Libman v Quebec (AG) [1997] 3 S.C.R. 569 is a Supreme Court of Canada ruling issued on October 9, 1997, which invalidated part of Quebec's referendum law dealing with the regulation of expenses by third parties during a referendum campaign.
The Supreme Court found that the objectives of the Act "to permit an informed choice to be made by ensuring that some positions are not buried by others" and "to preserve the confidence of the electorate in a democratic process that it knows will not be dominated by the power of money" are valid and praiseworthy. However, ruling out third party expenditure altogether was too restrictive to be justified as a reasonable limit "prescribed by law as can be demonstrably justified in a free and democratic society" as per section 1 of the Charter.
The Supreme Court's judges suggested the Quebec legislature limit expenditure by "private intervenors" to $300 on "publicity expenses" to advertise the intervenor's views on a matter of public interest and raise the ceiling of $600 to organize a meeting to $1000.
Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause, sometimes referred to as the override power, and it allows Parliament or provincial legislatures to temporarily override sections 2 and 7–15 of the Charter.
The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all governments in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.
R v Oakes [1986] 1 SCR 103 is a Supreme Court of Canada decision that established the legal test for whether a government action infringing a right under the Canadian Charter of Rights and Freedoms is justified. David Oakes challenged the validity of provisions under the Narcotic Control Act that provided a person found in possession of a narcotic, absent of evidence to the contrary, must be convicted of trafficking the narcotic. Oakes contented the presumption of trafficking violated the presumption of innocence guarantee under Section 11(d) of the Charter.
Reference Re Secession of Quebec, [1998] 2 SCR 217 is a landmark judgment of the Supreme Court of Canada regarding the legality, under both Canadian and international law, of a unilateral secession of Quebec from Canada.
The legal dispute over Quebec's language policy began soon after the enactment of Bill 101, establishing the Charter of the French Language, by the Parliament of Quebec in 1977.
Reference Re Same-Sex Marriage [2004] 3 S.C.R. 698, 2004 SCC 79, was a reference question to the Supreme Court of Canada regarding the constitutional validity of same-sex marriage in Canada. The ruling was announced December 2004, following arguments made two months prior.
Andrews v Law Society of British Columbia, [1989] 1 SCR 143 is the first Supreme Court of Canada case to deal with the equality rights provided under Section 15 of the Canadian Charter of Rights and Freedoms. British law graduate Mark David Andrews challenged the validity of Section 42 of the Barristers and Solicitors Act contending that the Canadian citizenship requirement for being called to the bar violated Section 15 of the Charter.
Section 1 of the Canadian Charter of Rights and Freedoms is the section that confirms that the rights listed in the Charter are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's Charter rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography, hate speech, and obscenity.
Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
Section 3 of the Canadian Charter of Rights and Freedoms is a section that constitutionally guarantees Canadian citizens the democratic right to vote in a general federal or provincial election and the right to be eligible for membership in the House of Commons or of a provincial legislative assembly, subject to the requirements of Section 1 of the Charter. Federal judges, prisoners and those in mental institutions have gained the franchise as a result of this provision, whereas the restriction on minors voting was found to be permissible due to section 1.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Robert Libman is a Canadian politician and architect.
Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure. This right provides those in Canada with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance.
Harper v Canada (AG), [2004] 1 S.C.R. 827, 2004 SCC 33, is a leading decision of the Supreme Court of Canada wherein the Court ruled that Canada Elections Act's spending limits on third party election advertising did violate section 2(b) of the Canadian Charter of Rights and Freedoms but was justified under Section One of the Canadian Charter of Rights and Freedoms.
Option Canada was a Montreal-based lobby group established some eight weeks before the voting day of the 1995 Quebec referendum on sovereignty. According to registration papers filed with both the Canadian and Quebec governments, the private group was incorporated by executives of the Canadian Unity Council on September 7, 1995. The group was disbanded soon after the referendum was over.
M v H [1999] 2 S.C.R. 3, is a landmark decision of the Supreme Court of Canada on the rights of same-sex couples to equal treatment under the Constitution of Canada.
Lavigne v Ontario Public Service Employees Union, [1991] 2 S.C.R. 211 is a leading Supreme Court of Canada decision on freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms and freedom of association under section 2(d) of the Charter.
Section 29 of the Canadian Charter of Rights and Freedoms specifically addresses rights regarding denominational schools and separate schools. Section 29 is not the source of these rights but instead reaffirms the pre-existing special rights belonging to Roman Catholics and Protestants, despite freedom of religion and religious equality under sections 2 and 15 of the Charter. Such rights may include financial support from the provincial governments. In the case Mahe v. Alberta (1990), the Supreme Court of Canada also had to reconcile denominational school rights with minority language educational rights under section 23 of the Charter.
R v Tse, 2012 SCC 16 is a Supreme Court of Canada decision regarding the constitutionality of warrant-less wiretaps in emergency situations. The Court found that the emergency wiretap provisions found in section 184.4 of the Criminal Code infringe the search and seizure rights in section 8 of the Canadian Charter of Rights and Freedoms, and cannot be justified as a reasonable limitation under section 1 of the Charter due to the lack of accountability measures.
FEC v. National Conservative PAC, 470 U.S. 480 (1985), was a decision by the Supreme Court of the United States striking down expenditure prohibitions of the Federal Election Campaign Act of 1971 (FECA), which regulates the fundraising and spending in political campaigns. The FECA is the primary law that places regulations on campaign financing by limiting the amount that may be contributed. The Act established that no independent political action committee may contribute more than $1,000 to any given presidential candidate in support of a campaign.
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