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Frey V. Fedoruk Et Al.
''Frey v Fedoruk'' 950S.C.R. 517 is a decision by the Supreme Court of Canada on the definition of a breach of the peace and whether being a "peeping tom" is a crime. The Court found that actions do not necessarily breach the peace just because they cause violent reactions. Due to this finding, courts would have less say in determining what is criminal as a breach of the peace, and the Parliament of Canada would have more. Background At the time, peeping was not specifically prohibited. Allegedly, the appellant Frey had left his truck to look into a window of a house at 11:15 P.M. A woman saw him looking in, and shouted, and her adult son took a butcher knife and went outside. He chased Frey, caught him, and called the police. The police, seeing footprints near the house, arrested Frey. Frey also alleged the police constable attacked him, although in court Frey mainly fought his arrest as false imprisonment. The British Columbia Court of Appeal found the imprisonment was not ... [...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] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases (Richards Court Through Fauteux Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the formation of the Court in 1875 to the retirement of Gérald Fauteux in 1973. Note that the Privy Council heard appeals for criminal cases until 1933 and for civil cases until 1949. Also between 1888 and 1926, no criminal appeals were allowed to the Privy Council. 1875–99 19001949 19501959 19601969 1970–73 See also * List of Judicial Committee of the Privy Council cases * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (1867-1984) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick Kerwin
Patrick Kerwin (October 25, 1889 – February 2, 1963) was the tenth Chief Justice of Canada. Life and career Patrick Grandcourt Kerwin was born in Sarnia, Ontario to Patrick Kerwin and Ellen Gavin. Kerwin attended Osgoode Hall Law School in 1908. He articled in Sarnia with R. V. Le Sueur. In 1911 Kerwin moved to Guelph, where he practiced law for over 21 years with Guthrie and Guthrie, later changed to Guthrie and Kerwin. During that time, he served as solicitor for the city of Guelph and Wellington County, as well as Crown prosecutor. In 1932 he was appointed to the High Court of Ontario. Supreme Court of Canada On July 20, 1935, Kerwin was appointed a puisne justice of the Supreme Court of Canada. In 1954, after 19 years on the court, Kerwin was appointed as Chief Justice, replacing the retired Thibaudeau Rinfret Thibaudeau Rinfret (June 22, 1879 – July 25, 1962) was a Canadian jurist and the ninth Chief Justice of Canada and Administrator of Canada in 1952 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrest Warrant
An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property. Canada Arrest warrants are issued by a judge or justice of the peace under the Criminal Code. Once the warrant has been issued, section 29 of the code requires that the arresting officer must give notice to the accused of the existence of the warrant, the reason for it, and produce it if requested, if it is feasible to do so. Czech Republic Czech courts may issue an arrest warrant when it is not achievable to summon or bring in for questioning a charged person and at the same time there is a reason for detention (i.e. concern that the charged person would either flee, interfere with the proceedings or continue criminal activity, see Remand in the Czech Republic). The arrest warrant includes: * identification of the charged person * brief description of the act, for which the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lexicon
A lexicon is the vocabulary of a language or branch of knowledge (such as nautical or medical). In linguistics, a lexicon is a language's inventory of lexemes. The word ''lexicon'' derives from Koine Greek language, Greek word (), neuter of () meaning 'of or for words'. Linguistic theories generally regard human languages as consisting of two parts: a lexicon, essentially a catalogue of a language's words (its wordstock); and a grammar, a system of rules which allow for the combination of those words into meaningful sentences. The lexicon is also thought to include bound morphemes, which cannot stand alone as words (such as most affixes). In some analyses, compound words and certain classes of idiomatic expressions, collocations and other phrases are also considered to be part of the lexicon. Dictionary, Dictionaries are lists of the lexicon, in alphabetical order, of a given language; usually, however, bound morphemes are not included. Size and organization Items in the le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insult
An insult is an expression or statement (or sometimes behavior) which is disrespectful or scornful. Insults may be intentional or accidental. An insult may be factual, but at the same time pejorative, such as the word "inbred". Jocular exchange Lacan considered insults a primary form of social interaction, central to the imaginary order – "a situation that is symbolized in the 'Yah-boo, so are you' of the transitivist quarrel, the original form of aggressive communication". Erving Goffman points out that every "crack or remark set up the possibility of a counter-riposte, topper, or squelch, that is, a comeback". He cites the example of possible interchanges at a dance in a school gym: Backhanded compliments A backhanded (or left-handed) compliment, or asteism, is an insult that is disguised as, or accompanied by, a compliment, especially in situations where the belittling or condescension is intentional. Examples of backhanded compliments include, but are not lim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Judaism and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Revenge
Revenge is committing a harmful action against a person or group in response to a grievance, be it real or perceived. Francis Bacon described revenge as a kind of "wild justice" that "does... offend the law ndputteth the law out of office." Primitive justice or retributive justice is often differentiated from more formal and refined forms of justice such as distributive justice and divine judgment. Function in society Social psychologist Ian Mckee states that the desire for the sustenance of power motivates vengeful behavior as a means of impression management: "People who are more vengeful tend to be those who are motivated by power, by authority and by the desire for status. They don't want to lose face". Vengeful behavior has been found across a majority of human societies. Some societies encourage vengeful behavior, which is called a feud. These societies usually regard the honor of individuals and groups as of central importance. Thus, while protecting of their reputa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Robert Cartwright
John Robert Cartwright (March 23, 1895 – November 24, 1979) was the 12th Chief Justice of Canada. Born in Toronto, Cartwright was the son of James Strachan Cartwright and Jane Elizabeth Young. After graduating from Upper Canada College in 1912, he enrolled at Osgoode Hall Law School and began his articles with Smith, Rae & Greer. He interrupted his studies in 1914 to serve overseas with the armed forces during the First World War. In 1915 he was wounded twice and for the following two years was an aide-de-camp to three successive generals. He was awarded the Military Cross in 1917. Upon his return to Canada, he resumed his study of law. He was called to the bar in 1920, then joined the firm of Smith, Rae & Greer in Toronto. In 1947 he was counsel for the Government of Canada in the prosecutions that resulted from the findings of the Royal Commission on Spying Activities in Canada, which had been chaired by justices Robert Taschereau and Roy Kellock. He was appointed t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
