languages Act, R.S.N.W.T. 1988, c. O‐1, s. 9(1).