Azoulay V R
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Azoulay V R
''Azoulay v R'', 9522 S.C.R. 495 was a decision by the Supreme Court of Canada on abortion in Canada. The court found that with evidence so complicated, a judge should summarize it to a jury. Background Dr. Leon Azoulay was accused of murder after one of his patients died. This woman, described by Justice James Wilfred Estey as "Mrs. P.", had allegedly received an abortion from Azoulay which wound up causing a fatal haemorrhage. An autopsy revealed evidence of an abortion. At trial, the judge spoke about the law under which Azoulay was charged, and told the jury that if they found Azoulay guilty, there must be evidence beyond a reasonable doubt. He also declined to summarize the facts of the case, saying that they "have been well elaborated by the Defence and the Crown." Azoulay was found guilty of manslaughter. Quebec's court of appeal upheld the conviction, albeit with the Chief Justice dissenting that the trial judge's discussion with the jury was inadequate. Decision The S ...
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Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the am ...
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