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  • 101.

    Bulletin du 9 mai 1997 - 1997-05-09

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Not criminally responsible by reason of mental disorder - Whether s. 672.54 infringes a detainees’s rights under ss. 7 , 9 or 15 of the Charter .   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Judicial bias - Whether a reasonable apprehension of bias exists if the trial judge in this case once acted as counsel for the Applicant in another criminal matter - Whether trial judge’s refusal to recuse herself constitutes an infringement of s. 11(d) of the Charter  [...]  Canadian Charter of Rights and Freedoms - Criminal law - Detention - Search and seizure - Appeal - Whether the police have a power at common law to search persons incident to detention - Whether the search of the Appellant violated s. 8 of the Canadian Charter of Rights and Freedoms - Whether the Court of Appeal erred in

  • 102.

    Bulletin du 11 février 1994 - 1994-02-11

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Offences - Sentencing - Whether the Court of Appeal for Ontario erred in holding that when faced with a verdict of guilt, the factual basis for which is ambiguous, the trial judge is entitled to arrive at his own conclusions for the purpose of sentencing - Whether the  [...]  Canadian Charter of Rights and Freedoms - Labour law - Labour relations - Collective agreement - Statutes - Interpretation - Whether s. 14(3) of The Institute Act, S.S. 1986-87-88, c. I-9.1, infringes the Applicants' rights as guaranteed by s. 2( d ) of the Charter by requiring them to be part of a particular bargaining   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Evidence - Defence - Intent - Extreme intoxication - Sexual assault - Admissibility - General intent offence - Rule of precedent - Whether proof of extreme intoxication, causing absence of minimum intent required for general intent offence, admissible in Canadian

  • 103.

    Calendrier - 2014-02-03

    Communiqués

    Police Regulations, 1998, SOR/88-361, infringes s. 2( d ) 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 - Whether para.   [...]   Public Service Labour Relations Act, S.C. 2003, c. 22 , infringes s. 2( d ) 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 .   [...]  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 ? - Do sections 16, 35, 38, 43, 46 and 49 of the Expenditure Restraint Act , S.C. 2009, c.2, s. 393 infringe s. 2(d) of the Canadian Charter of Rights and Freedoms ?

  • 104.

    Bulletin du 14 octobre 2005 - 2005-10-14

    Bulletins

    3. Does s. 72(2) of the Canada Pension Plan , R.S.C. 1985, c. C-8 , infringe s. 15(1) 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. 60(2) of the Canada Pension Plan , R.S.C. 1985, c. C-8 , infringe s. 15(1) 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  [...]  7. Does s. 72(1) of the Canada Pension Plan , R.S.C. 1985, c. C-8 , infringe s. 15(1) 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

  • 105.

    Bulletin du 11 juin 1993 - 1993-06-11

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal Law - Sexual assault -Constitutionality of s. 715.1 of the Criminal Code , R.S.C. (1985), c. C-46 - Videotape recording of testimony of victims of sexual assault.   [...]  1.Does section 715.1 of the Criminal Code , R.S.C. 1985, c. C-46 , in whole or impart, limit the rights guaranteed under section 7 of the Canadian Charter of Rights and Freedoms ? 2.If the answer to the first question is in the affirmative, does section 715.1 of the Criminal Code , R.S.C. 1985, c. C-46 , constitute a   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Procedural law - Trial - Evidence - Does s. 486(2.1) of the Criminal Code violates s. 7 or 11(d) of the Charter ?

  • 106.

    Bulletin du 18 décembre 1992 - 1992-12-18

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Evidence - Search and seizure - Pre-trial procedure - Charge to jury - Right against unreasonable search and seizure - Admissibility of evidence - Whether warrantless search of motor vehicle was unreasonable -Did the Court of Appeal err in its interpretation and   [...]  3.Do ss. 515(6)(a) and 515(6)(d) of the Criminal Code limit ss. 7 , 9 , 11( d ) and 11( e ) of the Canadian Charter of Rights and Freedoms ? Answer:With respect to ss. 7 , 9 and 11( d ) of the Charter , the answer is no.   [...]  1.Does s. 515(6)(d) of the Criminal Code of Canada limit the rights guaranteed in ss. 7 , 9 , 11( d ) and 11( e ) of the Canadian Charter of Rights and Freedoms ? Answer:With respect to ss. 7, 9 and 11(d), the answer is no.

  • 107.

    Bulletin du 24 octobre 2014 - 2014-10-24

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Cruel and unusual treatment or punishment - Mandatory minimum sentence - Possession of prohibited or restricted firearm with ammunition - Does s. 95(2)(a)(i) of the Criminal Code infringe s. 12 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 ? - Does s. 95(2) of the Criminal Code 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 ? - Does s. 95(2)(a)(ii) of the Criminal Code infringe s. 7 of the Canadian Charter of Rights and Freedoms ?

  • 108.

    Bulletin du 29 avril 2011 - 2011-04-29

    Bulletins

    A, infringe s. 2( d ) of the Canadian Charter of Rights and Freedoms ? 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 ?   [...]   Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16, infringe s. 15 of the Canadian Charter of Rights and Freedoms ? No. 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 ?   [...]  A, infringe s. 15 of the Canadian Charter of Rights and Freedoms ? No. 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 ?

  • 109.

    Bulletin du 13 août 1993 - 1993-08-13

    Bulletins

    prisons by female guards infringe s. 7 of Canadian Charter of Rights and Freedoms . Constitutional law ‐‐ Charter of Rights ‐‐ Unreasonable search and seizure ‐‐ Prisoners ‐‐ Whether frisk searches and unannounced patrols of cells in male prisons by female guards infringe s. 8 of Canadian Charter of Rights and Freedoms .   [...]   in male prisons by female guards infringe s. 15 of Canadian Charter of Rights and Freedoms . Prisons ‐‐ Prisoners' rights ‐‐ Frisk searches and surveillance ‐‐ Whether frisk searches and unannounced patrols of cells in male prisons by female guards infringe ss. 7 , 8 and 15 of Canadian Charter of Rights and Freedoms .   [...]  The trial judge concluded that the cross‐gender frisk searches did not violate ss. 7 , 8 and 15 of the Canadian Charter of Rights and Freedoms but that the winds conducted by female guards constituted an invasion of privacy of male inmates contrary to s. 8.

  • 110.

    Prochain jugement sur appel - 2025-07-18

    Communiqués

    in s. 7 of Canadian Charter of Rights and Freedoms — If so, whether these infringements can be justified under s. 1 of Canadian Charter of Rights and Freedoms — If infringements are not justified under s. 1, what remedies are most appropriate in this case — Canadian Charter of Rights and Freedoms, ss. 1, 7 —   [...]  However, after entering the convictions, the trial judge determined that the provisions in question were overbroad and that they deprived certain sex workers of the right to security without being in accordance with the principles of fundamental justice, thereby infringing s. 7 of the Canadian Charter of Rights and Freedoms

  • 111.

    Bulletin du 22 janvier 1999 - 1999-01-22

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Taxation - Search and seizure - Whether s. 231.4 of the Income Tax Act, R.S.C. 1952, c. 148 as amended restrict rights guaranteed by ss. 7 and 8 of the Canadian Charter of Rights and Freedoms - If so, can these restriction be demonstrably justified in a free and   [...]  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 ? The answer is no. 2. If so, can these restrictions be demonstrably justified in a free and democratic society under s.1 of the Canadian Charter of Rights and Freedoms ?   [...]  3. Does s. 231.4 of the Income Tax Act, R.S.C. 1952, c. 148 as amended restrict the right guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms ? The answer is no. 4. If so, can these restrictions be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms

  • 112.

    Bulletin du 14 octobre 2016 - 2016-10-14

    Bulletins

    Canadian Charter of Rights and Freedoms – Family law – Motion for leave to appeal – Whether applicant raising issue of public importance.   [...]  b) section 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 4. If so, in respect of s. 11( d ) of the Canadian Charter of Rights and Freedoms , 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 Charter ?   [...]  b) section 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 6. If so, in respect of s. 11( d ) of the Canadian Charter of Rights and Freedoms , 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 Charter ?

  • 113.

    Bulletin du 2 février 2001 - 2001-02-02

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Procedure - Whether a judge or justice presiding at a preliminary inquiry is a court of competent jurisdiction for the purposes of an application under section 24(1) of the Canadian Charter of Rights and Freedoms to exclude evidence under s. 24(2) of the Charter.   [...]  Shortly after the repeal of the ALRA, the Appellants brought a constitutional challenge seeking an order striking down the LRESLAA on the ground that it infringed their rights under ss. 2( d ) and 15(1) of the Canadian Charter of Rights and Freedoms . On December 9, 1997, the Appellants’ application was dismissed by Sharpe   [...]  Just before trial, the appellants file a motion under sections 8 and 24(2) of the Canadian Charter of Rights and Freedoms to have the interceptions of private communications declared illegal.

  • 114.

    Prochains jugements sur appels - 2012-12-07

    Communiqués

    Canadian Charter of Rights and Freedoms ‐ Extradition ‐ Appeal from committal ‐ Judicial Review of Surrender Order ‐ Whether ss. 83.03, 83.18 or 83.21 of the Criminal Code , which incorporate the definition of “terrorist activity” in s. 83.01(1) of the Criminal Code , infringe s. 2(b) of the Charter ‐ If so, whether the   [...]  Canadian Charter of Rights and Freedoms ‐ Extradition ‐ Appeal from committal ‐ Judicial Review of Surrender Order ‐ Whether ss. 83.03, 83.18 or 83.21 of the Criminal Code , which incorporate the definition of “terrorist activity” in s. 83.01(1) of the Criminal Code , infringe s. 2(b) of the Charter ‐ If so, whether the   [...]  Canadian Charter of Rights and Freedoms ‐ Criminal Law ‐ Terrorism offences ‐ Elements of offence ‐ Whether ss. 83.03, 83.18, 83.19 or 83.21 of the Criminal Code , which incorporate the definition of “terrorist activity” in s. 83.01(1) of the Criminal Code , infringe s. 2(a) , 2(b) or 2(d) of the Charter ‐ If so, whether

  • 115.

    Bulletin du 2 mars 2007 - 2007-03-02

    Bulletins

    of the Canada Pension Plan , R.S.C. 1985, c. C‐8 , infringe s. 15(1) 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 ?   [...]   of the Canada Pension Plan , R.S.C. 1985, c. C‐8 , infringe s. 15(1) 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 ?   [...]   of the Canada Pension Plan , R.S.C. 1985, c. C‐8 , infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. 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 ?

  • 116.

    Bulletin du 19 mars 1993 - 1993-03-19

    Bulletins

    2.If the answer to question 1 is in the affirmative, are these provisions justified pursant to s.1 of the Canadian Charter of Rights and Freedoms ? Avis d'interventions au plus tard le 14 avrl 1993.   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Pre-trial procedure - Evidence - Narcotics - Timely disclosure - Fresh evidence - Disclosure made on the day of the Applicant's trial   [...]  Counsels for the Appellants Tina Schiewe and Norman Koruz objected to the adjournment pursuant to s. 11( b ) of the Canadian Charter of Rights and Freedoms . The preliminary was adjourned to September 5, 1989.

  • 117.

    Judgment to be Rendered in Appeal / Prochain jugment sur appel - 2012-10-09

    Communiqués

    C‐5 , 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 ?   [...]  C‐5 , infringe s. 11(c) 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 ?   [...]  C‐5 , infringe s. 11(d) of the Canadian Charter of Rights and Freedoms ? The appellant and his co‐accused, Peter Solty, were charged with one count of conspiracy to defraud the Government of Canada and one count of defrauding the Government of Canada of about $3.25 million.

  • 118.

    Bulletin du 26 mars 1993 - 1993-03-26

    Bulletins

    1.Is s. 16(2) of the Coroners Act R.S.O. 1980, c. 93 as am. inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms ? 2.If s. 16(2) of the Coroners Act R.S.O. 1980, c. 93 as am. is inconsistent with s. 8 of the Canadian Charter of Rights and Freedoms does this provision operate as a reasonable limit,   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Appellant convicted of criminal negligence and impaired driving - Blood sample taken from the Appellant without his consent - Physician releasing results of blood tests in medical report to police without the Appellant's consent or permission - Results of blood tests   [...]  Dohm J. of the Supreme Court of British Columbia concluded that ss. 7 and 8 of the Canadian Charter of Rights and Freedoms had no application because the doctors were acting for medical reasons when Dr. Leckie took the blood sample.

  • 119.

    Judgments in Appeals and Leave Applications / Jugements sur pourvois et demandes d'autorisation - 2002-10-31

    Communiqués

    Section 51(e) of the Canada Elections Act infringes s. 3 of the Canadian Charter of Rights and Freedoms and the infringement is not justified under s. 1 of the Charter .   [...]  3. Does s. 51(e) of the Canada Elections Act, R.S.C. 1985, c. E-2, infringe the right to equality before and under the law and equal benefit of the law without discrimination, as guaranteed by s. 15 of the Canadian Charter of Rights and Freedoms ? Answer: It is not necessary to answer this question.   [...]  4. If the answer to Question 3 is yes, is the infringement a reasonable limit, prescribed by law, which can be demonstrably justified in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ? Answer: It is not necessary to answer this question.

  • 120.

    Bulletin du 4 février 2005 - 2005-02-04

    Bulletins

    1. Does s. 487.055(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 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. 487.055(1) 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 ?   [...]   s. 487.055(1) of the Criminal Code , R.S.C. 1985, c. C-46 , infringe s. 11( h ) 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 ?

  • 121.

    Bulletin du 19 mai 1995 - 1995-05-19

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Procedural law - Statutes - Interpretation - Trial - Evidence - Use of evidence from voir dire - Admissibility of alleged statements - Whether the Court of Appeal erred in applying s. 655 of the Criminal Code , R.S.C. 1985, c. C-46 .   [...]  Constitutional Law - Canadian Charter of Rights and Freedoms - Statutes - Interpretation - Right to practice public accountancy - Public accounting in Prince Edward Island restricted to chartered accountants - Section 14(1) of the Public Accounting and Auditing Act, R.S.P.E.I. 1988, c. P-28 -Sections 2 (b), 6 , 7 and 1 of   [...]   Accounting and Auditing Act, R.S.P.E.I. 1988, c. P-28, limit the Appellants' rights guaranteed by sections 2(b) , 6 , 7 of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is in the affirmative, is section 14(1) nevertheless justified by section 1 of the Canadian Charter of Rights and Freedoms ?

  • 122.

    Bulletin du 6 avril 2001 - 2001-04-06

    Bulletins

    Seeking to exercise his right to remain in Canada, under s. 6(1) of the Canadian Charter of Rights and Freedoms , he requested complete disclosure of the RCMP investigation, which had parallelled the American investigation.   [...]   stage of extradition process -- Canadian Charter of Rights and Freedoms, s. 6(1) . Constitutional law -- Charter of Rights -- Fundamental justice -- Extradition -- Whether considerations relating to fundamental justice engaged at committal stage of extradition process -- Canadian Charter of Rights and Freedoms, s. 7 .   [...]  At his extradition hearing, the appellant claimed that his rights under ss. 6 and 7 of the Canadian Charter of Rights and Freedoms were violated by the extradition proceedings and sought additional disclosure.

  • 123.

    Bulletin du 21 avril 1995 - 1995-04-21

    Bulletins

    Criminal law - Canadian Charter of Rights and Freedoms - Extradition - Sentencing - American "felony murder rule" - Correctness of committal and surrender decisions.   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Procedure - Offences - Statutes - Interpretation - Whether "rule against multiple convictions" offended in circumstances - Whether Charter ss. 7, 11(h) infringed.   [...]  The accused appellants applied to a superior court judge for an order quashing the subpoenas on the ground that their right to silence under s. 7 of the Canadian Charter of Rights and Freedoms would be infringed. The appellants who were not charged also applied to quash the subpoenas.

  • 124.

    Agenda / Calendrier - 2003-04-28

    Communiqués

    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,

  • 125.

    Bulletin du 10 novembre 1994 - 1994-11-10

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Sentencing - Prohibition of possession of firearms - Whether the Court of Appeal erred in law in holding that s.100 of the Criminal Code , R.S.C. 1985, c. C-46 did not violate ss. 12 or 35(1) of the Canadian Charter of Rights and Freedoms - Whether the Court of Appeal  [...]  Procedural law - Appeal - Extension of time - Reconsideration - Canadian Charter of Rights and Freedoms - Taxation - Assessment - Whether the Minister of Revenue violated s. 11d) of the Charter by implementing s. 163(2) of the Income Tax Act?   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Evidence - Admissibility of statements - Similar fact evidence - Derivative evidence - Whether the trial judge erred in failing to quash the indictment for first degree murder - Whether the Court of Appeal erred, in having ruled that certain statements and directions