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FCTD

Toutsaint v. Canada (Attorney General), 2019 FC 817

In that context, it is not surprising that the Applicant is an Indigenous man with an appalling personal history of deprivation and abuse, as they are shockingly overrepresented in our jails and, in particular, in the type of solitary confinement institutionally known as administrative segregation. [2]   Other courts have determined that the prolonged use of administrative segregation in general, and especially in the case of mentally disordered offenders, contravenes Canada’s Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11. [3]   The question in this case is not, however, whether the Applicant’s Charter rights have been infringed by his prolonged segregation, but whether the Court should intervene with the management of his incarceration by ordering the Correctional Service of Canada (CSC) to transfer him to a penitentiary that also serves as an acute care psychiatric hospital pending the outcome of his discrimination complaint to the Canadian Human Rights Commission (CHRC). [4]   For the reasons that follow, I decline to issue the mandatory interlocutory injunction the Applicant requests. ...
FCTD

Kattenburg v. Canada (Attorney General), 2019 FC 1003

As such, they contravene the requirements of subsection 7(1) of the Consumer Packaging and Labelling Act and subsection 5(1) of the Food and Drugs Act ...
FCTD

Her Majesty the Queen v. Fredericton Housing Limited, [1973] CTC 160, 73 DTC 5145

Those grounds of objection to the statement of claim are as follows: (1) The statement of claim contravenes Rule 408 in that it does not state the material facts to support the action. (2) The statement of claim as originally filed purported to commence an action from a judgment dated July 31, 1971 and mailed August 1, 1971 was, on its face, in contravention of section 172 of the Income Tax Act. i would mention here parenthetically that the insertion of the dates of July 31, 1971 and August 1, 1971 in paragraph 1 of the statement of claim was by clerical error and that the plaintiff amended its pleadings pursuant to Rule 421 whereby any party may amend his pleadings without leave at any time before any other party has pleaded thereto and that this amendment was prior to any pleading by the defendant, so that the references to the figures 1971 in the second and third lines of paragraph 1 of the statement of claim were deleted and replaced by the figures 1972. ...
FCTD

Rosenberg v. Canada (National Revenue), 2016 FC 1376

., and declare that an agreement such as the one before this Court, that does not contravene the Galway line of authorities, is binding on the parties. ...
FCTD

Burstyn v. Canada (Canada Customs and Revenue Agency), 2006 FC 744

. ·       Authorized Persons shall disclose all information relevant to the employee who is exercising recourse, except any information that could compromise national security, compromise the integrity of any standardized assessment method, or any information that would contravene the Privacy Act. 5. ...
FCTD

Professional Institute of the Public Service of Canada v. Canada (Customs and Revenue Agency), 2004 FC 507

Authorized persons shall disclose all information relevant to the employee who is exercising recourse, except any information that could compromise national security, compromise the integrity of any standardized assessment method, or any information that would contravene the Privacy Act. [116]        Noteworthy here is the mandatory requirement that Authorized Persons "shall disclose all information to the employee who is exercising recourse," except for the specified exceptions. [117]        The crucial issue here from the Applicant's perspective is the prohibition against disclosing information "regarding the assessment or treatment of another candidate in the selection process..... ...
FCTD

CC Havanos Corp. Ltd. (Re), 2002 FCT 941

In my opinion it is unlikely, or at least I am unable to conclude with certainty, that Parliament intended to impose an absolute prohibition on the courts on exercising some discretion in their assessment of the facts of each case and deciding, for example, to release certain property the possession of which does not in any way contravene the Excise Act. ...
FCTD

Olympia Interiors Ltd. v. Canada, docket T-1436-92

Saplys 12, a case involving prosecution, apparently under the Excise Tax Act, where it was found, inter alia, that the Crown had failed to meet its obligations to disclose evidence to be relied upon, thus compromising the defendant's right to a fair trial, and that the conduct of its investigation and prosecution of the charges was so unfair as to contravene fundamental notions of justice and to undermine integrity of the judicial process. ...
FCTD

Canada (Attorney General) v. Allard, 2008 FC 1294

  [55] The subtlest jurisprudence allows for a Screening Board to set out the qualifications required by the Department in a reasonable manner, provided that the addition does not contravene the merit principle. ...
FCTD

Syncrude Canada Ltd. v. Canada (Attorney General), 2014 FC 776

Subsection 272(1) of CEPA makes it an offence to contravene subsection 139(1).  ...

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