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- Operation Dismantle Inc. v. The Queen - Review
of perogative powers - decision made by the Government of Canada to allow the United
States to test cruise missiles; threat to the lives and security of Canadians by
increasing the risk of nuclear conflict and thereby violates the right to life;
Declaratory relief, an injunction and damages were sought - the facts disclosed no
reasonable cause of action
- United States of America v. Dyner - Extradition
- Offences - Money laundering - Attempt - Conspiracy - Fugitive charged in U.S. with
attempting to launder money and conspiracy to launder money - Whether fugitive's conduct
would have amounted to offence under Canadian law if it had occurred in Canada - Whether
conduct would have amounted to criminal attempt or criminal conspiracy under Canadian law
- Right to a fair hearing - Disclosure
- Phillips v. Nova Scotia - Right to fair
trial - Provincial commission of inquiry into mining disaster - Commissioner empowered to
compel testimony - Mine managers charged with criminal offences relating to disaster -
Whether mine managers charged with criminal offences compellable witnesses at the
provincial Inquiry - Whether proceeding with the Inquiry's hearings would breach
principles of fundamental justice or right to fair trial of the Charter - If so, whether a
temporary stay of the public hearings is a just and appropriate remedy
- Hy and Zel's Inc. v. Ontario (Attorney General) -
Standing - Act defining holiday and restricting shopping on those defined holidays -
Corporate Charter challenge alleging infringement of freedom of religion following
convictions for breach of Act - Declaration sought that Act unconstitutional - Application
stayed pending decision in similar case but brought on following finding of
constitutionality - Constitutional questions querying whether freedom of religion
infringed and, if so, whether infringement justified - Whether corporations had standing
to seek declaration of unconstitutionality
- Candian Council of Churches v. Canada (Minister of
Employment and Immigration) - Standing - Public interest group -
Immigration Act amendments making provisions with respect to determination of refugee
status more stringent - Public interest group active in work amongst refugees and
immigrants - Action commenced to challenge constitutionality of Act under the Charter -
Whether standing should be granted to challenge provisions -
- R v. Wholesale Travel Group Inc. - Corporations
- Standing - Corporation charged with misleading advertising under Competition Act -
Whether corporation has standing to challenge validly of federal legislation- Presumption
of innocence - Reverse onus - Regulatory provisions - Strict liability
- R. v. L. - Fair trial - Videotaped statement of
young complainant in sexual assault case admitted into evidence pursuant to s. 715.1 of
Criminal Code - Whether s. 715.1 infringes s. 7 of Canadian Charter of Rights and Freedoms
- Whether s. 715.1 offends evidentiary rules against admission of hearsay evidence and
prior consistent statements - Whether accused's right to cross-examine complainant
violated - Fair trial - Public hearing - Presumption of innocence
- R. v. Morin - Trial within a reasonable time -
Delay of 14[frac12] months between accused's arrest and trial - Delay caused solely by
limits on institutional resources - Whether right to be tried within reasonable time
infringed
- R. v. Brydges - Right to counsel -
Affordability of counsel - Legal Aid and duty counsel - Accused informed of his right to
counsel - Accused requesting information about Legal Aid and expressing concerns about
being unable to afford a lawyer - Accused not informed at that time of the availability of
Legal Aid and duty counsel - Whether accused's right to counsel infringed - Whether police
had the duty to inform the accused of the availability of Legal Aid and duty counsel -
Whether accused waived his right to counsel- Admissibility of evidence - Bringing
administration of justice into disrepute
- R. v. Askov - Trial within a reasonable time -
Delay of almost two years in bringing case to trial following committal - Delay resulting
chiefly from institutional problems - Whether right to be tried within reasonable time
infringed
- R. v. Scott - Stay and recommencement of
proceedings - Stay sought by Crown to avoid unfavourable ruling - Proceedings subsequently
reinstituted - Whether Crown's action violates s. 7 of the Canadian Charter - Stay sought
by Crown to avoid disclosing identity of police informer - Whether accused denied right to
make full answer and defence
- Guimond v. Quebec (Attorney General) - Class
action - Authorization - Colour of right - Respondent sentenced to imprisonment after
failing to pay fines - Respondent seeking authorization to proceed by class action to
claim damages from government for breach of his constitutional rights and those of others
in similar situation - Respondent alleging that statutory sentencing provisions infringing
both Canadian and Quebec charters of rights
- Mackay v. Manitoba - Charter litigation
- Factual basis - Declaration sought without factual basis on which to decide issue -
Whether or not Charter issues should be decided in absence of factual basis. - Act
providing for payment of portion of election expenses if candidates and parties received
fixed proportion of votes - Whether or not Act infringing freedom of expression
- Danson v. Ontario (Attorney General) - Charter
litigation - Factual basis - Proceedings brought by way of application to enforce Charter
rights - Application not supported by facts - Whether or not Charter action can be brought
absent a factual basis -Jurisdiction - Mootness - Courts below considering issue in
absence of factual situation - Fresh evidence adduced in Supreme Court of Canada - Whether
the legal issue considered by the courts below rendered moot by the appellant's
introduction of fresh evidence
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