1993 Reasons Of The Supreme Court Of Canada
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1993 Reasons Of The Supreme Court Of Canada
The list below consists of the reasons delivered from the bench by the Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ... during 1993. This list, however, does not include decisions on motions. Reasons References * 1993 decisionsCanLII {{Supreme Court of Canada Reasons Of The Supreme Court Of Canada, 1993 Supreme Court of Canada reasons by year * ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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R V Potvin
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Ireland ''or'' . The letter is the eighth most common letter in English and the fourth-most common consonant (after , , and ). The letter is used to form the ending "-re", which is used in certain words such as ''centre'' in some varieties of English spelling, such as British English. Canadian English also uses the "-re" ending, unlike American English, where the ending is usually replaced by "-er" (''center''). This does not affect pronunciation. Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as F, L, M, N and S. This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many o ...
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1993 In Canada
Events from the year 1993 in Canada. Incumbents Crown * Monarch – Elizabeth II Federal government * Governor General – Ray Hnatyshyn * Prime Minister – Brian Mulroney (until June 25) then Kim Campbell (June 25 to November 4) then Jean Chrétien * Chief Justice – Antonio Lamer (Quebec) * Parliament – 34th (until September 8) Provincial governments Lieutenant governors *Lieutenant Governor of Alberta – Gordon Towers *Lieutenant Governor of British Columbia – David Lam * Lieutenant Governor of Manitoba – George Johnson (until March 5) then Yvon Dumont *Lieutenant Governor of New Brunswick – Gilbert Finn *Lieutenant Governor of Newfoundland – Frederick Russell *Lieutenant Governor of Nova Scotia – Lloyd Crouse *Lieutenant Governor of Ontario – Hal Jackman *Lieutenant Governor of Prince Edward Island – Marion Reid *Lieutenant Governor of Quebec – Martial Asselin *Lieutenant Governor of Saskatchewan – Sylvia Fedoruk Premiers *Pr ...
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Hunt V T&N Plc
''Hunt v T&N plc'', 9934 S.C.R. 289 is a landmark decision of the Supreme Court of Canada on conflict of laws. The Court ruled that the Quebec law prohibiting the removal of company documents from the province was constitutionally inapplicable to a British Columbia court order. The decision was significant in that it affirmed much of the reasoning from ''Morguard Investments Ltd. v. De Savoye'' (1990) and further held that the principles first identified in Morguard are fundamental to the constitution. Background George Hunt, a resident of British Columbia, was diagnosed with cancer caused by the inhalation of asbestos fibres from a product that was manufactured in Quebec. As part of his action in British Columbia he tried to get an order to retrieve documents from the manufacturer in Quebec. The Quebec ''Business Concerns Records Act'' prohibited the removal of documents outside of the province. Hunt attempted to challenge the law as unconstitutional. Hunt attempted to argue that ...
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R V Marquard
''R v Marquard'', 9934 S.C.R. 223, is a leading case of the Supreme Court of Canada on the admissibility of expert testimony. Background Debra Marquard was charged with aggravated assault for allegedly placing her 3-year-old granddaughter face on hot stove as punishment. At trial Marquard had claimed that the girl was burnt while playing with a butane lighter. During the trial the court heard testimony from Dr. Mian, an expert on child abuse, regarding the burns to the child despite having no medical expertise on burns. At issue on appeal was the trial judge's warning of the frailty of the child's testimony and the ability of an expert to give opinion evidence on matters outside their area of expertise. Opinion of the Court McLachlin observed that where a witness has "not shown to have possessed expertise to testify in the area, his or her evidence must be disregarded and the jury so instructed." An expert going beyond their ability should not be given any value. The Court must be ...
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R V Dersch
''R v Dersch'', 9933 S.C.R. 768 is a leading Supreme Court of Canada decision on the right against unreasonable search and seizure under section 8 of the ''Canadian Charter of Rights and Freedoms''. The Court held that sharing of personal information of patients, such as blood test results, between health care professionals or law enforcement violates section 8 of the ''Charter'' and should be excluded under section 24(2). Background In the evening of October 7, 1987, Wilfred Dersch was driving near Duncan, British Columbia. His car swerved into oncoming traffic and caused an accident, killing the other driver. When the police arrived Dersch refused the breathalyzer. The police noticed that his eyes were glazed and he appeared intoxicated. He was taken to the hospital where the doctor tried to give him an intravenous line which he resisted. Eventually he passed out and the intravenous was given and a blood sample was taken. The doctor tested the blood for alcohol content as it was ...
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Rodriguez V British Columbia (AG)
''Rodriguez v British Columbia (AG)'', 9933 SCR 519 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") by a terminally ill woman, Sue Rodriguez. In a 5–4 decision, the Court upheld the provision in the ''Criminal Code''. Background Sue Rodriguez was a 42-year-old mother whose illness amyotrophic lateral sclerosis (ALS or "Lou Gehrig's disease") was diagnosed in 1992. By 1993, it was found that she would not live more than a year, and so she began a crusade to strike down section 241(b) of the ''Criminal Code'', which made assisted suicide illegal, to the extent it would be illegal for a terminally ill person to commit "physician-assisted" suicide. She applied to the Supreme Court of British Columbia to have section 241(b) of ''Criminal Code'' struck down because it allegedly violated sections 7 (the right to "life, liberty, and security of the perso ...
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Ontario Hydro V Ontario (Labour Relations Board)
''Ontario Hydro v Ontario (Labour Relations Board)'', 9933 S.C.R. 327 is a leading constitutional decision of the Supreme Court of Canada on the federal declaratory power and the peace, order and good government power under the ''Constitution Act, 1867''. The Court held that the regulation of relations between Ontario government and employees of a nuclear power plant was under federal jurisdiction under the federal declaratory power of section 92(10)(c) of the ''Constitution Act, 1867'', and the national concern branch of the peace, order and good government. Background Ontario Hydro is a power generating corporation owned by the Ontario government. Among their power generating plants include five nuclear generators. These nuclear plants fall under the jurisdiction of the federal ''Atomic Energy Control Act''. Section 18 of that Act provides that all works and undertakings "constructed for the production, use and application of atomic energy" are works that are "for the general adv ...
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R V Harbottle
''R v Harbottle'', 9933 SCR 306 is a Canadian criminal law case decided by the Supreme Court of Canada on the standard of causation required in order for an accused to be convicted of first degree murder under section 231(5) (where the murder is subsequent to a predicate offence) of the ''Criminal Code''. The Court held that the standard for this provision must be strict requiring a "substantial and integral cause". On the facts, the Court found that Harbottle's conduct in holding the victim's legs while she was strangled to death was sufficient to be a substantial and integral cause. This standard does not apply to all first degree murder, where the standard articulated in ''R v Nette''2001 SCC 78. applies. See also * List of Supreme Court of Canada cases The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written r ...
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R V Plant
''R v Plant'', 9933 S.C.R. 281 is a leading decision of the Supreme Court of Canada on the protection of personal information under the ''Canadian Charter of Rights and Freedoms''. The issue was whether the warrantless perimeter search of the accused home and the seizure of electricity consumption records violated the accused's right against unreasonable search and seizure under section 8 of the ''Charter''. The Court held that the seizure of consumption records was not in violation of section 8, but that the perimeter search did violate the ''Charter''. See also * List of Supreme Court of Canada cases (Lamer Court) This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada to his retirement. 19901994 19951999 See also * List of notable Canadian Courts of Appeals cases ... References External links * Section Eight Charter case law Supreme Court of Canada cases 1993 in Canadian c ...
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R V Creighton
''R v Creighton'', 9933 S.C.R. 3 is a landmark case from the Supreme Court of Canada where the Court found that the standard for criminal liability for some offences can be lowered and not offend the Charter. This case marked the last in a series of cases, beginning with '' R. v. Tutton'', discussing the use of an objective standard for determining ''mens rea'' in criminal offences. Background On the afternoon of October 27, 1989, Marc Creighton, Frank Caddedu, and Ms. Martin consumed large amounts of cocaine and alcohol. Creighton injected himself and his two consenting companions with cocaine. Martin immediately began to convulse and stopped breathing. They were unsuccessful in resuscitating her. Caddedu tried to call 911 but Creighton's threats prevented him from doing so. They cleaned any signs of fingerprints from around the house and then left. Caddedu came back several hours later and called the police. Creighton was charged under s. 222(5)(a) and (b) of the Criminal Code f ...
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Ramsden V Peterborough (City Of)
''Ramsden v Peterborough (City of)'', 9932 SCR 1084 is a leading Supreme Court of Canada decision where the Court struck down a bylaw prohibiting all postering on public property on the grounds that it violated freedom of expression under section 2(b) of the ''Canadian Charter of Rights and Freedoms''. Background Kenneth Ramsden was charged on two separate occasions placing posters on hydro poles advertising his band. He claimed that the bylaw was unconstitutional. A justice of the peace found that the bylaw was constitutional and he was fined. The decision was upheld on appeal to the Provincial Court. However, on appeal to the Court of Appeal for Ontario The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Societ ... the decision was overturned and it was held that the bylaw was in violation of ...
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