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Gladue Report
A Gladue report is a type of pre-sentencing and bail hearing report that a Canadian court can request when considering sentencing an offender of Aboriginal background under Section 718.2(e) of the Criminal Code. The process derives its name from '' R. v. Gladue'', a 1999 Supreme Court of Canada decision that was the first to challenge Section 718.2(e) of the Criminal Code. Gladue Principle Subsection 718.2(e) is a guiding principle and not a substantive power. Therefore, the court is not at liberty to impose a sentence outside the range of legally available penalties. For example, if there is a minimum sentence of imprisonment, the court cannot use the Gladue Principle to impose a sentence lower than the minimum. However, courts have considered the Gladue Principle in determining the constitutionality of minimum sentences which are set by the Crown, depending on whether the Crown elects to serve a notice of enhanced penalty under s. 729 or elects to proceed by indictment. In M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presentence Investigation
A presentence investigation report (PSIR) is a legal document that presents the findings of an investigation into the "legal and social background" of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should influence the severity or leniency of a criminal sentence. The PSIR is a "critical" document prepared by a probation officer via a system of point allocation, so that it may serve as a charging document and exhibit for proving criminal conduct. The PSIR system is widely implemented today. History PSIR reports trace their origins to the efforts of prison reformer John Augustus who in the 1840s began a campaign to allow discretion in sentencing to help those who were deemed undeserving of harsh sentences and could be reformed. More specifically, in the Police Court of Boston, Augustus posted bail for a man, promising the judge that the man would improve upon returning to the court and would earn a lessened sentence. The r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Peoples In Canada
In Canada, Indigenous groups comprise the First Nations, Inuit and Métis. Although ''Indian'' is a term still commonly used in legal documents, the descriptors ''Indian'' and ''Eskimo'' have fallen into disuse in Canada, and most consider them to be pejorative. ''Aboriginal peoples'' as a collective noun is a specific term of art used in some legal documents, including the ''Constitution Act, 1982'', though in most Indigenous circles ''Aboriginal'' has also fallen into disfavour. Old Crow Flats and Bluefish Caves are some of the earliest known sites of human habitation in Canada. The Paleo-Indians, Paleo-Indian Clovis culture, Clovis, Plano cultures, Plano and Pre-Dorset cultures pre-date the current Indigenous peoples of the Americas. Projectile point tools, spears, pottery, bangles, chisels and Scraper (archaeology), scrapers mark archaeological sites, thus distinguishing cultural periods, traditions, and lithic reduction styles. The characteristics of Indigenous culture in ... [...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] |
R V Ipeelee
''R v Ipeelee'' is a Supreme Court of Canada decision which reaffirmed the court's previous holdings in ''R v Gladue'', in that when sentencing an Indigenous person, every sentencing judge must consider: (a) the unique systemic or background factors which may have played a part in bringing the particular Indigenous individual before the courts; and (b) the types of sentencing procedures and sanctions which may be appropriate in the circumstances for the person before the court because of their particular Indigenous heritage or connection. Background It has long been recognized that Indigenous Peoples are overrepresented in all points of the criminal justice system. The Royal Commission on Aboriginal Peoples found that the justice system in what is now known as Canada has failed Indigenous Peoples, both on and off-reserve, urban and rural, in all jurisdictions due to fundamentally different world views between Indigenous and non-Indigenous people with respect to issues such as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ipperwash Inquiry
The Ipperwash Inquiry was a two-year public judicial inquiry funded by the Government of Ontario, led by Sidney B. Linden, and established under the ''Ontario Public Inquiries Act'' (1990), which culminated in a four volume 1,533-page Ipperwash Inquiry Report released on May 30, 2007. The inquiry was established by then-Premier Dalton McGuinty shortly after he took office after winning the Ontario general election on October 23, 2003. On November 12, 2003 the Liberals called for an inquiry with a twofold purpose, to investigate events surrounding the death of 38-year-old Dudley George, who was shot and killed by an OPP officer at Ipperwash Provincial Park in September 1995, and to make recommendations to prevent the escalation of violence that took place during the Ipperwash Crisis. According to the report, George was the "first aboriginal person to be killed in a land-rights dispute in Canada since the 19th century." The report found that "the appropriation of the Stony Point re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Allan Rock
Allan Michael Rock (born August 30, 1947) is a Canadian lawyer, former politician, diplomat and university administrator. He was Canada's ambassador to the United Nations (2004–2006) and had previously served in the Cabinet of Jean Chrétien, most notably as Justice Minister (1993–1997) and Health Minister (1997–2002). Rock was appointed as president and vice-chancellor of the University of Ottawa by its board of governors on June 3, 2008. His term began on July 15, 2008, and it ended on July 1, 2016. Rock was subsequently designed president emeritus. Rock joined the University of Ottawa Faculty of Law in 2018, where he is currently a full professor specializing in subjects related to international law (notably international humanitarian law). Early life Allan Rock was born to James Thomas Rock and Anne (née Torley) Rock in Ottawa, where he was raised and educated through secondary school. He received a B.A. in 1968 and an LL.B. in 1971 at the University of Ottawa, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister Of Justice (Canada) ''
{{disambiguation ...
Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government with the rank of a normal minister but who doesn't head a ministry ** Shadow minister, a member of a Shadow Cabinet of the opposition ** Minister (Austria) * Minister (diplomacy), the rank of diplomat directly below ambassador * Ministerialis, a member of a noble class in the Holy Roman Empire * ''The Minister'', a 2011 French-Belgian film directed by Pierre Schöller See also *Ministry (other) *Minster (other) *''Yes Minister ''Yes Minister'' is a British political satire sitcom written by Antony Jay and Jonathan Lynn. Comprising three seven-episode series, it was first transmitted on BBC2 from 1980 to 1984. A sequel, ''Yes, Prime Minister'', ran for 16 episodes fro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Canada
The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous law systems developed by the various Indigenous Nations. The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The ''Constitution Act, 1867'' (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the ''Constitution Act, 1982'' ended all legislative ties to Britain, as well as adding a constitutional amending formula and the ''Canadian Charter of Rights and Freedoms''. The ''Charter'' guarantees basic rights and freedoms that usually cannot be over-ridden by any government—though a notwithstanding ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Aboriginal And Indigenous Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
