Canadian Caselaw

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  • Housen v. Nikolaisen et al.

    [1] Iacobucci and Major, JJ. : A proposi­tion that should be unnecessary to state is that a court of appeal should not interfere with a trial judge's reasons unless there is a palpable and overriding error. The same proposition is sometimes stated as prohibit­ing an appellate court from reviewing a ...

  • Khosa v. Canada (Minister of Citizenship and Immigration), (2009) 385 N.R. 206 (SCC)

    [1] Binnie, J. : At issue in this appeal is the extent to which, if at all, the exercise by judges of statutory powers of judicial review (such as those established by ss. 18 and 18.1 of the Federal Courts Act , R.S.C. 1985, c. F-7) is governed by the common law principles lately analysed by our...

  • R. v. Généreux

    [1] Lamer, C.J.C. : This appeal involves a constitutional challenge, under ss. 7, 11(d) and 15 of the Canadian Charter of Rights and Freedoms , to the proceedings of a General Court Martial convened under the National Defence Act , R.S.C. 1985, c. N-5. The principal question raised in this case...

  • R. v. Ipeelee (M.), (2012) 428 N.R. 1 (SCC)

    [1] LeBel, J. : These two appeals raise the issue of the principles governing the sentencing of Aboriginal offenders for breaches of long-term supervision orders ("LTSO"). Both appeals concern Aboriginal offenders with long criminal records. They provide an opportunity to revisit and reaffirm the...

  • RJR-MacDonald Inc. et Imperial Tobacco Ltd. v. Canada (Procureur général)

    [1] Sopinka and Cory, JJ. : These applications for relief from compliance with certain Tobacco Act Regulations as interlocutory relief are ancillary to a larger challenge to regulatory legislation which will soon be heard by this court....

  • Agraira v. Canada (Minister of Safety and Emergency Preparedness) et al.

    [1] LeBel, J. (McLachlin, C.J.C., Fish, Abella, Rothstein, Moldaver and Karakatsanis, JJ., concurring) : The appellant, Muhsen Ahmed Ramadan Agraira, a citizen of Libya, has been residing in Canada continuously since 1997, despite having been found to be inadmissible on security grounds in 2002....

  • Baker v. Can. (M.C.I.), (1999) 243 N.R. 22 (SCC)

    [1] L'Héureux-Dubé, J. : Regulations made pursuant to s. 114(2) of the Immi­gration Act , R.S.C. 1985, c. I-2, empower the respondent Minister to facilitate the admission to Canada of a person where the Minister is satisfied, owing to humanitarian and compassionate considerations, that admission...

  • R. v. Morgentaler, (1988) 82 N.R. 1 (SCC)

    [1] Dickson, C.J.C. : The principal issue raised by this appeal is whether the abortion provisions of the Criminal Code infringe the "right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice" as...

  • R. v. Osolin

    [1] Cory, J. : There are two basic issues raised on this appeal. One is whether the "air of reality" test which is set out in s. 265(4) of the Criminal Code , R.S.C. 1985, c. C-46, violated the appellant's constitutional rights under ss. 11(d) and 11(f) of the Ca­nadian Charter of Rights and...

  • R. v. U.P.M.

    [1] Fish, J. : This case concerns the right of everyone in Canada, including the appellant, to be secure against unreasonable search and seizure. And it relates, more particularly, to the search and seizure of personal computers....

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