How have the courts interpreted the provisions of the Canadian Bill of Rights?

Alberta, Canada


The following excerpt is from R. v. J.D., 1977 ALTASCAD 89 (CanLII):

The argument in this connection is based primarily upon the dissenting judgment of Laskin, J. (now C.J.C.) in Regina v. Burnshine (1974) 1974 CanLII 150 (SCC), 15 C.C.C. (2d) 505 where he says at page 520: “It is important to appreciate that the Canadian Bill of Rights does not invariably command a declaration of in-operability of any federal legislation affected by its terms. That may be the result, under the principle enunciated in the Drybones case, supra, if a construction and application compatible with the Canadian Bill of Rights cannot reasonably be found. The primary injunction of the Bill, however, is to determine whether a challenged measure is open to a compatible construction that would enable it to remain an effective enactment. If the process of construction in the light of the Bill yields this result, it is unnecessary and, indeed, it would be an abuse of judicial power to sterilize the federal measure.”

Other Questions


How have the provisions of section 92 of the Constitution Act, 1867 been interpreted and interpreted by the courts? (Alberta, Canada)
How have the courts interpreted the meaning of the word “right and true” in the context of a contract? (Alberta, Canada)
Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
How have courts interpreted the effect of agreed extensions in a contract where one party waives their right to insist on performance by the stipulated time? (Alberta, Canada)
In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
How have courts in Trinidad and Tobago interpreted freedom of association provisions in trade union legislation? (Alberta, Canada)
How have courts interpreted the Charter and the role of the courts? (Alberta, Canada)
Does s. 7(e) of the Canadian Bill of Rights require the courts to observe "natural justice" in the context of conflict of law cases? (Alberta, Canada)
How have the courts in the United States and Canada interpreted the principles of the Court of Appeal in the context of a motion for summary judgment? (Alberta, Canada)
How have courts interpreted the interpretation of a fire insurance contract? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.