The David Asper Centre for Constitutional Rights

Guarantee of Rights and Freedoms (justification)

s.1 – Guarantee of Rights and Freedoms (justification)

• Andrews v. Law Society of B.C., [1989] 1 S.C.R. 143 (citizenship required for call to bar)
• Black v. Law Society of Alberta, [1989] 1 S.C.R. 591 (interprovincial law firm)
• B.(R.) v. Children’s Aid Society of Metropolitan Toronto, [1995] 1 S.C.R. 315 (parents object to blood transfusion)
• Delisle v. Canada (A.G.), [1999] 2 S.C.R. 989 (constitutionality of legislation excluding RCMP members from application of Public Service Staff Relations Act and Part I of Canada Labour Code)
• Devine v. Quebec (A.G.), [1988] 2 S.C.R. 790 (Provincial legislation regulating use of French in commerce and business)
• Dunmore v. Ontario (A.G.), 2001 SCC 94 (exclusion of agricultural workers from statutory labour relations regime)
• Egan v. Canada, [1995] 2 S.C.R. 513 (old age security legislation - definition of "spouse" restricted to person of opposite sex)
• Ford v. Quebec (A.G.), [1988] 2 S.C.R. 712 (Provincial legislation requiring that signs, commercial advertising and firm name should be in French only)
• Irwin Toy Ltd. v. Quebec (A.G.), [1989] 1 S.C.R. 927 (Provincial legislation prohibiting commercial advertising directed at persons under thirteen years of age)
• Lavigne v. Ontario Public Service Employees Union, [1991] 2 S.C.R. 211 (employee objecting to expenditure of union dues on causes unrelated to collective bargaining)
• Law Society of Upper Canada v. Skapinker, [1984] 1 S.C.R. 357 (mobility rights as related to work)
• McKinney v. University of Guelph, [1990] 3 S.C.R. 229 (mandatory retirement policy)
• New Brunswick (Minister of Health and Community Services) v. G.(J.), [1999] 3 S.C.R. 46 (Minister of Health and Community Services applying to extend order granting him custody of three children; parent denied legal aid)
• Professional Institute of the Public Service of Canada v. Northwest Territories (Commissioner), [1990] 2 S.C.R. 367 (collective bargaining)
• PSAC v. Canada, [1987] 1 S.C.R. 424 (right of employees to bargain collectively impaired)
• R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295 (Sunday closing)
• R. v. Edwards Books and Arts Ltd., [1986] 2 S.C.R. 713 (Sunday closing)
• R. v. Jones, [1986] 2 S.C.R. 284 (children not sent to public schools on religious grounds)
• R. v. Morgentaler, [1988] 1 S.C.R. 30 (abortion)
• R. v. Oakes, [1986] 1 S.C.R. 103 (reverse onus clause)
• R. v. Skinner, [1990] 1 S.C.R. 1235 (Criminal Code prohibiting under s. 195.1(1)(c) communications in public for the purpose of prostitution)
• R. v. Wholesale Travel Group Inc., [1991] 3 S.C.R. 154 (strict liability – reverse onus provisions)
• Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 486 (absolute liability offence with mandatory imprisonment)
• Reference re Public Service Employees Relations Act, [1987] 1 S.C.R. 313 (Provincial legislation prohibiting strikes and lockouts)
• Reference re ss.193 and 195.1(1)(c) of the Criminal Code (Man.), [1990] 1 S.C.R. 1123 (prostitution)
• RJR-MacDonald Inc. v. Canada (A.G.), [1995] 3 S.C.R. 199 (cigarette advertising banned)
• Rocket v. Royal College of Dental Surgeons of Ontario, [1990] 2 S.C.R. 233 (profession restricting members’ advertising)
• RWDSU v. Saskatchewan, [1987] 1 S.C.R. 460 (Provincial legislation temporarily prohibiting strikes and lockouts in dairy industry)