(Ontario High Court of Justice) The appellant had been given a parking ticket. She could pay a penalty, in which event there would be no further proceedings against her, but if she did not, she would be liable to conviction and payment of a fine. The appellant challenged the law on several grounds, including that … Continue reading Re McCutcheon and City of Toronto: 1983
Supreme Court of Canada – the limitation of the protected right must be one that ‘it was reasonable for the legislature to impose’, and that the courts were ‘not called upon to substitute judicial opinions for legislative ones as to the place at which to draw a precise line’. ‘a business corporation cannot possess religious … Continue reading Regina v Edwards Books and Art Ltd: 18 Dec 1986
(Supreme Court of Canada) Constitutional law – Charter of Rights – Liberty and security of person – Fundamental justice – Medical treatment – Child under 16 years of age refusing blood transfusions because her religion requires that she abstain from receiving blood – Transfusion necessary to avoid severe consequences to child’s health – For child … Continue reading AC v Manitoba (Director of Child and Family Services): 26 Jun 2009
Canlii Supreme Court of Canada – Constitutional law – Charter of Rights – Application of Charter – Transit authorities’ advertising policies permitting commercial but not political advertising on public transit vehicles – Actions brought alleging that transit authorities’ policies violated freedom of expression – Whether entities which operate public transit systems ‘government’ within meaning of … Continue reading Greater Vancouver Transportation Authority v. Canadian Federation of Students – British Columbia Component: 10 Jul 2009
Canlii Supreme Court of Canada – Constitutional law – Charter of Rights – Application – Union entering into collective agreement with community college containing mandatory dues check-off clause – Employee objecting to expenditure of union dues on causes unrelated to collective bargaining – Whether Charter applies – Colleges Collective Bargaining Act, R.S.O. 1980, c. 74, … Continue reading Lavigne v Ontario Public Service Employees Union: 27 Jun 1991
Canlii (Supreme Court of Canada) Constitutional law – Charter of Rights – Arbitrary detention – Right to counsel – Encounter between accused and police going from general neighbourhood policing to situation where police effectively took control over accused and attempted to elicit incriminating information – Whether police conduct would cause a reasonable person in accused’s … Continue reading Regina v Grant: 17 Jul 2009
SCC (Supreme Court of Canada) Constitutional law — Charter of Rights — Fundamental justice – Self-incrimination — Right to remain silent – Derivative evidence — Combines investigation — Corporation suspected of predatory pricing – Corporate officers ordered to testify under oath and to produce documents pursuant to s. 17 of the Combines Investigation Act — … Continue reading Thomson Newspapers Ltd v Canada (Director of Investigation and Research, Restrictive Trade Practices Commission): 29 Mar 1990
References: 2009 SCC 32, [2009] 2 SCR 353, 309 DLR (4th) 1, 245 CCC (3d) 1, 66 CR (6th) 1, 253 OAC 124 Links: Canlii Coram: McLachlin CJ and Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ Canlii (Supreme Court of Canada) Constitutional law – Charter of Rights – Arbitrary detention – Right to counsel … Continue reading Regina v Grant; 17 Jul 2009
References: [1991] 2 SCR 211, 1991 CanLII 68 (SCC) Links: Canlii Coram: Wilson, La Forest, L’Heureux-Dube, Sopinka, Gonthier, Cory and McLachlin JJ Canlii Supreme Court of Canada – Constitutional law – Charter of Rights – Application – Union entering into collective agreement with community college containing mandatory dues check-off clause – Employee objecting to expenditure … Continue reading Lavigne v Ontario Public Service Employees Union; 27 Jun 1991
References: [1986] 2 SCR 713, (1986) 35 DLR (4th) 1, 30 CCC (3d) 385, 86 CLLC 14, 55 CR (3d) 193 Links: Canlii Coram: Dickson CJ Supreme Court of Canada – the limitation of the protected right must be one that ‘it was reasonable for the legislature to impose’, and that the courts were ‘not … Continue reading Regina v Edwards Books and Art Ltd; 18 Dec 1986
References: [2009] 2 SCR 295, 309 DLR (4th) 277, 2009 SCC 31, [2009] 8 WWR 385, 272 BCAC 29, 389 NR 98, 93 BCLR (4th) 1, EYB 2009-161351, JE 2009-1320, [2009] SCJ No 31 (QL), 179 ACWS (3d) 98, 192 CRR (2d) 336 Links: Canlii Coram: McLachlin CJ and Bastarache,* Binnie, LeBel, Deschamps, Fish, Abella, … Continue reading Greater Vancouver Transportation Authority v. Canadian Federation of Students – British Columbia Component; 10 Jul 2009
Canlii (Supreme Court of Canada) Constitutional law – Charter of Rights – Life, liberty and security of the person – Fundamental justice – Terminally ill patient seeking assistance to commit suicide – Whether Criminal Code provision prohibiting aiding a person to commit suicide infringes s. 7 of Canadian Charter of Rights and Freedoms – If … Continue reading Rodriguez v Attorney General of Canada: 30 Sep 1993
References: [1993] 7 WWR 641, [1993] 3 SCR 519, (1993) 24 CR (4th) 281, (1993) 82 BCLR (2d) 273, (1993) 85 CCC (3d) 15, (1993) 17 CRR (2d) 193, [1994] 2 LRC 136, (1993) 107 DLR (4th) 342 Links: Canlii Canlii (Supreme Court of Canada) Constitutional law – Charter of Rights – Life, liberty and … Continue reading Rodriguez v Attorney General of Canada; 30 Sep 1993
Canlii (Supreme Court of Canada) Constitutional law — Charter of Rights — Fundamental justice – Remedies — Extradition — Whether considerations relating to fundamental justice engaged at committal stage of extradition process — Whether extradition judge ought to have waited for ministerial decision on surrender before granting stay — Canadian Charter of Rights and Freedoms, … Continue reading United States of America v Cobb: 5 Apr 2001
Canlii (Supreme Court of Canada) Constitutional law — Charter of Rights — Mobility rights — Right to remain in Canada – Extradition – Whether mobility rights engaged at committal stage of extradition process — Canadian Charter of Rights and Freedoms, s. 6(1). Constitutional law — Charter of Rights — Fundamental justice — Extradition — Whether … Continue reading United States of America v Shulman: 5 Apr 2001
Constitutional law – Charter of Rights – Application – Fundamental justice – Duty to disclose – Canadian officials interviewing detainee in Guantanamo Bay and sharing contents of interviews with U.S. authorities – Whether principles of international law and comity of nations precluded application of Charter – Whether process in place at Guantanamo Bay at that … Continue reading Canada (Minister of Justice) v Khadr: 23 May 2008
Canlii (Supreme Court of Canada) Constitutional law – Charter of Rights – Fundamental justice – Whether common law rule of jury secrecy and Criminal Code prohibition on disclosure of information about ‘proceedings of the jury’ consistent with principles of fundamental justice – Canadian Charter of Rights and Freedoms, s. 7 – Criminal Code, R.S.C. 1985, … Continue reading Regina v Pan; Regina v Sawyer: 29 Jun 2001
Supreme Court of Canada – Constitutional law — Charter of Rights — Life, liberty and security of the person — Fundamental justice — Abortion — Criminal Code prohibiting abortion except where life or health of woman endangered — Whether or not abortion provisions infringe right to life, liberty and security of the person — If … Continue reading Morgentaler v Regina: 28 Jan 1988
Supreme Court of British Columbia – [1] The plaintiffs have challenged the Criminal Code of Canada provisions prohibiting physician-assisted dying, relying on the Canadian Charter of Rights and Freedoms. In the Reasons for Judgment that follow, I describe the evidence and legal arguments that have led me to conclude that the plaintiffs succeed in their … Continue reading Carter v Canada (Attorney General): 15 Jun 2012
Supreme Court of Canada The References in question were prompted by the opposition of eight provinces to a proposed Resolution, published on October 2, 1980. The proposed Resolution contained an address to be presented to Her Majesty The Queen in right of the United Kingdom and a statute, to which was appended another statute providing … Continue reading Resolution to amend the Constitution: 28 Sep 1981
Canlii Supreme Court of Canada – Courts — Charter of Rights — Independent tribunal — Provincial Court judge declined jurisdiction on ground Provincial Court (Criminal Division) not an independent tribunal — Whether or not judge of Provincial Court (Criminal Division) an independent tribunal. Constitutional law — Charter of Rights — Courts — Independent tribunal — … Continue reading Valente v The Queen: 19 Dec 1985
Canlii Supreme Court of Canada – Constitutional law – Charter of Rights – Right to vote – Prisoners – Canada Elections Act provision disqualifying persons imprisoned in correctional institution serving sentences of two years or more from voting in federal elections – Crown conceding that provision infringes right to vote – Whether infringement justified – … Continue reading Sauve v Canada (Chief Electoral Officer): 31 Oct 2002
Canlii Constitutional law – Charter of Rights – Freedom of religion – New regulation requiring photo for all Alberta driver’s licences – Members of Hutterian Brethren sincerely believing that Second Commandment prohibits them from having their photograph willingly taken – Whether regulation infringed freedom of religion – If so, whether infringement justified – Canadian Charter … Continue reading Alberta v Hutterian Brethren of Wilson Colony: 24 Jul 2009
Supreme Court of Canada – Constitutional law — Division of powers — Charter of Rights — Freedom of expression — Commercial advertising — Cigarette advertising banned — Whether or not legislation validly enacted under criminal law power or under peace, order and good government clause — If so, whether or not Act’s provisions infringing s. … Continue reading RJR-MacDonald Inc v Canada (Attorney General): 21 Sep 1995
Canlii Charter of Rights – Freedom of religion – Right to fair hearing – Right to make full answer and defence – Muslim witness at preliminary hearing in sexual assault trial wanting to testify with her face covered by niqab – Whether requiring witness to remove the niqab while testifying would interfere with her religious … Continue reading Regina v NS: 20 Dec 2012
Canlii (Supreme Court of Canada) Civil rights – Freedom of religion — Definition of freedom of religion — Exercise of religious freedoms — Orthodox Jews setting up succahs in pursuit of their religious beliefs on balconies of their co-owned property — Syndicate of co-owners requesting removal of succahs because declaration of co-ownership prohibits decorations, alterations … Continue reading Syndicat Northcrest v Amselem: 30 Jun 2004
Supreme Court of Canada – Constitutional law — Charter of Rights — Presumption of innocence (s. 11(d)) — Reverse onus clause — Accused presumed to be trafficker on finding of possession of illicit drug — Onus on accused to rebut presumption — Whether or not reverse onus in violation of s. 11(d) of the Charter … Continue reading Regina v Oakes: 28 Feb 1986
Ontario – High Court of Justice, Divisional Court – Negligence — Duty of care — Police not warning potential victim of serial rapist due to stereotypical belief that her hysterical response to warning would scare off rapist and make apprehension . .
References: [1986] 1 SCR 103, 1986 CanLII 46 (SCC), 53 OR (2d) 719, 24 CCC (3d) 321, 50 CR (3d) 1, 65 NR 87, [1986] CarswellOnt 95, EYB 1986-67556, [1986] SCJ No 7 (QL), 14 OAC 335, 16 WCB 73, [1986] ACS no 7, 19 CRR 308 Links: Canlii Coram: Dickson C.J. and Estey, McIntyre, … Continue reading Regina v Oakes; 28 Feb 1986
References: 74 OR (2d) 225, 72 DLR (4th) 580, 5 CCLT (2d) 77, [1990] OJ No 1584 (QL), 10 WCB (2d) 577, 1 CRR (2d) 211, 50 CPC (2d) 92, 40 OAC 161, 22 ACWS (3d) 869 Links: Canlii Coram: O’Leary, Saunders and Moldaver JJ Ontario – High Court of Justice, Divisional Court – Negligence … Continue reading Doe v Metropolitan Toronto (Municipality)
Commissioners of Police; 30 Aug 1990
Links: Canlii Coram: The Honourable Madam Justice Lynn Smith Supreme Court of British Columbia – [1] The plaintiffs have challenged the Criminal Code of Canada provisions prohibiting physician-assisted dying, relying on the Canadian Charter of Rights and Freedoms. In the Reasons for Judgment that follow, I describe the evidence and legal arguments that have led … Continue reading Carter v Canada (Attorney General); 15 Jun 2012
References: [2012] 3 SCR 726, 2012 SCC 72 Links: Canlii Coram: McLachlin CJ and LeBel, Deschamps, Fish, Abella, Rothstein and Cromwell JJ Canlii Charter of Rights – Freedom of religion – Right to fair hearing – Right to make full answer and defence – Muslim witness at preliminary hearing in sexual assault trial wanting to … Continue reading Regina v NS; 20 Dec 2012
References: [1995] 3 SCR 199, 1995 CanLII 64 (SCC), 127 DLR (4th) 1, 100 CCC (3d) 449, 62 CPR (3d) 417, 31 CRR (2d) 189 Links: Canlii Coram: Lamer CJ and La Forest, L’Heureux-Dube, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ Supreme Court of Canada – Constitutional law — Division of powers — Charter … Continue reading RJR-MacDonald Inc v Canada (Attorney General); 21 Sep 1995
References: 9 Alta LR (5th) 1, 310 DLR (4th) 193, 2009 SCC 37 (CanLII) Links: Canlii Coram: McLachlin CJ and Binnie, LeBel, Deschamps, Fish, Abella and Rothstein J Canlii Constitutional law – Charter of Rights – Freedom of religion – New regulation requiring photo for all Alberta driver’s licences – Members of Hutterian Brethren sincerely … Continue reading Alberta v Hutterian Brethren of Wilson Colony; 24 Jul 2009
References: (2004) 241 DLR (4th) 1, [2004] 2 SCR 551 Links: Canlii Coram: McLachlin CJ and Iacobucci, Major, Bastarache, Binnie, Arbour, LeBel, Deschamps and Fish JJ Canlii (Supreme Court of Canada) Civil rights – Freedom of religion — Definition of freedom of religion — Exercise of religious freedoms — Orthodox Jews setting up succahs in … Continue reading Syndicat Northcrest v Amselem; 30 Jun 2004
References: 218 DLR (4th) 577, 168 CCC (3d) 449, 5 CR (6th) 203, 294 NR 1, JE 2002-1974, [2002] SCJ No 66 (QL), 117 ACWS (3d) 553, [2002] ACS no 66, 55 WCB (2d) 21, 98 CRR (2d) 1, [2002] 3 SCR 519, 2002 SCC 68 (CanLII) Links: Canlii Coram: McLachlin CJ and L’Heureux-Dube, Gonthier, … Continue reading Sauve v Canada (Chief Electoral Officer); 31 Oct 2002
