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Section 25 of the Canadian Charter of Rights and Freedoms is the first section under the heading "General" in the Charter, and like other sections within the "General" sphere, it aids in the interpretation of rights elsewhere in the Charter. While section 25 is also the Charter section that deals most directly with Aboriginal peoples in Canada ...
Chief Justice McLachlin, writing for a unanimous court, holds that sections 33 and 77 to 85 of the IRPA unreasonably violates sections 7, 9 and 10 of the Canadian Charter of Rights and Freedoms. On the section 1 analysis for justification of the violation the Court held that the certificate process was not minimally impairing.
This paper is a reprint of an article that first appeared in the Canadian Bar Review. "The Generative Structure of Aboriginal Rights" in John D. Whyte, ed., Moving Toward Justice: Legal Traditions and Aboriginal Justice (Saskatoon, Sask: Purich Publishing, 2008) 20-48 (29 pages). This paper is a reprint of an article first published in the ...
Possession of marijuana charter challenge R v Clay [2003] 3 S.C.R. 735, 2003 SCC 75 December 23, 2003 Possession of marijuana charter challenge (second) Canadian Foundation for Children, Youth and the Law v Canada (AG) [2004] 1 S.C.R. 76, 2004 SCC 4 January 30, 2004 Spanking allowed under charter CCH Canadian Ltd v Law Society of Upper Canada
Whether provisions under the terrorism offences under Part II.1 of the Criminal Code violate the right to free expression under s. 2(b) of the Charter; Whether offence of terrorism provision is broader than necessary to achieve its purpose or whether its impact is disproportionate, contrary to the principles of fundamental justice under s. 7 of ...
In Canadian constitutional law, the dialogue principle is an approach to the interpretation of the Canadian Charter of Rights and Freedoms where judicial review of legislation is said to be part of a "dialogue" between the legislatures and the courts. It specifically involves governments drafting legislation in response to court rulings and ...
R v Grant, 2009 SCC 32 is a leading decision of the Supreme Court of Canada on section 9, section 10 and section 24(2) of the Canadian Charter of Rights and Freedoms ("Charter"). The Court created a number of factors to consider when determining whether a person had been detained for the purpose of sections 9 and 10 of the Charter.
The Grant test lists three factors the courts must consider: (1) the seriousness of the Charter-infringing conduct (focusing on a review of how society would view the actions of the state), (2) the impact of the breach on the Charter-protected interests of the accused (focusing on a review of how the state's actions affected the accused), and ...