quill.gif (3183 bytes) Access to Courts:  Canada Cases

  • 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