Kosoian V Société De Transport De Montréal
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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 ...
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Court Of Appeal For Quebec
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the amo ...
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Section 10 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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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 # ...
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Canadian Civil Liberties Association
The Canadian Civil Liberties Association (CCLA; french: Association Canadienne des Libertés Civiles) is a nonprofit organization in Canada devoted to the defence of civil liberties and constitutional rights.Dominique ClementCase Study: Canadian Civil Liberties Association Page accessed Feb 13, 2016 History The CCLA was founded in 1964 in Toronto, prompted by the Ontario government's proposal of a bill that would have granted special powers to the police in the face of a rise in organized crime. Its predecessor was the Association for Civil Liberties (ACL), which at its foundation had been intended to address national issues, but had become focused primarily on issues in Ontario. The ACL was led by Irving Himel, and in response to the bill, he gathered human rights leaders in Toronto, including Pierre Berton, June Callwood, Bora Laskin, Mark MacGuigan, Harry Arthurs, and John Keiller MacKay, and they formed the CCLA with Mackay as its honorary president. In 1968, the CCLA won ...
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Global News
Global News is the news and current affairs division of the Canadian Global Television Network. The network is owned by Corus Entertainment, which oversees all of the network's national news programming as well as local news on its 21 owned-and-operated stations. Corus also operates several talk radio stations under the "Global News Radio" brand. The same division also operates a news website under the same brand. National programs Global's lineup of national news and current affairs programming is as follows: * '' The Morning Show'': Weekdays 9:00 a.m. ET/CT/MT/PT, 10:00 a.m. AT. Jeff McArthur and Carolyn MacKenzie host the Morning Show. * ''Global National'': Nightly 7:00 p.m. NT, 6:30 p.m. AT/ET, 5:30 p.m. CKWS/CHEX/CT/MT/PT, 6:00 p.m. Kelowna and Montreal. Global National is anchored by Dawna Friesen from Monday to Thursday and Farah Nasser from Friday to Sunday. * ''The West Block'': Sundays 10:00 a.m. PT/MT, 11:00 a.m. ET/CT, 12:00 ...
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Court Of Quebec
The Court of Quebec (french: Cour du Québec) is a court of first instance in the Province of Quebec, Canada. The court has jurisdiction over civil matters, criminal and penal matters as well as over youth matters The court sits in administrative matters as well, and in appeal, on cases provided for by the law. History In 1998, upon the creation of the Administrative Tribunal of Quebec, the Expropriation Division of the Court of Quebec was abolished. Then in 2002, the Labour Court was replaced by the Quebec Labour Relations Board (Commission des relations du travail). Created in 2016, thTribunal administratif du travail (the TAT)results from the merger of the Commission des lésions professionnelles and the Commission des relations du travail. From then on, only penal matters of original jurisdiction, arising from offences under the ''Labour Code'', came under the jurisdiction of the Court of Quebec's Criminal and Penal Division, and only the judges appointed by the chief judg ...
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Civil Code Of Quebec
The ''Civil Code of Quebec'' (CCQ, french: Code civil du Québec) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the ''Civil Code of Lower Canada'' (french: Code civil du Bas-Canada) enacted by the Legislative Assembly of the Province of Canada in 1865, which had been in force since August 1, 1866. Scope The Code's scope is summarized in its preliminary provision: The Civil Code is in essence a body of rules and regulations that, in all matters treated by or in the spirit or vein of its provisions, sets forth the ''jus commune'', or the law that applies to all of Quebec, either in express or implied terms. For the matters handled by the Code, it acts as the foundation of all other adjacent laws, although other laws may supplement the Code or make exceptions to it.'' As the cornerstone of Quebec's legal system, the Civil Code is frequently amended in order to keep in step with the demands of modern society. ...
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Physician
A physician (American English), medical practitioner (Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through the study, diagnosis, prognosis and treatment of disease, injury, and other physical and mental impairments. Physicians may focus their practice on certain disease categories, types of patients, and methods of treatment—known as specialities—or they may assume responsibility for the provision of continuing and comprehensive medical care to individuals, families, and communities—known as general practice. Medical practice properly requires both a detailed knowledge of the academic disciplines, such as anatomy and physiology, underlying diseases and their treatment—the ''science'' of medicine—and also a decent competence in its applied practice—the art or ''craft'' of medicine. Both the role of the physician and the meaning ...
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Montreal Metro
The Montreal Metro (french: Métro de Montréal) is a rubber-tired underground rapid transit system serving Greater Montreal, Quebec, Canada. The metro, operated by the Société de transport de Montréal (STM), was inaugurated on October 14, 1966, during the tenure of Mayor Jean Drapeau. It has expanded since its opening from 22 stations on two lines to 68 stations on four lines totalling in length, serving the north, east and centre of the Island of Montreal with connections to Longueuil, via the Yellow Line, and Laval, via the Orange Line. The Montreal Metro is Canada's second busiest rapid transit system and North America's fourth busiest rapid transit system, behind the New York City Subway, the Mexico City Metro and the Toronto subway, delivering an average of daily unlinked passenger trips per weekday as of . In , trips on the Metro were completed. According to the STM, the Metro system had transported over 7 billion passengers as of 2010. With the Metro and t ...
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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 ...
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Laval, Quebec
Laval (; ) is a city in Quebec, Canada. It is in the southwest of the province, north of Montreal. It is the largest suburb of Montreal, the third-largest city in the province after Montreal and Quebec City, and the thirteenth largest city in Canada with a population of 422,993 in 2016. Laval is geographically separated from the mainland to the north by the Rivière des Mille Îles, and from the Island of Montreal to the south by the Rivière des Prairies. Laval occupies all of Île Jésus as well as the Îles Laval. Laval forms its own administrative region in Quebec which constitutes the 13th region of the 17 administrative regions of Quebec as well as a territory equivalent to a regional county municipality (TE) and census division (CD) with geographical code 65. It also constitutes the judicial district of Laval. History The first European Settlers in Laval were Jesuits, who were granted a seigneury there in 1636. Agriculture first appeared in Laval in 1670. In 1675, Fr ...
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