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  • 126.

    Agenda / Ordre du jour - 2001-02-05

    Communiqués

    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.

  • 127.

    Bulletin du 21 juin 1996 - 1996-06-21

    Bulletins

    the Canada Pension Plan discriminate on the basis of age and thereby violate section 15 of the Canadian Charter of Rights and Freedoms , which discrimination is not a reasonable limit that can be demonstrably justified in a free and democratic society pursuant to section 1 of the Canadian Charter of Rights and Freedoms .   [...]   the Canada Pension Plan discriminate on the basis of age and thereby violate section 15 of the Canadian Charter of Rights and Freedoms , which discrimination is not a reasonable limit that can be demonstrably justified in a free and democratic society pursuant to section 1 of the Canadian Charter of Rights and Freedoms .   [...]  Accordingly, we agree with the Court of Appeal that there was no breach of s. 8 of the Canadian Charter of Rights and Freedoms . LE JUGE SOPINKA (oralement au nom de la Cour)

  • 128.

    Judgments in Appeals and Leave Applications / Jugements sur pourvois et demandes d'autorisation - 2002-12-19

    Communiqués

    2. If so, is the infringement justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? Answer: In view of the answer to Question 1, it is not necessary to answer this question.   [...]  3. Did s. 29(a) of the Regulation Respecting Social Aid, R.R.Q., 1981, c. A-16, r. 1, adopted under the Social Aid Act, R.S.Q., c. A-16, infringe s. 7 of the Canadian Charter of Rights and Freedoms on the ground that it deprived those to whom it applied of their right to security of the person contrary to the principles of   [...]  4. If so, is the infringement justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ? Answer: In view of the answer to Question 3, it is not necessary to answer this question.

  • 129.

    Bulletin du 7 novembre 2003 - 2003-11-07

    Bulletins

    of the Canadian Charter of Rights and Freedoms - Whether the Federal Court of Appeal erred by not strictly administrating and understanding the law, the subject of the proceedings - Whether the Canadian Charter of Rights and Freedoms guarantees one law for her Majesty the Queen and ordinary citizens including the Applicant   [...]  k) Does s. 9 of the Public Sector Restraint Act, S.N.L. 1991, c. 3, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms ? l) 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  [...]  - Whether s. 672.54(c) of the Criminal Code , R.S.C. 1985, c. C‐46 , infringes 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 ?

  • 130.

    Bulletin du 7 mars 1997 - 1997-03-07

    Bulletins

    Canadian Charter of Rights and Freedoms - Statutes - Interpretation - Freedom of expression - Right to vote - S. 322.1 of Canada Elections Act, R.S.C. 1985, c. E-2 banning broadcast, publication or dissemination of results of public opinion polls for several days immediately prior to holding of federal election - Did the   [...]  Criminal law - Canadian Charter of Rights and Freedoms - Constitutional law - Statutes - Interpretation - Whether s. 167(1) of the Criminal Code , R.S.C. 1985, c. C-46 , is so vague and overbroad as to infringe s. 7 of the Canadian Charter of Rights and Freedoms ?   [...]  If s. 167(1) of the Criminal Code violates s. 7 of the Canadian Charter of Rights and Freedoms , can S. 167 of the Criminal Code be demonstrably justified under s. 1 of the Canadian Charter of Rights and Freedoms as a reasonable limit prescribed by law?

  • 131.

    Prochains jugements sur demandes d'autorisation - 2023-01-30

    Communiqués

    They each filed a preliminary application in the court martial seeking a stay of proceedings because of an alleged infringement of their constitutional right to be tried by an independent and impartial tribunal guaranteed by s. 11(d) of the Canadian Charter of Rights and Freedoms . They argued that the possibility of   [...]  under s. 7 of Canadian Charter of Rights and Freedoms — Correct interpretation of legislative provision in question — Whether Court of Appeal erred in affirming finding that applicant is high-risk accused — Canadian Charter of Rights and Freedoms , s. 7 — Criminal Code , R.S.C. 1985, c. C-46, ss. 672.64 , 672.81 , 672.84 .   [...]  Donaldson applied in the Superior Court of Justice to have all evidence seized from 11 Brunel Court excluded pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms (the “Charter ”), on the basis that his rights protected by s. 8 of the Charter had been violated.

  • 132.

    Bulletin du 16 février 2001 - 2001-02-16

    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.   [...]  The British Columbia Court of Appeal, in a majority decision, ruled that the unconditional extradition order would violate the mobility rights of the respondents under s. 6(1) of the Canadian Charter of Rights and Freedoms . The Court of Appeal therefore set aside the Minister’s decision and directed him to seek assurances   [...]  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.

  • 133.

    Bulletin du 14 juin 2013 - 2013-06-14

    Bulletins

    ‐ Does section 212(1)(j) of the Criminal Code , R.S.C. 1985, c. C‐46 , 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 section 213(1)(c) of the Criminal Code , R.S.C. 1985, c. C‐46 , 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 ?  [...]   section 213(1)(c) of the Criminal Code , R.S.C. 1985, c. C‐46 , infringe s. 2(b) 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 ?

  • 134.

    Bulletin du 24 mars 2000 - 2000-03-24

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Whether s. 8 of the Charter mandates a warrant as a prerequisite for a complete strip search conducted incident to an individual’s arrest - Whether the minimum standards for a reasonably conducted strip search under s. 8 of the Charter were met.   [...]  Canadian Charter of Rights and Freedoms - Procedural law - Costs - Security for costs - Whether the impediment of requiring security for costs is contrary to the Charter - Whether a municipal by-law providing for fluoridation of the communal water supply was contrary to section 7 of the Charter - Whether the by-law should   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Extradition - Jurisdiction of extradition judge at the committal stage of extradition proceedings - Sections 7 and 24 of the Charter .

  • 135.

    Bulletin du 12 mars 1993 - 1993-03-12

    Bulletins

    unreasonable search and seizure within the meaning of s. 8 of the Canadian Charter of Rights and Freedoms - Whether the Court of Appeal erred in law in failing to exclude the breath evidence pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms - Whether the Court of Appeal erred in establishing and applying   [...]  Canadian Charter of Rights and Freedoms - Labour law - Right to strike - Freedom of association - Did Court of Appeal err in holding that Maintenance of Ports Operations Act, 1986 did not violate the Charter?   [...]  1. Do sections 1 and 2 of the Corporation of the City of Peterborough By-law 3270 (as amended by By-law 1982-147) limit the right guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms ? 2. If the answer to question 1 is yes, are such limits demonstrably justified pursuant to s. 1 of the Charter?

  • 136.

    Prochains jugements sur appels - 2015-11-16

    Communiqués

    Canadian Charter of Rights and Freedoms - Whether s. 130(1)(a) of the National Defence Act violates s. 7 and s. 11(f) of the Charter - Whether the military nexus doctrine applies to s. 130(1) (a) of the National Defence Act - Whether s. 130(1)(a) of the National Defence Act is constitutional.   [...]  Canadian Charter of Rights and Freedoms - Military offences - Whether ss. 117(f) and 130(1)(a) of National Defence Act , R.S.C. 1985, c. N-5 (“NDA ”), contrary to s. 7 of Canadian Charter of Rights and Freedoms .   [...]  The appellant is challenging the constitutionality of ss. 117 (f) and 130(1) (a) of the NDA on the ground that they are overbroad and therefore contrary to s. 7 of the Canadian Charter of Rights and Freedoms . Origin of the case: Court Martial Appeal Court of Canada

  • 137.

    Communiqué du 3 octobre 1997 - 1997-10-03

    Communiqués

    Constitutional law - Canadian Charter of Rights and Freedoms - Freedom of expression - Election - Referendum - Regulated expenses - National committees - Mandatory affiliation.   [...]  The Appellants argued that the sections in question infringed ss. 2( b ) , (c) and (d) and 15 of the Canadian Charter of Rights and Freedoms and ss. 3 and 10 of the Charter of Human Rights and Freedoms.   [...]   2 of the Referendum Act (R.S.Q., c. C‐64.1) enacted under s. 44 of the Referendum Act, violate s. 2(b) and/or s. 2( d ) of the Canadian Charter of Rights and Freedoms in whole or in part? 2. If so, are any of these sections a reasonable limit prescribed by law under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 138.

    Bulletin du 9 février 1996 - 1996-02-09

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Smuggling - Legality of warrantless search and seizure pursuant to Customs Act - Border search conducted at distance from border - Whether arbitrary detention in contravention of s.9 of the Charter of Rights and Freedoms - Whether unreasonable search contrary to s. 8   [...]   Parole Board "court of competent jurisdiction" for purpose of excluding evidence under s. 24(2) of Canadian Charter of Rights and Freedoms . Constitutional law ‐‐ Charter of Rights ‐‐ Court of competent jurisdiction ‐‐ National Parole Board ‐‐ Exclusion of evidence -- Canadian Charter of Rights and Freedoms, s. 24 .   [...]  Proceedings on all charges against the respondent were later stayed, apparently because Crown counsel believed that the search of the van violated the Canadian Charter of Rights and Freedoms , and that evidence concerning the search would not be admissible in a trial.

  • 139.

    Bulletin du 4 mars 1994 - 1994-03-04

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Sentencing - Detention - Whether the Alberta Court of Appeal erred in law in not finding that Applicant's constitutional rights, guaranteed by s. 12 of the Canadian Charter of Rights and Freedoms , were violated or infringed by the imposition of the sentence of   [...]  -- Tobacco Products Control Regulations, amendment, SOR/93‐389 -- Canadian Charter of Rights and Freedoms , ss. 1, 2(b), 24(1) -- Rules of the Supreme Court, SOR/83‐74, s. 27 -- Supreme Court Act, R.S.C., 1985, c. S‐26, s. 65.1 .   [...]  If jurisdiction under s. 65.1 of the Act and Rule 27 were wanting, jurisdiction would be found in s. 24(1) of the Canadian Charter of Rights and Freedoms . A Charter remedy should not be defeated because of a deficiency in the ancillary procedural powers of the Court to preserve the rights of the parties pending a final

  • 140.

    Bulletin du 23 février 2007 - 2007-02-23

    Bulletins

    , in whole or in part or through their combined effect, infringe s. 7 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 ?   [...]  , in whole or in part or through their combined effect, infringe s. 9 of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 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 ?   [...]   in whole or in part or through their combined effect, infringe s. 10 of the Canadian Charter of Rights and Freedoms ? Answer: Yes. 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 ?

  • 141.

    Prochains jugements sur appels - 2013-02-25

    Communiqués

    of The Saskatchewan Human Rights Code, S.S. 1979, c. S‐24.1 infringe s. 2(a) 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. 14(1)(b) of The Saskatchewan Human Rights Code infringe s. 2(b) 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 ?   [...]  If sexual behaviour is a prohibited ground within the meaning of sexual orientation, he argued that it is overbroad and should be inoperative to the extent that it conflicts with s. 4 and 5 of the Code and s. 2 of the Canadian Charter of Rights and Freedoms . Origin of the case: Saskatchewan File No.: 33676

  • 142.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2012-09-24

    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.

  • 143.

    Bulletin du 17 janvier 2003 - 2003-01-17

    Bulletins

    R.S.C. 1985, c. C-46 , infringe the rights of children under 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 within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]  R.S.C. 1985, c. C-46 , infringe the rights of children under s. 12 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 within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms ?   [...]   1985, c. C-46 , infringe the rights of children under 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 within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 144.

    Bulletin du 14 décembre 2001 - 2001-12-14

    Bulletins

    Canadian Charter of Rights and Freedoms - Criminal law - Criminal procedure - Jury trials - Application for trial by judge alone - Application for a change of venue - Jury instructions - Reasonable doubt - Sections 7 , 11( d ) and 24(1) of the Canadian Charter of Rights and Freedoms - Section 473 Criminal Code , R.S.C.   [...]  Canadian Charter of Rights and Freedoms - Search and seizure - Criminal law - Solicitor and client privilege - Section 488.1 of Criminal Code providing procedure for securing privilege in documents seized from law office - Documents seized from law office - Whether s. 488.1 of the Criminal Code infringes s. 7 and/or s. 8 of  [...]  Canadian Charter of Rights and Freedoms - Criminal law - Unreasonable search and seizure - Solicitor and client privilege - Section 488.1 of Criminal Code providing procedure for securing privilege in documents seized from law office - Documents seized from law office - Whether s. 488.1 unconstitutional in that it allows or

  • 145.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2003-12-08

    Communiqués

    Canadian Charter of Rights and Freedoms - Criminal law - Evidence - Disclosure - Right to make full answer and defence -Withdrawal of guilty plea - What is burden on accused seeking to withdraw guilty plea when plea entered in circumstances where Crown fails to comply with constitutional duty to disclose?   [...]  Procedural law - Costs - Whether Rule 57 of the British Columbia Supreme Court Rules, B.C. Reg. 221/90, is inconsistent with the Respondents' rights by the Preamble of the Canadian Charter of Rights and Freedoms or s. 35 of the Constitution Act, 1982 and therefore constitutionally inapplicable to them in the circumstances   [...]  Procedural law - Costs - Whether Rule 57 of the British Columbia Supreme Court Rules, B.C. Reg. 221/90, is inconsistent with the Respondents' rights by the Preamble of the Canadian Charter of Rights and Freedoms or s. 35 of the Constitution Act, 1982 and therefore constitutionally inapplicable to them in the circumstances

  • 146.

    Bulletin du 8 octobre 1993 - 1993-10-08

    Bulletins

    - Did the Court of Appeal err in finding that the Applicant's rights under s. 10(a) and/or s. 10(b) of the Canadian Charter of Rights and Freedoms had not been infringed, and in failing to exclude the evidence obtained thereby, pursuant to s. 24(2) of the Charter ?   [...]  2.In the alternative, do the provisions of Section B, subsection 2, Part II or Section B, subsection 3 of the Ontario Standard Automobile Policy infringe s. 15 of the Canadian Charter of Rights and Freedoms , and if so, are the provisions justified under s. 1 of the Charter .   [...]  Canadian Charter of Rights and Freedoms - Criminal law - Customs and excise - Seizure - Evidence - Search warrant obtained pursuant to s. 111(1) of the Customs Act, R.S.C. 1985, c. C-52 .6 - Sections 8 and 24(2) of the Charter .

  • 147.

    Bulletin du 22 octobre 1993 - 1993-10-22

    Bulletins

    set out in s. 15 of the Canadian Charter of Rights and Freedoms ? No. 4.If the answer to question 3 is affirmative, are arts. 653 and 654 of the Civil Code of Quebec, and art. 30 of the Civil Code of Lower Canada, justified as reasonable limits by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not   [...]   indoctrinating child in Jehovah's Witnesses' religion and involving her in their activities ‐‐ Whether Canadian Charter of Rights and Freedoms applies to court order in family law matter ‐‐ If so, whether order infringes ss. 2(a) , (b), (d) and 15(1) of Charter ‐‐ Canadian Charter of Rights and Freedoms, s. 32 .   [...]  17(5) of the Divorce Act did not violate s. 2( a ) , (b) or (d) or s. 15(1) of the Canadian Charter of Rights and Freedoms . The restrictions on access should be removed (La Forest, L'Heureux-Dubé and Gonthier JJ. dissenting).

  • 148.

    Bulletin du 26 janvier 2001 - 2001-01-26

    Bulletins

    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   [...]  The Crown conceded that s. 163.1(4) infringed s. 2( b ) of the Canadian Charter of Rights and Freedoms but argued that the infringement was justifiable under s. 1 of the Charter .

  • 149.

    Bulletin du 19 novembre 1993 - 1993-11-19

    Bulletins

    1.Does s. 715.1 of the Criminal Code , R.S.C., 1985, c. C-46 , in whole or in part, limit the rights guaranteed under s. 7 of the Canadian Charter of Rights and Freedoms ? Answer: No. 2.If the answer to the first question is in the affirmative, does s. 715.1 of the Criminal Code , R.S.C., 1985, c. C-46 , constitute a   [...]  3.Does s. 715.1 of the Criminal Code , R.S.C., 1985, c. C-46 , in whole or in part, limit the rights guaranteed under s. 11( d ) of the Canadian Charter of Rights and Freedoms ? Answer: No. 4.If the answer to the third question is in the affirmative, does s. 715.1 of the Criminal Code , R.S.C., 1985, c. C-46 , constitute a   [...]  The court held that s. 715.1 contravened ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms and could not be sustained under s. 1. A new trial was ordered.

  • 150.

    Bulletin du 8 octobre 1999 - 1999-10-08

    Bulletins

    Canadian Charter of Rights and Freedoms, s. 8 - Criminal law - Search warrant - Whether, if a police officer acting as a “sub-affiant” knowingly provides false information to an affiant who in good faith deposes to the false assertions in an information to obtain a search warrant, the false statements should be excised by a  [...]  (3) Does s. 649 of the Criminal Code , R.S.C., 1985, c. C‐46 , infringe the rights and freedoms guaranteed by s. 7, s. 11(d) and/or s. 11( f ) of the Canadian Charter of Rights and Freedoms ? (3) L’article 649 du Code criminel , L.R.C. (1985), ch.   [...]   by ss. 235 and 745 (c) of the Criminal code would be cruel and unusual punishment in violation of s. 12 of the Canadian Charter of Rights and Freedoms ? (2) If the answer to Question 1 is “yes”, can ss. 235 and 745 (c) of the Criminal Code be justified in this case by s. 1 of the Canadian Charter of Rights and Freedoms ?