Sentences with phrase «infringing charter rights»

Infringement of religious freedom: The court accepted that LSUC denying accreditation to TWU infringed the Charter right of TWU and its students to freedom of religion.

By analyzing both the law and the right or freedom, the Court can determine if the government action has infringed a Charter right or freedom (a detailed discussion of the most commonly invoked Charter rights and freedoms are located here).

They are also arguing that the definition of terrorist activity is unconstitutional because the definition required the terrorist conduct to be performed for political, religious, or ideological reasons, which they claim infringes the Charter right to express political opinions and religious beliefs.

The British Columbia Court of Appeal has already found that voter - identification restrictions, on their own, infringe the Charter right to vote.

[14]-RRB- Third, the government action at issue must infringe the Charter right «as little as possible.»

Not exact matches

Administrative decision - makers must apply Charter values: The court decided that the normal method of determining whether a law infringing a right or freedom is justifiable, the Oakes test, does not replace the administrative law framework.

The Plaintiffs argued that sections 31, 32, 33 and 37 of the CCRA were unconstitutional as they infringe upon an inmate's rights and freedoms granted by the Canadian Charter of Rights and Freedoms («Charter&rarights and freedoms granted by the Canadian Charter of Rights and Freedoms («Charter&raRights and Freedoms («Charter»).

n Baier v Alberta, 2007 SCC 31 [Baier], Justice Rothstein of the Supreme Court of Canada articulated a test for whether an underinclusive statutory platform of expression infringes section 2 (b) of the Canadian Charter of Rights and Freedoms, and thus whether a claimant has a positive entitlement to access that platform.

In the view of AC - Treuhand, the GC infringed Article 49 of the Charter of Fundamental Rights of the European Union by reaching this conclusion.

[2] The parties accept the conclusion of the Ontario Court of Appeal in R. v. Parker (2000), 2000 CanLII 5762 (ON CA), 146 C.C.C. (3d) 193, that a blanket prohibition on medical access to marihuana infringes the Canadian Charter of Rights and Freedoms.

Although the Tribunal conceded that the section infringed Sears» s. 2 (b) Charter rights, this was a reasonable limit that was demonstrably justified in a free and democratic society,

Private arbitration courts have the capacity to make rulings which do not comply with EU law or infringe the CFR [Charter of Fundamental Rights].

I disagree with him about the notwithstanding clause — hardly ever used outside Quebec, and I don't think that's a problem; about property rights — an open invitation to fight every kind of government action on the basis that one's property (i.e. right to do whatever one wants without regard to others) has been infringed (the US took over 100 years to fight that one out, and the right to govern is back under attack there); and about secession — in fact the SCC managed to give a reasonable interpretation of the Constitution (not the Charter in particular) on that point.

Consistent with the separation of powers and the well - grounded reluctance of courts to intervene in matters of foreign relations, the proper remedy is to grant Mr. Khadr a declaration that his Charter rights have been infringed, while leaving the government a measure of discretion in deciding how best to respond.

The Administrative Jurisdiction Division of the Dutch Council of State, considered that it needed guidance on whether having self - identified that there were gay men, the mere fact of further investigation, could infringe fundamental rights (Articles 3 (right to integrity) and 7 (right to respect to private and family life) of the EU Charter of Fundamental Rights)[41 of CJEU judgrights (Articles 3 (right to integrity) and 7 (right to respect to private and family life) of the EU Charter of Fundamental Rights)[41 of CJEU judgRights)[41 of CJEU judgment].

The Charter rights of students should not be infringed upon when the have some grain of commentary or criticism, even if they are crude or distasteful, unless they interfere with the ordinary function within the university, affect the integrity of the university program or department as a whole, or affect the integrity of the university as a whole.

The accused, D.A., applied for an order for a stay of proceedings under section 24 (2) of the Charter arguing that his rights have been infringed pursuant to section 11 (b).

The trial judge in Carter found that sections 14, 21, 22, 222 and 241 of the Criminal Code of Canada unjustifiably infringe s. 7 and s. 15 of the Canadian Charter of Rights and Freedoms, and are of no force and effect to the extent that they prohibit physician - assisted dying.

This means that in administering a law or making regulations to aid the administration of laws, a Minister of the Crown or an administrative body such as an agency or tribunal can not make a decision or a regulation that infringes on our Charter rights.

Justice McDougall made short work of the ex parte procedure in para. 157 where he stated: ``... [T] he reality is that while the respondent waits for the opportunity to be heard at a de novo hearing, his or her Charter - protected rights and freedoms will continue to be infringed upon.

Lastly, the judge determined that, per s. 24 of the Charter, the results of the breath test had been «obtained in a manner that infringed or denied any rights of freedoms guaranteed by the Charter», noting:

[3] I am satisfied, in the special circumstances of this case, that Mr. Khadr's rights under s. 7 of the Charter have been infringed.

[118] As I have found that decision to have infringed the Applicants» Charter rights and have concluded that the Committee's finding that the Applicants» conduct constituted non-academic misconduct for which they should be disciplined constituted an unreasonable decision, I am of the view that the Review Committee's decision should be quashed and that this is not a case where the matter need be referred to the Board of Governor's Student Discipline Review Committee to consider an appeal from that decision.

In a 27 - page opinion (PDF, English), the president of the commission, Jacques Frémont, states that he believes (along with numerous others) that several proposals in the government's policy paper contravene Quebec's Charter of Human Rights and Freedoms and infringe upon established fundamental rights and freRights and Freedoms and infringe upon established fundamental rights and frerights and freedoms.

Rodriguez argues voting is a form of expression to which all Canadian citizens over the age of 18 are entitled, and so not being able to explicitly bemoan the electoral options on offer infringes on the charter right to free expression.

In this latest challenge, the plaintiffs argue that the prohibition infringes both section 7 and 15 (equality) Charter rights of the plaintiffs, and is not justified in a free and democratic society.

The Supreme Court, in a unanimous landmark decision has declared the provisions in the criminal code, which have prevented Canadians from accessing assistance in dying, to be invalid as they unjustifiably infringe section 7 Charter rights.

The trial judge therefore found that Mr. Boyd's Charter rights had been infringed and excluded the evidence, resulting in an acquittal.

If the government passes the proportionality test, then the government action is permitted, despite the fact that it infringes on a Charter right.

Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all of the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

In particular, two of his Charter rights had been infringed by the seizure and warrantless search:

The test to determine whether the PSESA infringed section 2 (d) of the Charter is whether it «substantially interfered» with the right to strike, and moreover, whether the legislative interference with the right to strike in a particular case amounts to a substantial interference with collective bargaining.

On November 16, 2011, the commission tabled a legal opinion (in French) demanding that Revenu Québec amend section 1029.8.116.16 of the Taxation Act to eliminate the obligation to register for direct deposit as a condition to obtain the solidarity tax credit, as this measure is discriminatory and infringes the right to equality under the Charter of Human Rights and Freedoms.

The provisions were found to infringe the rights of prostitutes under s. 7 of the Charter, by putting their lives in danger.

Counsel for Mr. Hill submits that s. 753 (1.1) infringes s. 7, s. 11 (d) and s. 12 of the Canadian Charter of Rights and Freedoms.

[4] That is to say that an Act of Parliament could be declared invalid by the judiciary if it infringed on human rights protected by the Charter.

The issue was whether the accused had a reasonable expectation of privacy in regard to the contents of the laptop, whether his right to be free from unreasonable search and seizure had been infringed, and whether the evidence should be excluded under Section 24 (2) of the Charter.

«I agreed with the applicants that their s. 7 and s. 8 Charter rights had been infringed, in relation to the taking of the statement of Mark David; the inclusion of portions of that statement in the bank ITOs; and the warrantless seizing of Box 23.

The unanimous Court held that the Alberta Personal Information Protection Act («PIPA») infringes a union's right of expression under section 2 (b) of the Canadian Charter of Rights and Freedoms («Charter «-RRB-.

Michelle Josef, who had already started the process at CAMH leading to the surgery, launched an application alleging that the defunding of the surgery was unconstitutional because it exceeded the regulatory power conferred upon Cabinet by the Health Insurance Act, was enacted in bad faith and infringed the equality rights guaranteed by s. 15 of the Canadian Charter of Rights and Freedoms and was not a reasonable limit that could be justified under s. 1 of the Chrights guaranteed by s. 15 of the Canadian Charter of Rights and Freedoms and was not a reasonable limit that could be justified under s. 1 of the ChRights and Freedoms and was not a reasonable limit that could be justified under s. 1 of the Charter.

The constitutionality of privacy legislation in those provinces is now in question, and the legislatures are working to introduce amendments that will ensure Charter rights are not infringed.

In 2010, a group of parents whose children attended the school filed a petition in the B.C.S.C. seeking a declaration that their Charter rights had been infringed because their school facilities did not meet the standards in s. 23 of the Charter.

On Thursday June 11, 2015, our Supreme Court of Canada ruled that the law limiting medical marijuana to dry leaves infringes on Canadians» liberty and security of person protected by section 7 of the Charter of Rights and Freedoms.

In Crouch, the court was asked to consider (1) whether to re-confirm the Protection Order under the Act, and (2) whether the Act violates the Charter by infringing on an individual's freedom of expression or by violating an individual's right to life, liberty and security of the person.

In this latest challenge, the plaintiffs argue the prohibition infringes both section 7 and 15 (equality) Charter rights of the plaintiffs, and is not justified in a free and democratic society.

They succeeded at trial notwithstanding the S.C.C. decision in Rodriguez v. B.C. [1993] 3 S.C.R. 519, that s. 241 did not infringe certain Charter rights under ss.

In September 2012 the Applicant brought an application for judicial stay of proceedings pursuant to s. 24 (1) of the Charter alleging his rights under s. 11 (b) had been infringed due to an unreasonable delay in bringing his case to trial.

The judge went on to hold that because the telewarrant was invalid its execution infringed the Applicant's s. 8 Charter right to be secure against unreasonable search and seizure and that the admission into evidence of the drugs and other items seized by the police would bring the administration of justice into disrepute.

The British Columbia Teachers» Federation (BCTF) challenged the legislation as unconstitutional on the basis that it deprived them of collective bargaining rights, thereby infringing their freedom to associate guaranteed under s. 2 of the Charter.

Moreover, there is no specific Charter Right that is infringed by the failure of a Court to award costs.