Aboriginal Justice Inquiry
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Aboriginal Justice Inquiry
The Aboriginal Justice Inquiry (AJI), officially the Public Inquiry into the Administration of Justice and Aboriginal People, was a public inquiry commissioned by the Manitoba government into the administration of justice regarding the 1971 murder of Helen Betty Osborne and 1988 death of J.J. Harper. Commissioned in 1988, with its final report presented in 1991, its stated purpose was "to examine the relationship between the Aboriginal peoples of Manitoba and the justice system." The Commission of Inquiry was composed of Alvin Hamilton, former Associate Chief Justice of Manitoba of the Court of Queen's Bench, and Murray Sinclair, then-Associate Chief Judge of the Provincial Court and former Justice of the Court of Queen's Bench. To develop a plan to act upon the Inquiry's recommendations, the Aboriginal Justice Implementation Commission was created in late November 1999. Background and overview At the time of the inquiry, Manitoba had the highest proportion of Aborigina ...
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List Of Canadian Royal Commissions
This is a list of Canadian royal commissions or commissions of inquiry since Confederation. In Canada, royal commissions and commissions of inquiry are official Government inquiries into matters of national concern, either in order to look into an important general issue or to fully investigate a specific incident. They are appointed by the Governor in Council (Cabinet) according to the ''Inquiries Act'', and consist of a panel of distinguished individuals, experts, or judges. The terms of reference for the commission and the powers and the names of the commissioners are officially stated by an Order-in-Council. Once their task is complete, the findings of the commission are reported to Cabinet and the Prime Minister for appropriate action. The Crown in right of each province can also appoint a royal commission, although they are not included in this list. Federal inquiries are limited to matters within the constitutional jurisdiction of the Parliament of Canada. They can only l ...
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Bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may possibly be brought up on charges of the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded. In other countries, such as the United Kingdom, bail is more likely to consist of a set of restrictions that the suspect will have to abide by for a set period of time. Under this usage, bail can be given both before and after charge. For minor crimes, a defendant may be summoned to court witho ...
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Sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly translated to English as ''sherif''. Description Historically, a sheriff was a legal official with responsibility for a shire, the term being a contraction of " shire reeve" (Old English ). In British English, the political or legal office of a sheriff, term of office of a sheriff, or jurisdiction of a sheriff, is called a shrievalty in England and Wales, and a sheriffdom in Scotland. In modern times, the specific combination of legal, political and ceremonial duties of a sheriff varies greatly from country to country. * In England, Northern Ireland, or Wales, a sheriff (or high sheriff) is a ceremonial county or city official. * In Scotland, sheriffs are judges. * In the Republic of Ireland, in some counties and in the cities of Dubli ...
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Urban Area
An urban area, built-up area or urban agglomeration is a human settlement with a high population density and infrastructure of built environment. Urban areas are created through urbanization and are categorized by urban morphology as cities, towns, conurbations or suburbs. In urbanism, the term contrasts to rural areas such as villages and hamlets; in urban sociology or urban anthropology it contrasts with natural environment. The creation of earlier predecessors of urban areas during the urban revolution led to the creation of human civilization with modern urban planning, which along with other human activities such as exploitation of natural resources led to a human impact on the environment. "Agglomeration effects" are in the list of the main consequences of increased rates of firm creation since. This is due to conditions created by a greater level of industrial activity in a given region. However, a favorable environment for human capital development would also be genera ...
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Jury Duty
Jury duty or jury service is service as a juror in a legal proceeding. Juror selection process The prosecutor and defense can dismiss potential jurors for various reasons, which can vary from one state to another, and they can have a specific number of arbitrary dismissals, or unconditional peremptory challenge, which does not require specific reasons. The judge can also dismiss potential jurors. Some courts had been sympathetic to jurors' privacy concerns and refer to jurors by number, and conduct ''voir dire'' ''in camera'' (i.e., in private). In the United States, there have also been Fifth Amendment challenges and medical privacy (e.g., HIPAA) objections to this. Australia Australia uses an adversarial system, and potential jurors are randomly selected from an electoral roll. Jurors receive a small payment for each day of attendance. Employers are also required to pay their employees "make-up pay", that is, the usual pay the employee would have earned from working, les ...
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Criminal Code (Canada)
The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the ''Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the ''Firearms Act'', the ''Controlled Drugs and Substances Act'', the ''Canada Evidence Act'', the ''Food and Drugs Act'', the ''Youth Criminal Justice Act'' and the ''Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be convic ...
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Northern Manitoba
Northern Manitoba (also known as NorMan or Nor-Man) is a geographic and cultural List of regions of Manitoba, region of the Provinces and Territories of Canada, Canadian province of Manitoba. Originally encompassing a small square around the Red River Colony, the province was extended north to the 60th parallel north, 60th parallel in 1912. The region's specific boundaries vary, as "northern" communities are considered to share certain social and geographic characteristics, regardless of latitude. Geography Different bodies of the Government of Manitoba provide different definitions of Northern Manitoba. The most detailed description is set out by Manitoba Indigenous and Northern Relations: For marketing purposes, Travel Manitoba considers Northern Manitoba to encompass everything north of the 53rd parallel north, 53rd parallel. In contrast, the Look North economic development agency defines the North as consisting of Statistics Canada's Census Divisions 19, 21, 22, and 23. Th ...
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Jury Panel
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European civil law or Islamic sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia have phased these out. The modern criminal court jury arrangement has evolved out of the medieval j ...
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Peremptory Challenge
In American and Australian law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e. by giving a good reason why they might be unable to reach a fair verdict, but the challenge will be considered by the presiding judge and may be denied. A peremptory challenge can be a major part of ''voir dire''. A peremptory challenge also allows attorneys to veto a potential juror on a "hunch". The idea behind peremptory challenges is that if both parties have contributed in the configuration of the jury, they will find its verdict more acceptable. The existence of peremptory challenges is argued to be an important safeguard in the judicial process, allowing both the defendant and the prosecution to get rid of potentially biased jurors. Their use allows attorneys to use their training and experience to dismiss jurors who might say the cor ...
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Defence Counsel
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. ...
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Jury Selection
Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool", also known as the ''venire'') is first selected from among the community using a reasonably random method. Jury lists are compiled from voter registrations and driver license or ID renewals. From those lists, summonses are mailed. A panel of jurors is then assigned to a courtroom. The prospective jurors are randomly selected to sit in the jury box. At this stage, they will be questioned in court by the judge and/or attorneys in the United States. Depending on the jurisdiction, attorneys may have an opportunity to mount a ''challenge for cause'' argument or use one of a limited number of peremptory challenges. In some jurisdictions that have capital punishment, the jury must be death-qualified to remove those who are opposed to the death penalty. Jury selection and techniques for ''voir dire'' are taught to law students in trial advocacy co ...
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Canadian Justice System
The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous law systems developed by the various Indigenous Nations. The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The ''Constitution Act, 1867'' (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the ''Constitution Act, 1982'' ended all legislative ties to Britain, as well as adding a constitutional amending formula and the ''Canadian Charter of Rights and Freedoms''. The ''Charter'' guarantees basic rights and freedoms that usually cannot be over-ridden by any government—though a notwithstanding c ...
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