Search - contravention

As Hugessen J. found, requiring acquired rights individuals to comply with the Sawridge Band membership code, in which preconditions have been created to membership, was in contravention of the Act ... As Hugessen J. found, requiring acquired rights individuals to comply with the Sawridge Band membership code, in which preconditions had been created to membership, was in contravention of the Act ...

The principle to be derived from these cases, according to Crown counsel, is that the Minister cannot knowingly assess in contravention of the provisions of the Act. ... As a consequence, the declaratory judgment requested by the plaintiff would frustrate and be in contravention of Parliament's intention as reflected in the statute as well as be contrary to jurisprudence dealing with the limits of the Minister's assessing process. ...

The convention should be construed in such a manner that it is consistent with the understanding that the Crown does not intend to act in contravention of its international obligations. ...

The respondents also challenged the constitutional validity of section 231.2 as being in contravention of section 8 of the Canadian Charter of Rights and Freedoms which involves unreasonable search and seizure. ...

To say that the person affected by the certificate may attack the certificate by impugning the constitutional validity of the statute authorizing the procedure, the making of the certificate by the Minister and the registration thereof in contravention of the conditions precedent to registration is a far different thing from saying that the Court has jurisdiction to correct a certificate which has been registered. ...

.), I found that the former subsection 231(4) of the Income Tax Act dealing with search and seizure was in contravention of the Charter and therefore ultra vires. ...

I think that is a very questionable proposition but not one which I need address having concluded as I do that there was no contravention of Mr Justice Cattanach’s order in this respect. ...

Toute obligation rend le débiteur passible de dommages en cas de contravention de sa part; dans les cas qui le permettent, le créancier peut aussi demander l'exécution de l'obligation même, et l'autorisation de la faire exécuter aux dépens du débituer, ou la résolution du contrat d'où naît l'obligation; sauf les exceptions contenues dans ce Code et sans préjudice à son recours pour les dommages-intérêts dans tous les cas. ...

Kerzner's file; the only way to do that was to apply under the relevant provisions of the Customs Act. [5]                Section 129 of the Customs Act allows a person from whom goods have been seized to apply to the Minister for a decision as to whether there was, based on the circumstances, a contravention of the Act. ...

The level of the fine, Urie J.A. indicated, could not be a token fine because this would "be inconsistent with the gravity of the contraventions and might serve to encourage others to flout the law if it is to their financial advantage to do so" (pp. 567-68). 22.    ...