The David Asper Centre for Constitutional Rights

Legal Rights

ss.7-14 – Legal Rights (in general)

• Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 486 (absolute liability offence with mandatory imprisonment)

s.7 – Life, Liberty and Security of Person

• A.C. v. Manitoba (Director of Child and Family Services), 2009 SCC 30 (mature minor objects to blood transfusion)
  
• Blencoe v. British Columbia (Human Rights Commission), [2000] 2 S.C.R. 307 (lengthy delay in processing sexual harassment complaints)
• B.(R.) v. Children’s Aid Society of Metropolitan Toronto, [1995] 1 S.C.R. 315 (parents object to blood transfusion)
• Canada (Justice) v. Khadr, [2008] 2 S.C.R. 125 (Canada's obligations under international law)
• Charkaoui v. Canada (Citizenship and Immigration), 2007 1 S.C.R. 350 (security certificate)
  
• Charkaoui v. Canada (Citizenship and Immigration), 2008 SCC 38 (security certificate)
  
• Godbout v. Longueil (City), [1997] 3 S.C.R. 844 (right to privacy; residence requirement)
• International Longshoremen’s and Warehousemen’s Union – Canada Area Local 500 v. Canada, [1994] 1 S.C.R. 150  (right to strike; back-to-work legislation)
• 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)
• 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)
• Pearlman v. Manitoba Law Society Judicial Committee, [1991] 2 S.C.R. 869 (Law Society Act providing for awarding of costs against lawyer found guilty of professional misconduct)
• Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 486 (absolute liability offence with mandatory imprisonment)
• 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. Malmo-Levine, [2003] 3 S.C.R. 571 (marihauna use)
  
• R. v. Morgentaler, [1988] 1 S.C.R. 30 (abortion)
• R. v. Wholesale Travel Group Inc., [1991] 3 S.C.R. 154 (strict liability – reverse onus provisions)
• Reference re ss.193 and 195.1(1)(c) of the Criminal Code (Man.), [1990] 1 S.C.R. 1123 (prostitution)
• Walker v. Prince Edward Island, [1995] 2 S.C.R. 407 (Provincial legislation providing that no person can practise as a public accountant in province unless that person is a member of provincial institute of chartered accountants)

s.8 Search and Seizure

• R. v. Hape, [2007] 2 S.C.R. 292 (search and seizure outside of Canada)
  
• R. v. Kang-Brown, [2008] 1 S.C.R. 456 (question of whether dog sniff could be deemed a search; should evidence found through dog sniff search be excluded if search was unreasonable?)
• R. v. Patrick, 2009 SCC 17 (seized garbage and reasonable expectations of privacy)
• R. v. Shepherd, 2009 SCC 35 (reasonable and probable grounds to demand breath samples)
• R. v. Tessling, [2004] 3 S.C.R. 432 (warrantless use of thermal imaging device)
  

s. 10(b) Right to Counsel

• R. v. Suberu, 2009 SCC 33 (whether police must inform of right to counsel as soon as detention arises)