Advanced Search
- All Databases (3,436)
- Decisions (1,199)
- Resources (2,237)
2,237 result(s)
-
2,201.
Bulletin of April 7, 2000 - 2000-04-07
BulletinsCanadian Charter of Rights and Freedoms - Criminal law - Evidence - Right to fair trial - Sexual assault - Use of a firearm during commission of indictable offence - Corroboration - Whether Court of Appeal erred in its assessment of corroborative evidence and in accepting trial judge’s finding as to credibility and use of
-
2,202.
Bulletin of October 29, 1999 - 1999-10-29
BulletinsAppellant’s right to remain silent while in detention violated—Whether trial judge erred in law in applying section 24(2) of Canadian Charter of Rights and Freedoms . At around 8:30 p.m. on September 8, 1993, responding to the Appellant’s telephone call, police found the Appellant’s parents dead, murdered in their bed.
-
2,203.
Bulletin of December 13, 1996 - 1996-12-13
BulletinsCriminal Law - Canadian Charter of Rights and Freedoms - Sentencing - Evidence - Whether the Alberta Court of Appeal erred when, concerning charges of sexual assault simpliciter pursuant to s. 271(1) of the Criminal Code of Canada , it created an exception to the rule established by this Court in R. v. Gardiner [1982] 2
-
2,204.
SCR | RCS [2018] vol 1 part 1 - 2018-03-23
Canada Supreme Court ReportsCanadian Charter of Rights and Freedoms, ss. 1, 2(a), 24(1). Charter of human rights and freedoms, CQLR, c. C-12, preamble, ss. 1 to 38, 1 to 9, 3, 9.1, 10, 16 to 20, 16, 49, 51, 52, 53. [...] Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, ss. 10(b), 24(2). 1 A formal judgment was issued on February 19, 2018 and revised on April 6, 2018, to amend the French version of paras. 2, 4 and 5. [...] The dissenting judge would have ordered a new trial on the ground that the delivery of the Edmonton Police Service’s standard caution breached G.T.D.’s right to counsel under s. 10(b) of the Canadian Charter of Rights and Freedoms and that the inculpatory statement G.T.D. offered in response should be excluded under s.
-
2,205.
Part 4, 2021 Vol. 3 ([2021] 3 SCR i-lxv 685-897) - 2021-12-17
Canada Supreme Court ReportsC Canadian Charter of Rights and Freedoms s. 24(1) .................................................. [...] CONSTITUTIONAL LAW — (Concluded) taking effect — Canadian Charter of Rights and Freedoms, s. 24(1) — Constitution Act, 1982, s. 52(1) — Criminal Code, R.S.C. 1985, c. C-46, s. 212(1)(j). [...] mode of trial — Accused applying for stay of proceedings on basis that right to be tried within reason-able time guaranteed by s. 11(b) of Canadian Charter of Rights and Freedoms infringed — Trial judge finding that total delay exceeded Jordan ceiling but was justified by parties’ reliance on state of law pre-J ordan
-
2,206.
Bulletin of March 19, 2021 - 2021-03-19
BulletinsIn 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
-
2,207.
Judgments to be Rendered in Leave Applications - 2019-04-29
News ReleasesMr. Blais claimed that his rights under sections 8 and 9 of the Canadian Charter of Rights and Freedoms had been violated and brought a motion for exclusion, under section 24(2) of the Charter, of the evidence of the drugs seized in his residence.
-
2,208.
Bulletin of November 23, 2018 - 2018-11-23
Bulletinsout a physician’s orders is so serious that... the hospital records of the analysis of the appellant’s blood should be excluded, despite the absence of a direct causal connection between the multiple breaches of the Canadian Charter of Rights and Freedoms and the creation of hospital records containing the blood analysis.”
-
2,209.
Bulletin of August 26, 2011 - 2011-08-26
BulletinsCanadian Charter of Rights and Freedoms — Fundamental justice — Whether the applicant’s s. 7 Charter rights violated when his testimony was not accepted?
-
2,210.
Bulletin of April 23, 2010 - 2010-04-23
Bulletins— 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.
-
2,211.
Bulletin of November 3, 2000 - 2000-11-03
BulletinsCanadian Charter of Rights and Freedoms - Civil - Sections 6 , 7 , 12 and 15 of the Charter - Immigration - Permanent resident - Applicant found to be a danger to the public pursuant to subparagraph 46.01(1)(e)(iv), paragraph 53(1)(d) and subsection 70(5) of the Immigration Act - Whether the word “citizen” in s. 6 of the
-
2,212.
Bulletin of July 13, 2012 - 2012-07-13
BulletinsCanadian Charter of Rights and Freedoms – Criminal law - Section 7 of the Charter – Right to life, liberty and security of the person – Extradition – U.S.A. seeking extradition of applicant - Whether the applicant’s surrender is unjust and oppressive - Whether the applicant’s s. 7 Charter rights have been breached – Whether
-
2,213.
Bulletin of June 1, 2007 - 2007-06-01
BulletinsCanadian evidence on which extradition process based in its record of case is consistent with s. 33(1)(a) of Extradition Act and s. 7 of Canadian Charter of Rights and Freedoms , (2) in ruling that prior admissions of requesting state regarding inaccuracies in record of case with respect to availability and
-
2,214.
Bulletin of December 6, 2002 - 2002-12-06
BulletinsCanadian Charter of Rights and Freedoms - Freedom of expression - Freedom of the press - Whether the common law prohibits television and radio access to courtroom proceedings - Whether a prohibition (or a prohibition but for the consent of all parties) of television or radio access to court proceedings is an infringement of
-
2,215.
Bulletin of September 27, 2019 - 2019-09-27
Bulletinsinvalidity — Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1 — Sex Offender Information Registration Act , S.C. 2004, c. 10 — Canadian Charter of Rights and Freedoms , ss. 7 , 15 . In 2002, G was found not criminally responsible by reason of mental disorder on charges of sexual assault and other charges.
-
2,216.
Bulletin of March 6, 2009 - 2009-03-06
BulletinsCanadian Charter (Criminal ) - Canadian Bill of Rights - Mischief - Denial of leave to appeal by provincial appellate court - Whether Court of Appeal erred in denying leave to appeal - Whether Applicant’s rights under the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights, or his substantive rights were
-
2,217.
Bulletin of August 1, 2008 - 2008-08-01
BulletinsThe action alleged breaches of unwritten constitutional principles, ss. 7 , 15 and 28 of the Canadian Charter of Rights and Freedoms , and s. 36(1)(c) of the Constitution Act, 1982 .
-
2,218.
Bulletin of January 27, 2006 - 2006-01-27
BulletinsAt issue is whether the conduct of the police in obtaining and executing the search warrant violated the rights of the applicant under s. 8 of the Canadian Charter of Rights and Freedoms and, if so, whether the evidence should be admitted or excluded under s. 24(2).
-
2,219.
Bulletin of October 28, 2005 - 2005-10-28
Bulletinsto take bodily samples from a repeat sex offender on parole granted in ex parte proceedings under s. 487.055 of the Criminal Code - Whether s. 487.055(1) of the Criminal Code infringes ss. 7 , 8 , 11(h) or 11(i) of the Canadian Charter of Rights and Freedoms - If so, is the infringement a reasonable limit under s. 1?
-
2,220.
Bulletin of September 28, 2001 - 2001-09-28
BulletinsTaxation - Income tax - Evidence - Evidence obtained in violation of s. 8 of Canadian Charter of Rights and Freedoms excluded in criminal proceedings - Tax Court judge granting taxpayers’ preliminary motions under Rule 58 of Tax Court of Canada Rules (General Procedure) to have evidence excluded in reassessment appeals as
-
2,221.
Part 1, 2019 Vol. 4 ([2019] 4 S.C.R. 3-334) - 2019-11-28
Canada Supreme Court ReportsStatutes and Regulations Cited Canadian Charter of Rights and Freedoms, ss. 7, 11(b). Courts of Justice Act, R.S.O. 1990, c. C.43, s. 38(3). [...] WHEREAS Canada is a party to the United Nations Con- vention on the Rights of the Child and recognizes that young persons have rights and freedoms, including those stated in the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights, and have special guaran- tees of their rights and freedoms; [...] The following are the reasons delivered by [203] Karakatsanis J. (dissenting) — Section 11(b) of the Canadian Charter of Rights and Freedoms protects the right of an accused to be tried within a reasonable time.
-
2,222.
SCR | RCS [2002] vol 2 - 2002-06-21
Canada Supreme Court ReportsCanadian Charter of Rights and Freedoms, s. 15. Déclaration canadienne des droits, L.R.C. 1985, Constitution Act, 1867, ss. 91(24), 92(13). [...] Canadian Charter of Rights and Freedoms, ss. 7, 11(c), 13. Criminal Code, R.S.C. 1985, c. C-46, ss. 278.1-278,91 [ad. 1997, c. 30, s. 1], 278.7(3) [idem], 674, 675, 690. [...] Statutes and Regulations Cited Canadian Charter of Rights and Freedoms, ss. 7, 11(d). Criminal Code, R.S.C. 1985, c. C-46, s. 718.2.
-
2,223.
Bulletin of August 30, 2013 - 2013-08-30
BulletinsThe cases were not decided under the Canadian Charter of Rights and Freedoms and did not proceed on the basis that the accused could not have fair trials without the assistance of counsel.
-
2,224.
Part 1, 2021 Vol. 3 ([2021] 3 SCR 3-284) - 2021-10-29
Canada Supreme Court ReportsCanadian Charter of Rights and Freedoms, ss. 1, 2(b). Charter of human rights and freedoms, CQLR, c. C-12, preamble, ss. 1 to 9.1, 10 to 19, 21, 22, 23 to 38, 39 to 48, 49, 54, 55, 71, 80, 111, 132, 133, 134(1). [...] [35] Unlike the Canadian Charter of Rights and Freedoms (“Canadian Charter”), the Quebec Charter does not protect equality per se. [...] [152] Mr. Ward relies on this Court’s decision in Saskatchewan (Human Rights Commission) v. Whatcott, [2013] 1 S.C.R. 467, for the proposi- tion that the guarantee of freedom of expression in the Canadian Charter of Rights and Freedoms (“Canadian Charter”) means that speech that im- pairs the right to equality can only be
-
2,225.
Part 1, 2020 Vol. 1 ([2020] 1 SCR 3-31) - 2020-02-28
Canada Supreme Court ReportsCanadian Charter of Rights and Freedoms, s. 7. Constitution Act, 1867, s. 96. Constitution Act, 1982, s. 52(1). [...] The Court concluded that it was a violation of s. 7 of the Canadian Charter of Rights and Freedoms for the Minister to extradite Canadian citizens to the United States without, as a condition of extradition, assurances that the death penalty would not be sought. [...] They include, for example, questions related to the inter- pretation of the Canadian Charter of Rights and Freedoms, or questions where the facts are unlikely, if not implausible.