15 Important Charter Cases - Statistics

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Significance Decided Case % Correct
Established the framework for analyzing equality rights claims under section 15 1989 Andrews v Law Society of British Columbia
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Recognized that criminal laws related to sex work violated section 7 by increasing risks to the safety and security of sex workers 2013 Canada (Attorney General) v Bedford
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Elucidated the principle of substantive equality as section 15 requires the government to take steps to ensure marginalized groups have equal benefit of the law 1997 Eldridge v British Columbia (Attorney General)
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Affirmed that section 8 protects an individual's reasonable expectation of privacy from state intrusion 1984 Hunter v Southam Inc
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Defined freedom of expression broadly as protecting any non-violent activity that attempts to convey meaning under section 2(b) 1989 Irwin Toy Ltd v Quebec (Attorney General)
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Found that excluding same-sex couples from spousal support provisions violates section 15 equality rights 1999 M v H
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Recognized that section 7 protects substantive principles of fundamental justice, not just procedural fairness 1985 Reference Re BC Motor Vehicle Act
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Confirmed that extending civil marriage to same-sex couples is consistent with section 15 equality rights 2004 Reference Re Same-Sex Marriage
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Established that section 2(a) protects religious freedom and prevents state-imposed religious observance 1985 R v Big M Drug Mart
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Confirmed that hate speech falls under freedom of expression, but can be justifiably limited under section 1 1990 R v Keegstra
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Recognized that state restrictions on abortion can violate a woman's security of the person under section 7 1988 R v Morgentaler
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Set out the test for determining when limits on Charter rights are justified under section 1 1986 R v Oakes
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Affirmed that section 7 protects the rights of accused individuals to know the case against them so that they may defend themselves, requiring broad prosecutorial disclosure 1991 R v Stinchcombe
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Held that extradition without assurances against the death penalty generally violates section 7 2001 United States v Burns
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Held that exclusion of sexual orientation from human rights protections violates the equality guarantee under section 15 1998 Vriend v Alberta
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