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Carter V Canada (AG)
''Carter v Canada (AG)'', 2015 SCC 5 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 several parties, including the family of Kay Carter, a woman suffering from degenerative spinal stenosis, and Gloria Taylor, a woman suffering from amyotrophic lateral sclerosis ("ALS").Carter v. Canada: The Death with Dignity Case British Columbia Civil Liberties Association In a unanimous decision on February 6, 2015, the Court struck down the provision in the '''', thereby giving Canadian adults who are mentally competent a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For British Columbia
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 supernumerary justices. All justices of the BCCA (including the position of Chi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
CTV News
CTV News is the news division of the CTV Television Network in Canada. The name ''CTV News'' is also applied as the title of local and regional newscasts on the network's owned-and-operated stations (O&Os), which are closely tied to the national news division. Local newscasts on CTV 2 are also branded as ''CTV News'', although in most cases they are managed separately from the newscasts on the main CTV network. National programs CTV's national news division produces the following programs: * '' CTV National News'', the nightly newscast anchored by Omar Sachedina (weekdays) and Sandie Rinaldo (weekends); * '' W5'', a weekly newsmagazine series; * ''Question Period'', a weekly news and interview series;. CTV News also operates the national 24-hour news channel CTV News Channel and the 24-hour national business news channel BNN Bloomberg, both of which are available across Canada on cable and satellite. The news division produced the weekday morning news and entertainment pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interjurisdictional Immunity
In Canadian Constitutional law, interjurisdictional immunity is the legal doctrine that determines which legislation arising from one level of jurisdiction may be applicable to matters covered at another level. Interjurisdictional immunity is an exception to the pith and substance doctrine, as it stipulates that there is a core to each federal subject matter that cannot be reached by provincial laws. While a provincial law that imposes a tax on banks may be ruled ''intra vires'', as it is not within the protected core of banking, a provincial law that limits the rights of creditors to enforce their debts would strike at such a core and be ruled inapplicable. The paramountcy doctrine states that if two pieces of legislation meet, regulate the same activities, and conflict, the federal legislation is paramount, prevails and renders the provincial legislation ''inoperative''. In contrast, the ''interjurisdictional immunity doctrine'' is activated even if there is no meeting of legislat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 92 Of The Constitution Act, 1867
Section 92 of the ''Constitution Act, 1867'' (french: article 92 de la Loi constitutionnelle de 1867) is a provision in the Constitution of Canada that sets out the legislative powers of the legislatures of the provinces of Canada. The provincial powers in section 92 are balanced by the list of federal legislative powers set out in section 91 of the ''Constitution Act, 1867''. The dynamic tension between these two sets of legislative authority is generally known as the "division of powers". The interplay between the two lists of powers have been the source of much constitutional litigation since Confederation of Canada in 1867. The ''Constitution Act, 1867'' is the constitutional statute which established Canada. Originally named the ''British North America Act, 1867'', the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada. ''Constitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada (AG) V PHS Community Services Society
is a leading Supreme Court of Canada case dealing with the application of the criminal law and healthcare heads of power found in section 91 and section 92 of the ''Constitution Act, 1867'' and the principles of fundamental justice in section 7 of the ''Canadian Charter of Rights and Freedoms''. Background In September 2003, the Vancouver Coastal Health Authority and the Portland Hotel Society opened Insite, North America's first supervised drug injection site, in Downtown Eastside Vancouver, an area of high drug use. s 4(1) and 5(1) of the ''Controlled Drugs and Substances Act'' (''CDSA'') prohibited the possession and trafficking of controlled substances, and so in order to operate, Insite was obligated to apply for an exemption for medical and scientific purposes from the ''CDSA''. The federal Minister of Health, whose discretionary powers under s 56 of the ''CDSA'' permitted the granting of exemptions, allowed Insite's application. Insite received further extensions on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 91(27) Of The Constitution Act, 1867
Section 91(27) of the ''Constitution Act, 1867'', also known as the criminal law power, grants the Parliament of Canada the authority to legislate on: Scope of the federal power Section 91(27) is by and large the broadest of the enumerated powers allocated to the federal government. As noted by Estey J. in '' Scowby v. Glendinning'': History and jurisprudence The meaning of the phrase "criminal law" was historically a matter of debate. It was first defined by Lord Haldane of the Judicial Committee of the Privy Council, writing in the opinion for the Board of Commerce case, as that area: In ''Proprietary Articles Trade Association v. Attorney General of Canada'', Lord Atkin, writing for the Council, rejected this interpretation: The modern interpretation was articulated by Rand J. in the Margarine Reference where the Court stated: Therefore, the following must be met for a law to be criminal in nature: The issues relating to prohibitions and penalties can be appr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada (AG) V Bedford
is a decision of the Supreme Court of Canada on the Canadian law of sex work. The applicants, Terri-Jean Bedford, Amy Lebovitch and Valerie Scott, argued that Canada's prostitution laws were unconstitutional. The ''Criminal Code'' included a number of provisions, such as outlawing public communication for the purposes of prostitution, operating a bawdy house or living off of the avails of prostitution, even though prostitution itself is legal. The applicants argued that the laws deprive sex workers of their right to security by forcing them to work secretly. In 2012, the Court of Appeal for Ontario ruled that some, but not all, of these prohibitions violated the ''Canadian Charter of Rights and Freedoms'' and were unconstitutional. The Supreme Court of Canada ruled in a 9–0 decision on December 20, 2013, that all of these laws are unconstitutional, although it delayed the striking down of the laws by one year to allow Parliament to update the laws in accordance with the rulin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stare Decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 1 Of The Canadian Charter Of Rights And Freedoms
Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's ''Charter'' rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in ''R v Sharpe''), hate speech (e.g., in ''R v Keegstra''), and obscenity (e.g., in ''R v Butler''). When the government has limited an individual's right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was ''prescribed by law'' namely, that the law is attuned to the values of ''accessibility'' and ''intelligibility''; and secondly, that it is ''justified in a free and democratic society'', which means that it must have a justifiable purpose and must be proportional. Text Under ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 7 Of The Canadian Charter Of Rights And Freedoms
Section 7 of the ''Canadian Charter of Rights and Freedoms'' is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice. This ''Charter'' provision provides both substantive and procedural rights. It has broad application beyond merely protecting due process in administrative proceedings and in the adjudicative context, and has in certain circumstances touched upon major national policy issues such as entitlement to social assistance and public health care. As such, it has proven to be a controversial provision in the ''Charter''. Text Under the heading of "Legal Rights", the section states: Application The wording of section 7 says that it applies to "everyone". This include ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of British Columbia
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) Supremo may refer to: * ''Supremo'' (film), a 2012 Filipino biographical film about Andrés Bonifacio * ''Supremo'' (album), a 2011 album by Chino y Nacho * Supremo (c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
