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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 ...
Section 25 states that the Charter does not derogate existing Aboriginal rights and freedoms. Aboriginal rights, including treaty rights, receive more direct constitutional protection under section 35 of the Constitution Act, 1982. Section 26 clarifies that other rights and freedoms in Canada are not invalidated by the Charter. Section 27
R v Keegstra, [1990] 3 SCR 697 is a freedom of expression decision of the Supreme Court of Canada where the court upheld the Criminal Code provision prohibiting the wilful promotion of hatred against an identifiable group as constitutional under the freedom of expression provision in section 2(b) of the Canadian Charter of Rights and Freedoms.
[6] [c 12] Justice Low chose not to consider the applicability of Section 25, as he believed it was necessary to establish the existence of a Charter violation before addressing the rights provided under Section 25. However, he expressed reservations about whether Aboriginal commercial fishing rights could be considered under Section 25.
The trial judge, Justice Quigley, ruled against him. He held that the offence did not infringe freedom of expression, as the promotion of hatred was not the kind of expression that section 2 was designed to protect. In the alternative, if he was wrong on that point, he concluded that the infringement was justified under section 1 of the Charter ...
Gosselin v Quebec (AG) [2002] 4 SCR 429, 2002 SCC 84, is the first claim under section 7 of the Canadian Charter of Rights and Freedoms to a right to an adequate level of social assistance. The Supreme Court of Canada rejected the Charter challenge against a Quebec law excluding citizens under age 30 from receiving full social security benefits.
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.
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