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The interpretation of the Canadian Charter of Rights and Freedoms also makes use of the living tree doctrine. Chief Justice Antonio Lamer stated in Re B.C. Motor Vehicle Act, "If the newly planted 'living tree' which is the Charter is to have the possibility of growth and adjustment over time, care must be taken to ensure that historical materials, such as the Minutes of Proceedings and ...
Frank v Canada (AG) 2019 SCC 1 is a case decided by the Supreme Court of Canada regarding the voting rights of expatriate Canadians. The majority in the 5–2 decision struck down a passage in the Canada Elections Act which had limited the right to vote to "a person who has been absent from Canada for less than five consecutive years and who intends to return to Canada as a resident".
The court found that the provisions of the act infringed upon the section 2(b) rights of both candidates and electors. However, on appeal, the Court of Appeal for Ontario stayed the decision of the lower court, and a year later, it ruled that the provisions were constitutional. Subsequently, the City of Toronto appealed to the Supreme Court of ...
Tents are set up along Cooper Court, an alley frequented by people without homes. A June 2024 Supreme Court ruling allowed cities to enforce bans on sleeping outside, but Boise Mayor Lauren McLean ...
Nova Scotia (Board of Censors) v McNeil, [1978] 2 S.C.R. 662 is a famous pre-Charter decision from the Supreme Court of Canada on freedom of expression and the criminal law power under the Constitution Act, 1867.
R v Drybones, [1970] S.C.R. 282, is a landmark 6-3 Supreme Court of Canada decision holding that the Canadian Bill of Rights "empowered the courts to strike down federal legislation which offended its dictates."
R v Feeney, [1997] 2 S.C.R. 13 is a leading decision of the Supreme Court of Canada on the right, under section 8 of the Canadian Charter of Rights and Freedoms against unreasonable search and seizure. The Court held that the police are not permitted to enter into someone's house without a search warrant.
Adler v Ontario, [1996] 3 S.C.R. 609 is a leading decision of the Supreme Court of Canada on the nature of the provincial education power and whether there was a constitutional obligation to fund private denominational education.