Law Case Studies Canada

The majority of the Supreme Court agreed with Singh and decided that refugee status claims required an oral hearing where claimants could state their case and know the case against them.

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Oakes argued that the act violated the right to be presumed innocent until proven guilty.

The Supreme Court agreed and found that the offence violated the presumption of innocence because it required the accused to prove his innocence, rather than the Crown to prove his guilt.

The act reflected the Christian tradition of reserving Sunday as a day of rest.

The Supreme Court decided that the act violated the fundamental freedoms of religion protected by the Charter.

This decision has had a lasting and important impact on Canada’s refugee process. Minister of Employment and Immigration, [1985] 1 SCR 177 Big M Drug Mart was a store in Calgary that did not close on Sundays.

The police charged the store for violating the Lord’s Day Act, which stated that selling goods or conducting business on Sundays was unlawful.There are many more cases that have contributed to interpreting and advancing the Charter’s protections.The cases are listed in chronological order, which reflects the fact that many judgments build upon previous cases.For more than 35 years, the Charter has played an active role in Canada’s evolution and continues to influence the creation and interpretation of laws and policies in Canada.In celebration of the 37th anniversary of the signing of the Canadian Charter of Rights and Freedoms, we have added two new Charter-related cases.This case was the Court’s first decision on equality rights.It has influenced the development of equality law well beyond the specific facts of Mr.The majority of the Supreme Court decided to strike down the abortion provisions in the Criminal Code, because they forced women to carry a foetus to term unless they met certain criteria, like getting a certificate.The legislative scheme prevented many women from obtaining a legal abortion, even if carrying the foetus would cause them psychological or physical harm.The majority of the Court also found that the provisions were not demonstrably justified in a free and democratic society, because they did not advance the state’s purpose of protecting the life and health of mothers. Morgentaler, [1988] 1 SCR 30 Mark Andrews met all the requirements to become a lawyer in British Columbia, but he did not have Canadian citizenship.Since Parliament did not pass any law in response to this decision, abortion is no longer a criminal offence in Canada. Because he did not meet the citizenship requirement, he was not accepted.


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