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2,237 result(s)
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2,176.
Bulletin of January 19, 2018 - 2018-01-19
BulletinsCanadian Charter of Rights and Freedoms – Criminal law – Extradition – Judicial review of Minister’s surrender order – Whether Court of Appeal erred in finding extradition was not barred by principle of double jeopardy, in finding sentence faced in United States does not make surrender unjust and oppressive or contrary to
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2,177.
Bulletin of December 7, 2012 - 2012-12-07
BulletinsCanadian Charter of Rights and Freedoms — Freedom of expression — Reasonable limits — Municipal law — Jurisdiction to pass bylaws — Bylaws — Official Languages — Validity of bylaw respecting language of new exterior commercial signs — Standing — Whether the Court of Appeal erred in holding that Mr. Galganov did not have
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2,178.
Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2011-10-17
News ReleasesAt 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.
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2,179.
Bulletin of May 14, 2010 - 2010-05-14
Bulletins- Canadian Charter of Rights and Freedoms, ss. 2(b) , 7 , 11(d) , 15 . The applicant, Ms. Betty Krawczyk, was a member of a group of protestors that conducted demonstrations in 2006 to oppose the expansion of the Sea to Sky Highway, citing environmental concerns.
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2,180.
Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2010-04-19
News Releases— Canadian Charter of Rights and Freedoms , 1982, ss. 1 and 2(b). The Applicant, Jack Lloyd Breeden, was convicted of three counts of trespass under the Trespass Act, R.S.B.C. 1996, c. 462.
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2,181.
Bulletin of April 9, 2010 - 2010-04-09
BulletinsCanadian Charter of Rights and Freedoms - Civil rights - Freedom of association - Labour relations ‐ Complaint under ss. 15 et seq. of Labour Code, R.S.Q., c. C‐27, alleging that reprisals were taken against employee because she had exercised right under Code - Whether Superior Court and Court of Appeal erred in restricting
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2,182.
Bulletin of November 6, 2009 - 2009-11-06
Bulletinssex discrimination in the status registration provisions of the Indian Act, but instead continues that discrimination, in part, is justified because of a need to preserve existing rights and to avoid anomalies - Canadian Charter of Rights and Freedoms , s. 15 . The Applicants McIvor and Grismer are mother and son.
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2,183.
Bulletin of November 21, 1997 - 1997-11-21
BulletinsCanadian Charter - Civil - Section 35 of the Canadian Charter of Rights and Freedoms - Constitutional law - Indians - Whether the Court of Appeal erred in failing to consider whether the IEP is discriminatory - Whether the Court of Appeal erred in deciding that the IEP is not “legislation” and consequently not ultra vires
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2,184.
SCR | RCS [2016] vol 2 - 2016-12-09
Canada Supreme Court ReportsCanadian Charter of Rights and Freedoms, ss. 1, 11(d). Constitution Act, 1867, preamble, ss. 92(14), 96, 101. [...] Canadian Charter of Rights and Freedoms, preamble, s. 2(b). Charter of human rights and freedoms, CQLR, c. C-12, s. 3. [...] Without the rule of law the Canadian Charter of Rights and Freedoms, which some of you sought to in-voke, would be nothing but another piece of parchment adrift in the timeless evolution of man’s history.
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2,185.
SCR | RCS [2012] vol 2 - 2012-10-17
Canada Supreme Court ReportsCanadian Charter of Rights and Freedoms s. 7 s. 24(1) Constitution Act, 1867 s. 91(10) s. 92(10) s. 92(13) [...] Canadian Charter of Rights and Freedoms, s. 7. Crimes Act 1958 (Vic.), ss. 22, 23. Crimes Act 1961 (N.Z.), 1961, No. 43, ss. 145, 188(2). [...] Canadian Charter of Rights and Freedoms. Criminal Code, R.S.C. 1985, c. C-46, ss. 16, 591(3)(b), 686(1)(b)(iii).
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2,186.
SCR | RCS [1998] vol 2 - 1998-10-22
Canada Supreme Court ReportsCanadian Charter of Rights and Freedoms, ss. 2, 3, 4, 7 to 14, 15, 25, 33. Charter of the United Nations, Can. T.S. 1945 No. 7, Arts. 1(2), 55. [...] — S'il y a eu violation de la Charte, Canadian Charter of Rights and Freedoms, ss. 7, 10(b), 24(2), la déclaration doit-elle être écartée en vertu de l'art. 24(2)? [...] Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, ss. 2, 3, 6, 7, 8, 9, 10, 10(b), 11, 11(d), 12, 13, 14, 15, 23, 24(2), 32(1).
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2,187.
Bulletin of January 13, 2023 - 2023-01-13
Bulletinsduty of disclosure in context of use by DCPP of preferred indictment — Whether Quebec Court of Appeal erred in its analysis under s. 24(2) of Canadian Charter of Rights and Freedoms — Whether Quebec Court of Appeal erred in holding that trial court was correct to dismiss entirely his application for disclosure of handlers’
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2,188.
Judgments to be Rendered in Leave Applications - 2021-03-15
News ReleasesIn the Court of Appeal’s view, the trial judge had properly concluded that the rights guaranteed in ss. 8 and 9 of the Canadian Charter of Rights and Freedoms had not been infringed, and it was therefore not necessary to review the principles applicable to applications for the exclusion of evidence under s. 24(2) of the
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2,189.
Bulletin of January 15, 2021 - 2021-01-15
Bulletinsof Appeal erred in law in finding that guilty verdict entered at trial on count of fraud was reasonable — Canadian Charter of Rights and Freedoms , s. 14 . The respondent Crown alleged that the applicant, Ms. Lu, had committed fraud over $5,000 on the government and had conspired with one Ms. Zhao to commit that fraud.
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2,190.
Bulletin of December 11, 2020 - 2020-12-11
BulletinsCanadian Charter of Rights and Freedoms — Right to equality — Law school not considering admissions application without Law School Admission Test (LSAT) — Lower courts dismissing action claiming admission policy requiring LSAT test violated Charter — Are private entities exercising governmental functions, such as
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2,191.
Bulletin of April 24, 2015 - 2015-04-24
Bulletinsit is necessary to determine responsibility as between province or territory and school board prior to finding prima facie breach of s. 23 of Canadian Charter of Rights and Freedoms . Constitutional law — Charter of Rights — Procedure — Hearing — Procedural fairness — Phasing of proceedings — Relevance of pleadings —
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2,192.
Bulletin of April 4, 2014 - 2014-04-04
Bulletinswhich follows a conviction of an aider and abettor of first degree murder and that which follows the conviction of the principal of second degree murder constitutes a breach of s. 7 of the Canadian Charter of Rights and Freedoms . The applicant, Mr. Huard, and another man, Mr. Zoldi, were accused of killing a drug dealer.
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2,193.
Bulletin of April 5, 2013 - 2013-04-05
BulletinsThe applicants brought an action against the Province of British Columbia and the Minister of Education (collectively, the “Province”), alleging violations of the Province’s constitutional obligations under s. 23 of the Canadian Charter of Rights and Freedoms . The Province filed an application to remove the applicants
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2,194.
Bulletin of January 18, 2013 - 2013-01-18
Bulletinsthe Marihuana Medical Access Regulations are constitutional - Whether there are issues of public importance - Canadian Charter of Rights and Freedoms , s. 7 . Prior to the commencement of his trial, the applicant’s application to have the Information quashed on the basis that the offence was unconstitutional was dismissed.
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2,195.
Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2007-11-09
News Releases27 - Whether five-year period in s. 28 of Act applies to periods prior to June 28, 2002 - If so, whether applying s. 28 retroactively breaches s. 7 of Canadian Charter of Rights and Freedoms . The Applicant, a British national born in Hong Kong, was landed in Canada in 1994 under the Immigration Act, R.S.C. 1985, c. I-2.
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2,196.
Bulletin of July 16, 2004 - 2004-07-16
BulletinsThe appellant in response filed a motion for return of the money on the ground that it had been improperly seized contrary to ss. 8 and 9 of the Canadian Charter of Rights and Freedoms . The Provincial Court judge dismissed the Crown’s application and ordered the money returned to the appellant on the basis that it had been
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2,197.
Bulletin of May 26, 2023 - 2023-05-26
Bulletinscommunications in possession of a third party — Did the trial judge err in law by relying on the failure of the applicants to testify at the voir dire to find that they did not have a reasonable expectation of privacy — Canadian Charter of Rights and Freedoms , s. 8 . The Waltons operated a private security company.
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2,198.
Bulletin of May 24, 2019 - 2019-05-24
BulletinsIt may be that consideration should be given to the availability, under s. 24(1) of the Canadian Charter of Rights and Freedoms , of remedies other than exclusion of evidence when dealing with s. 24(2), but the majority would leave this question for another day.
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2,199.
Bulletin du 2 mars 2012 - 2012-03-02
BulletinsCanadian Charter of Rights and Freedoms ‐ Self Incrimination ‐ Whether an application of this Court’s judgment in R. v. Henry, [2005] 3 S.C.R. 609, permits the use of examination for discovery evidence to impeach the credibility of an accused who testifies inconsistently with that evidence at his or her criminal trial ‐ If
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2,200.
Bulletin of December 9, 2011 - 2011-12-09
BulletinsCanadian Charter of Rights and Freedoms ― Right to a fair hearing ― Taxation ― Tax evasion ― Applicants convicted summarily of multiple counts of GST and income tax evasion and filing false tax returns contrary to s. 239(1) of the Income Tax Act , R.S.C. 1985, c. 1 (5 th Supp .) and s. 327(1) of the Excise Tax Act , R.S.C.