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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 ...
The Canadian Legal Information Institute (CanLII; French: Institut canadien d'information juridique) is a non-profit organization created and funded by the Federation of Law Societies of Canada in 2001 on behalf of its 14 member societies.
Charkaoui v Canada (Minister of Citizenship and Immigration), 2007 SCC 9, is a landmark decision of the Supreme Court of Canada on the constitutionality of procedures for determining the reasonableness of a security certificate and for reviewing detention under a certificate.
The Court gave three requirements for judicial independence within the meaning of section 11(d) of the Charter. There must be 1) security of tenure, 2) financial security, and 3) institutional independence in administrative matters relevant to the functioning of the judge. On the facts, the Court found that all three requirements had been ...
Hunt v T&N plc, [1993] 4 S.C.R. 289 is a landmark decision of the Supreme Court of Canada on conflict of laws.The Court ruled that the Quebec law prohibiting the removal of company documents from the province was constitutionally inapplicable to a British Columbia court order.
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35945 [1] Prior history: APPEAL and CROSS‑APPEAL from Canada (Indian Affairs) v Daniels, 2014 FCA 101, [2014] 4 FCR 97 (17 April 2014), setting aside in part Daniels v Canada 2013 FC 6, [2013] 2 FCR 268 (8 January 2013) Ruling: Appeal allowed in part and cross‑appeal dismissed. Holding