Introduction
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Introduction to the key cases related to the Charter of Rights and Freedoms.
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
21
2017
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Reference re Alberta Statutes (Alberta Press Case), 1938
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Two members of the Supreme Court of Canada, in holding that the Act to ensure the Publication of Accurate News and Information was beyond the constitutional authority of Alberta legislature, …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
6
2017
$ 0.60
Roncarelli v. Duplessis, 1959
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A majority of the Supreme Court of Canada held that the Quebec premier was liable under the Civil Code for damages for purporting to authorize and instruct the manager of the Quebec Liquor …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
6
2017
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Robertson and Rosetanni v. The Queen, 1963
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A majority of the Supreme Court of Canada, in looking at the effect of the Lord’s Day Act rather than its purpose, upheld a conviction for operating a bowling alley in contravention of the …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
13
2017
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The Queen v. Big M Drug Mart Ltd., 1985
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The Supreme Court of Canada held that the true purpose of the Lord’s Day Act was to compel the observance of the Christian Sabbath and as such infringed on the freedom of conscience and …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
9
2017
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Ford v. Quebec (Attorney General), 1988
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The Supreme Court of Canada struck down a Quebec law requiring public signs and posters and commercial advertising to be in French only, and allowing only the French version of a firm name to be used.
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
19
2017
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R. v. Butler, 1992
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The Supreme Court of Canada ruled that while the obscenity provisions of the Criminal Code infringed the right to freedom of expression, they were justified as a reasonable limit under the …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
15
2017
$ 1.50
RJR-MacDonald Inc. v. Canada (Attorney General), 1995
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A divided Supreme Court of Canada issued several opinions on whether a law prohibiting advertising and promotion of tobacco products and the requirement on tobacco manufacturers to place an …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
12
2017
$ 1.20
Syndicat Northcrest v. Amselem, 2004
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A majority of the Supreme Court of Canada held that the bylaws of co-ownership of residential buildings, which prohibited construction on the balconies of units, infringed religious freedom under …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
9
2017
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Multani v. Commission scolaire Marguerite-Bourgeoys, 2006
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The Supreme Court of Canada upheld the right of a Sikh student to wear a kirpan to high school on the basis of freedom of religion.
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
11
2017
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Saskatchewan (Human Rights Commission) v. Whatcott, 2013
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The Supreme Court of Canada unanimously held that although provisions of The Saskatchewan Human Rights Code prohibiting hate speech infringed freedom of expression and freedom of conscience and …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
12
2017
$ 1.20
Saskatchewan Federation of Labour v. Saskatchewan, 2015
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A majority of the Supreme Court of Canada held that a law prohibiting designated employees from participating in a strike substantially interfered with a right to a meaningful process of …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
9
2017
$ 0.90
Sauvé v. Canada (Chief Electoral Officer), 2002
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A majority of the Supreme Court of Canada struck down a law denying the right to vote to anyone serving two years or more in a correctional institution. The dissenting opinion found temporary …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
13
2017
$ 1.30
Harper v. Canada (Attorney General), 2004
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The Supreme Court of Canada unanimously held that third-party spending limits imposed by the Canada Elections Act were so low as to infringe free expression under the Canadian Charter of Rights …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
10
2017
$ 1.00
R v. Oakes, 1986
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In striking down a section of the Narcotic Control Act that presumed possession for the purpose of trafficking, the Supreme Court of Canada established a test to determine whether a limit on a …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
7
2017
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R. v. Mills, 1999
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A majority of the Supreme Court of Canada held that provisions of the Criminal Code governing the production of private records to an accused in sexual offence proceedings did not violate the …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
14
2017
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Charkaoui v. Canada (Citizenship and Immigration), 2007
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The Supreme Court of Canada unanimously decided that sections of the Immigration and Refugee Protection Act, in providing for the issue of a certificate of inadmissibility leading to the …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
15
2017
$ 1.50
R. v. Patrick, 2009
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The Supreme Court of Canada upheld a conviction for unlawfully producing, possessing and trafficking in a controlled substance based partly on evidence from the accused’s garbage, on the …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
8
2017
$ 0.80
R. v N.S., 2012
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A majority of the Supreme Court of Canada set out a test as to when a witness who for sincere religious reasons wishes to wear a niqab while testifying in a criminal proceeding would be required …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
9
2017
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R. v. Nur, 2015
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A majority of the Supreme Court of Canada struck down mandatory minimum sentences for convictions for possessing prohibited or restricted firearms with readily accessible ammunition as …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
11
2017
$ 1.10
Re B.C. Motor Vehicle Act, 1985
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The Supreme Court of Canada held that a provincial law creating an absolute liability offence for driving while prohibited or suspended where guilt did not depend on knowledge of the prohibition …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
11
2017
$ 1.10
Morgentaler v. The Queen, 1988
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A majority of the Supreme Court of Canada, for various reasons in three opinions, struck down provisions of the Criminal Code making it an offence to procure a miscarriage. The dissenting opinion …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
13
2017
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Gosselin v. Quebec (Attorney General), 2002
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A majority of the Supreme Court of Canada held that a provincial social assistance scheme whose base payments to those under the age of 30 were lower than payments for recipients over 30 was not …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
15
2017
$ 1.50
Chaoulli v. Quebec (Attorney General), 2005
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A majority of the Supreme Court held that a provincial law prohibiting Quebeckers from taking out private insurance for services available under the public health care plan infringed the Quebec …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
21
2017
$ 2.10
Canada (Attorney General) v. PHS Community Services Society, 2011
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The Supreme Court of Canada unanimously held that the Insite safe injection facility in Vancouver is subject to the valid criminal scheme of the Controlled Drugs and Substances Act, but ordered …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
9
2017
$ 0.90
Canada (Attorney General) v. Bedford, 2013
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The Supreme Court of Canada unanimously held that provisions of the Criminal Code prohibiting bawdy-houses, living on the avails of prostitution, and communicating in public for the purposes of …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
11
2017
$ 1.10
Carter v. Canada (Attorney General), 2015
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The Supreme Court of Canada unanimously held that provisions of the Criminal Code prohibiting physician-assisted dying violated rights to life, liberty and security of the person under the …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
9
2017
$ 0.90
Andrews v. Law Society of British Columbia, 1989
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A majority of the Supreme Court of Canada held that a citizenship requirement in the provincial Barristers and Solicitors Act breached equality rights under the Canadian Charter of Rights and …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
17
2017
$ 1.70
M. v. H., 1999
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A majority of the Supreme Court of Canada struck down a provision of the Ontario Family Law Act whose definition of "spouse" excluded same-sex couples on the ground that it breached …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
14
2017
$ 1.40
Auton v. British Columbia (Attorney General), 2004
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The Supreme Court of Canada unanimously held that the Province of British Columbia’s refusal to fund a particular treatment for preschool-aged autistic children did not breach the equality …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
9
2017
$ 0.90
R. v. Kapp, 2008
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The Supreme Court of Canada held that communal fishing licences granted to aboriginal organizations did not violate the equality rights of non-aboriginal commercial fishers who were excluded from …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
10
2017
$ 1.00
Mahe v. Alberta, 1990
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The Supreme Court of Canada unanimously held that the numbers of minority language students in Edmonton warranted granting the parents of those students management and control over minority …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
12
2017
$ 1.20
Doucet-Boudreau v. Nova Scotia, 2003
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A majority of the Supreme Court of Canada ruled that a trial judge who ordered the provincial government to use its best efforts to build French-language school facilities by given dates and then …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
9
2017
$ 0.90
R. v. Askov, 1990
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The Supreme Court of Canada set out the factors to be considered in determining whether a person charged with an offence had been tried within a reasonable time in accordance with the Canadian …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
13
2017
$ 1.30
Canada (Attorney General) v. Hislop, 2007
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The Supreme Court of Canada ruled that after federal legislation recognized same-sex conjugal relationships, a same-sex spouse of a deceased Canada Pension Plan contributor was entitled to a …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
9
2017
$ 0.90
R. v. Grant, 2009
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A majority of the Supreme Court of Canada revisited the definition of "detention" under the Canadian Charter of Rights and Freedoms as well as the test for excluding evidence found to …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
10
2017
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Canada (Prime Minister) v. Khadr, 2010
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The Supreme Court of Canada unanimously held that the right to liberty and security of the person of a Canadian detained in a U.S. military installation was infringed by the refusal of the …
Janet Hieber ; Peter Russell ; Rainer Knopff ; Tom Bateman
7
2017
$ 0.70