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Guindon V Canada
is a landmark decision of the Supreme Court of Canada on the distinction between criminal and regulatory penalties, for the purposes of s.11 of the '' Canadian Charter of Rights and Freedoms''. It also provides guidance on when the Court will consider constitutional issues when such had not been argued in the lower courts. Background Guindon, a lawyer who specialized in family and wills and estates law, was approached in 2001 by promoters of a leveraged donation program which was said to operate in the following manner: #Each participant in the program would acquire timeshare units of a resort in the Turks and Caicos Islands. #The participants would donate these units to a charity at a fair market value greater than their cash payment for the timeshares. Guindon agreed, for a fee, to provide an opinion letter on the tax consequences of this program on the basis of a precedent provided by the promoters. Although recommending that a tax lawyer and an accountant review her ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Eleven Of The Canadian Charter Of Rights And Freedoms
Section 11 of the ''Canadian Charter of Rights and Freedoms'' is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. There are nine enumerated rights protected in section 11. Right to be informed of the offence Section 11(a) provides that The right of a person charged with an offence to be informed of the offence originated in section 510 of the ''Criminal Code'' as well as legal tradition. Some courts have used section 510 to help read section 11(a), concluding that the right allows for a person to be "reasonable informed" of the charge; thus it does not matter if a summons simply summarizes a charge. In ''R. v. Nova Scotia Pharmaceutical Society'' the Supreme Court of Canada found that an open-ended statute (prohibiting companies from "unduly" lessening competition) was not a breach of Section 11(a). In '' R. v. Delaronde'' (1997), the Supreme Court of Canada found section 11 (a) is meant not only to guarantee a fair ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Offence
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ... [...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] |
Osgoode Hall Law School
Osgoode Hall Law School, commonly shortened to Osgoode, is the law school of York University in Toronto, Ontario, Canada. The law school is home to the Law Commission of Ontario, the Journal of Law and Social Policy, and the ''Osgoode Hall Law Journal''. A variety of LL.M. and Ph.D. degrees in law are available. Its alumni include two Canadian prime ministers, eight premiers of Ontario, and ten Justices of the Supreme Court of Canada, four of whom were Chief Justices. The current dean of the law school is Mary Condon. History Osgoode Hall was named for William Osgoode, an Oxford University graduate and barrister of Lincoln's Inn who was the first to serve as the chief justice of Upper Canada. Osgoode Hall can trace its history back to the 1820s, and count the first Canadian prime minister Sir John A. Macdonald among its graduates. In 1889, it was reorganized and the Law Society of Upper Canada permanently established the Law School on the site now known as Osgoode Hal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Osgoode Hall Law Journal
The ''Osgoode Hall Law Journal'' () is a law review affiliated with Osgoode Hall Law School of York University, Toronto, Canada. It has been publishing continuously since 1958. References External links *{{official website, http://www.ohlj.ca/ Canadian law journals Publications established in 1958 English-language journals 1958 establishments in Ontario Osgoode Hall Law School ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada Revenue Agency
The Canada Revenue Agency (CRA; ; ) is the revenue service of the Canadian federal government, and most provincial and territorial governments. The CRA collects taxes, administers tax law and policy, and delivers benefit programs and tax credits. Legislation administered by the CRA includes the ''Income Tax Act,'' parts of the ''Excise Tax Act'', and parts of laws relating to the Canada Pension Plan, employment insurance (EI), tariffs and duties. The agency also oversees the registration of charities in Canada, and enforces much of the country's tax laws. From 1867 to 1999, tax services and programs were administered by the Department of National Revenue, otherwise known as Revenue Canada. In 1999, Revenue Canada was reorganized into the Canada Customs and Revenue Agency (CCRA). In 2003, the Canada Border Services Agency (CBSA) was created out of the CCRA, leading to customs being dropped from the agency's mandate and the agency's current name. The CRA is the largest organiz ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ontario Court Of Appeal
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] |
Gowlings
Gowling Lafleur Henderson LLP (Gowlings) was a Canadian and international law firm, with about 700 legal professionals in 10 offices in Canada and as well as London, Moscow, and Beijing. The firm offered legal support in business law, advocacy/litigation and intellectual property law. On July 8, 2015, Gowlings announced that they would amalgamate with UK firm Wragge Lawrence Graham & Co to create a new international law firm called Gowling WLG. The new firm launched in February 2016. History Gowlings' originated with the firm Henderson & McVeity, which was founded in Ottawa in 1887. Its name passed through numerous permutations, but included references to the lawyers Gordon Gowling, George and Gordon Henderson. In the 1980s, the firm expanded beyond its traditional Ottawa base, establishing offices in Toronto, Kitchener, and Moscow. Starting in the mid-1990s, Gowlings created a national platform through a succession of mergers with other law firms in Vancouver, Hamilton, Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McCarthy Tétrault
McCarthy Tétrault LLP is a leading Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City, London (UK), as well as New York City. McCarthy Tétrault LLP is a Seven Sisters (law firms). Among the Seven Sisters, the reigning top players are McCarthy Tetrault LLP, Stikeman Elliott LLP, Osler Hoskin & Harcourt LLP and Blake Cassels & Graydon LLP. McCarthy Tétrault is the only law firm listed in the Report on Business Top 25 Best B2B Brands by ''The Globe and Mail'' in 2021, and it has the second strongest law firm brand in Canada according to ''Thomson Reuters’'' Regional Law Firm Brand Indexes 2021. The firm represents Canadian and international clients, including major public institutions, financial services organizations, mining companies, manufacturers, pharmaceutical companies and other corporations. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Wigglesworth
''R v Wigglesworth'', 9872 S.C.R. 541 is a leading Supreme Court of Canada decision on the constitutional right against double jeopardy under Section 11(h) of the '' Canadian Charter of Rights and Freedoms''. The Court gave a two-part test to determine whether a proceeding deals with a criminal matter. Background Roger Wigglesworth was a Royal Canadian Mounted Police (RCMP) officer who committed an assault and was charged with assault under the ''Royal Canadian Mounted Police Act''. He was initially convicted of a "major service offence" under the Act by a disciplinary board and ordered to pay a fine of $300. Subsequently, he was also charged with common assault under the ''Criminal Code''. He argued that he could not be charged on the grounds that it would constitute double jeopardy in violation of Section 11(h) of the ''Charter''. Opinion of the Court Justice Wilson Wilson may refer to: People * Wilson (name) ** List of people with given name Wilson ** List of people wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ab Initio
''Ab initio'' ( ) is a Latin term meaning "from the beginning" and is derived from the Latin ''ab'' ("from") + ''initio'', ablative singular of ''initium'' ("beginning"). Etymology Circa 1600, from Latin, literally "from the beginning", from ablative case of ''initium'' "entrance", "beginning", related to verb ''inire'' "to go into", "enter upon", "begin". Uses ''Ab initio'' (abbreviation: ''ab init.'') is used in several contexts, including the following: Law In law, ''ab initio'' refers to something being the case from the start or from the instant of the act rather than from when the court declared it so. For instance, the term "void ''ab initio''" means "to be treated as invalid from the outset." E.g., in many jurisdictions, if a person signs a contract under duress, that contract is treated as being "void ''ab initio''". Typically, documents or acts which are void ''ab initio'' cannot be fixed and if a jurisdiction, a document, or an act is so declared at law to be void ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Sopinka
John Sopinka, (March 19, 1933 – November 24, 1997) was a Canadian lawyer and puisne justice on the Supreme Court of Canada, the first Ukrainian-Canadian appointed to the high court. Early life and education Sopinka was born in Broderick, Saskatchewan and lived there until his Ukrainian Canadian family moved to Hamilton, Ontario. He completed secondary school at Saltfleet High School in Stoney Creek. He earned Bachelor of Arts and Bachelor of Laws degrees at the University of Toronto where he was a member of the Toronto chapter of the Beta Theta Pi fraternity. While studying law, he also played professional football. He was drafted in the sixth round of the 1955 CFL draft. He played with the Toronto Argonauts (1955 to 1957, 29 games) and then the Montreal Alouettes (1957, 8 games) of the Canadian Football League. Career He was called to the bar of Ontario in 1960 and practiced law at Fasken & Calven before becoming a senior partner at Stikeman Elliott. He was desig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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