Drunk Driving (Canada)
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Drunk Driving (Canada)
Impaired driving is the term used in Canada to describe the criminal offence of operating, having care or the control of a motor vehicle while the person's ability to operate the motor vehicle is impaired by alcohol or a drug. Impaired driving is punishable under multiple offences in the ''Criminal Code'', with greater penalties depending on the harm caused by the impaired driving. It can also result in various types of driver's licence suspensions. There is a related, parallel offence of driving with a blood alcohol level which exceeds eighty milligrams of alcohol in one hundred millilitres of blood (.08). The penalties are identical for impaired driving and driving with a BAC greater than .08. The Criminal Code gives the police and peace officers a number of powers to assist in the enforcement of the applicable laws, and there are a number of presumptions that assist in the prosecution of offences. History One of the first reported criminal cases regarding drinking and driving ...
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Motor Vehicle
A motor vehicle, also known as motorized vehicle or automotive vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on Track (rail transport), rails (such as trains or trams) and is used for the transportation of people or cargo. The vehicle propulsion is provided by an engine or motor, usually an internal combustion engine or an electric motor, or some combination of the two, such as hybrid electric vehicles and plug-in hybrids. For legal purpose, motor vehicles are often identified within a number of vehicle classes including cars, buses, motorcycles, off-road vehicles, light trucks and regular trucks. These classifications vary according to the legal codes of each country. International Organization for Standardization, ISO 3833:1977 is the standard for road vehicle types, terms and definitions. Generally, to avoid requiring people with disabilities from having to possess an operator's license to use one, or requiring tags and insurance, powered ...
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Robert Frank Borkenstein
Robert Frank Borkenstein (August 31, 1912 – August 10, 2002) was an American inventor, researcher, and professor, and is known as the inventor of the Breathalyzer. Early Years Robert F. Borkenstein was born in Fort Wayne, Indiana on August 31, 1912. He graduated high school during the beginning of the Great Depression, and due to other financial issues and constraints he was unable to continue his education in college. He would find employment working in Fort Wayne as a photographic technician, where he developed an expertise in color film leading to his invention of the color camera. In 1936, because of his skills and creativity Borkenstein was hired by the Indiana State Police Criminology Laboratory. Rising through the ranks quickly, Borkenstein when from working as a clerk to Captain in charge Laboratory Services. Throughout his time with the Indiana State Police, he helped to improve the use of photography in law enforcement and assisted in the creation of the polygraph machi ...
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Section Twenty-four Of The Canadian Charter Of Rights And Freedoms
Section 24 of the ''Canadian Charter of Rights and Freedoms'' provides for remedies available to those whose ''Charter'' rights are shown to be violated. Some scholars have argued that it was actually section 24 that ensured that the ''Charter'' would not have the primary flaw of the 1960 '' Canadian Bill of Rights''. Canadian judges would be reassured that they could indeed strike down statutes on the basis that they contradicted a bill of rights.Dyck, Rand. ''Canadian Politics: Critical Approaches.'' Third ed. (Scarborough, Ontario: Nelson Thomson Learning, 2000), p. 442. Text Under the heading "Enforcement," the section states: Remedies Subsection 24(1) must be distinguished from subsection 52(1) of the ''Constitution Act, 1982''. Whereas section 52 allows the courts to invalidate laws or parts of laws for breaches of the constitution (including the ''Charter''), section 24 has broader capabilities (hindered only by the "appropriate and just" requirement) and can only be in ...
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Emond
Emond is a surname, and may refer to: *Alexandre Émond, a Canadian judoka *Anne Émond, a film director and screenwriter *Bernard Émond, a Canadian director and screenwriter *Jean-Bernard Émond, a Canadian politician *Jean Emond, a professor of surgery *Linda Emond, an American actress *Martin Emond, a New Zealand cartoon illustrator and painter *Renaud Emond Renaud Emond (born 5 December 1991) is a Belgian professional footballer who plays as a forward for Belgian First Division A club Standard Liège. Club career Virton Born in Arlon, Belgium, Emond began his career at R.E. Virton, where his f ..., a Belgian football player {{surname French-language surnames ...
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Cannabis Act
The ''Cannabis Act'' (also known as Bill C-45) is a law which legalized recreational cannabis use in Canada in combination with its companion legislation Bill C-46, ''An Act to Amend the Criminal Code''. The law is a milestone in the legal history of cannabis in Canada, alongside the 1923 prohibition. The bill was passed by the House of Commons in late November 2017, and in the Senate on June 7, 2018, and the House accepted some Senate amendments and sent the bill back to the Senate on June 18. The Senate then passed the final version of the bill on June 19, and it received Royal Assent on June 21. Canada is the second country in the world to legalize recreational cannabis nationwide after Uruguay. History leading up to act The Liberal Party proposed legalization in 2012, and it was a major campaign platform for Justin Trudeau who became Prime Minister in 2015. Shortly after election, the Task Force on Cannabis Legalization and Regulation was convened to study the issue. The ...
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Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century. Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce ...
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Tackling Violent Crime Act
The ''Tackling Violent Crime Act'' is an omnibus statute that was given royal assent on February 28, 2008. The statute primarily deals with strengthening gun control in Canada as well as fighting drunk driving, drug-impaired driving and to increase the age of consent for sexual intercourse Sexual intercourse (or coitus or copulation) is a sexual activity typically involving the insertion and thrusting of the penis into the vagina for sexual pleasure or reproduction.Sexual intercourse most commonly means penile–vaginal penetrat ... from 14 to 16. References 2008 in Canadian politics 2008 in Canadian law Canadian federal legislation Canadian criminal law {{Canada-law-stub Canadian firearms law ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ...
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Section Ten Of The Canadian Charter Of Rights And Freedoms
Section 10 of the Canadian Charter of Rights and Freedoms specifies rights upon arrest or detention, including the rights to consult a lawyer and the right to ''habeas corpus''. As a part of a broader range of legal rights guaranteed by the Charter, section 10 rights may be limited by the Oakes test and/or the notwithstanding clause. However, section 10 has also spawned considerable litigation, and has made an impact in numerous cases. Text The section reads: Detention Section 10 is only triggered if a person is arrested or detained. In R v Grant, the Supreme Court stated that "detention" refers to a suspension of an individual's liberty interest by a significant physical or psychological restraint. Psychological detention is established either where the individual has a legal obligation to comply with the restrictive request or demand, or a reasonable person would conclude from the state conduct that there was no choice but to comply. In cases without physical restraint or l ...
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Section Nine Of The Canadian Charter Of Rights And Freedoms
Section 9 of the ''Canadian Charter of Rights and Freedoms'', found under the "Legal rights" heading in the Charter, guarantees the right against arbitrary detainment and imprisonment. Section nine states: Interpretation Detainment within the meaning of both section nine and section ten is not invoked unless there is significant physical or psychological restraint. Detainment can be found to be arbitrary where there is "no express or implied criteria which govern its exercise." The Supreme Court of Canada has stated that "detention" refers to a suspension of an individual's liberty interest by a significant physical or psychological restraint. Psychological detention is established either where the individual has a legal obligation to comply with the restrictive request or demand, or a reasonable person would conclude by reason of the state conduct that he or she had no choice but to comply. In cases where there is no physical restraint or legal obligation, it may not be clea ...
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