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Fleming V Ontario
''Fleming v Ontario'', 2019 SCC 45 is a decision of the Supreme Court of Canada on the powers of police officers under the common law ancillary powers doctrine. The Court unanimously held that police officers did not have the authority to arrest someone engaging in lawful conduct to prevent a breach of peace by others. Background The Ancillary Powers Doctrine The Ancillary Powers Doctrine is a common law rule that assumes that when an obligation is imposed on the executive, they also implicitly gain the 'ancillary' powers necessary to execute it. In the context of police powers, this doctrine is applied through the 'Waterfield Test', a test which originated in the UK but versions of which have since been adopted by the courts of many other common law jurisdictions, including Canada. Under the test, a police officer could take an action to interfere with a person's liberty or privacy if: # they were acting in the execution of their duties under common law or statute, and # ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suzanne Côté
Suzanne Côté (born September 21, 1958) is a puisne justice of the Supreme Court of Canada. She was nominated by Prime Minister Stephen Harper to replace retiring justice Louis LeBel. Before her appointment to the Supreme Court, she was a partner at Osler, Hoskin & Harcourt LLP and previously Stikeman Elliott LLP in Montréal. She is the first woman appointed to the Supreme Court directly from private practice. Early life and education She had wanted to be a lawyer since age 11. While her mother wanted her to become a teacher, as a child Suzanne enjoyed reading about high-profile legal cases. Côté did her legal studies at the Faculté de droit de l'Université Laval. Career While a student, Côté worked at a small law firm in Gaspé. She bought half of her employer's practice. Côté was called to the Bar of Quebec in 1981. She went on to become a partner at Stikeman Elliott LLP in Montréal, and later Osler, Hoskin & Harcourt LLP. At Osler, Hoskin & Harcourt, she over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Nations In Canada
First Nations (french: Premières Nations) is a term used to identify those Indigenous Canadian peoples who are neither Inuit nor Métis. Traditionally, First Nations in Canada were peoples who lived south of the tree line, and mainly south of the Arctic Circle. There are 634 recognized First Nations governments or bands across Canada. Roughly half are located in the provinces of Ontario and British Columbia. Under Charter jurisprudence, First Nations are a "designated group," along with women, visible minorities, and people with physical or mental disabilities. First Nations are not defined as a visible minority by the criteria of Statistics Canada. North American indigenous peoples have cultures spanning thousands of years. Some of their oral traditions accurately describe historical events, such as the Cascadia earthquake of 1700 and the 18th-century Tseax Cone eruption. Written records began with the arrival of European explorers and colonists during the Age of Dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Caledonia, Ontario
Caledonia is a community located on the Grand River in Haldimand County, Ontario, Canada. It had a population of 9,674 as of the 2016 Canadian Census. Caledonia is within Ward 3 of Haldimand County. The Councillor elected for Ward 3 is Dan Lawrence. As of September 2006, there were approximately 4,000 households in the community of Caledonia. Caledonia is located at the intersection of Highway 6 and Haldimand Highway 54 (within the town, these streets are called Argyle Street and Caithness Street respectively) on the Grand River. On Highway 6, the town is south of Hamilton and north of Hagersville. On Haldimand Highway 54, the town is east of Brantford, Ontario and west of Cayuga, Ontario. History Caledonia was once a small strip of land between Seneca and Oneida villages. The Grand River passed through Caledonia dividing it into two sides, North and South. In 1834, Ranald McKinnon was hired by the Grand River Navigation company to build a dam in Seneca and a dam in Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ontario Provincial Police
The Ontario Provincial Police (OPP) is the provincial police service of Ontario, Canada. Under its provincial mandate, the OPP patrols provincial highways and waterways, protects provincial government buildings and officials, patrols unincorporated areas, and provides support to other agencies. The OPP also has a number of local mandates through contracts with municipal governments, where it acts as the local police force and provides front-line services. With an annual budget of nearly $1.2 billion, the OPP employed 5,500 uniformed officers, 700 auxiliary officers, and 2,500 civilian employees in 2020, making it the largest police service in Ontario and the second-largest in Canada (after the Royal Canadian Mounted Police). The OPP's operations are directed by its commissioner ( Thomas Carrique) and it is a part of the Ministry of the Solicitor General. History At the First Parliament of Upper Canada in Niagara-on-the-Lake on 17 September 1792, a provision was made for t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2019 Reasons Of The Supreme Court Of Canada
The table below lists the decisions (known as 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 2019. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. Reasons References External links * 2019 decisionsCanLII {{Supreme Court of Canada Supreme Court of Canada reasons by year [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Waterfield
''R v Waterfield'' 9633 All E.R. 659 is an English Court of Appeal decision, a court of binding precedent, outlining the modern limits of the law that authorises a police officer to stop (and then conceivably detain) a person. This case produced what is known as the Waterfield test (incorporating the common law "ancillary power doctrine") for the limit of police authority to interfere with a person's liberty or property. Facts The police were investigating a reported incident of dangerous driving, where a car had rammed into a wall. It turned out that the car was owned by Eli Waterfield and driven by his friend, Geoffrey Lynn, but police were unable to make any arrests without further evidence. One evening, while Lynn sat in the car at the local market, two police officers approached him to ask to search it. Lynn said he would leave. One of the officers said he would stop him if he tried. Waterfield arrived, told the police that they had no right to seize his car and told ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kosoian V Société De Transport De Montréal
''Kosoian v Société de transport de Montréal'', 2019 SCC 59 (colloquially referred to as The Escalator Handrail Case) is a decision of the Supreme Court of Canada on the public law immunity of police officers and public bodies. The Court unanimously held that police officers who enforced non-existent laws did not enjoy civil or criminal immunity over their actions. The case arose when a woman refused to comply with a pictogram directing her to hold the handrail of an escalator. She was ordered to comply by an officer who believed, and had been taught, (wrongly) that the pictogram represented a by-law. After she refused multiple demands, the officer arrested her. Background On May 13, 2009, Bela Kosoian, a 38-year-old student of the Université du Québec à Montréal entered Montmorency Metro station in Laval Laval means ''The Valley'' in old French and is the name of: People * House of Laval, a French noble family originating from the town of Laval, Mayenne * Laval (s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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