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Miazga V. Kvello Estate
''Miazga v Kvello Estate''2009 SCC 51is a leading decision of the Supreme Court of Canada on how the tort of malicious prosecution applies to Crown attorneys and other public prosecutors. Specifically, the court held that there is no requirement for a public prosecutor to have a ''subjective'' belief that an accused person is actually guilty. Nor can there be a presumption of malice from a lack of reasonable and probable grounds. Background Criminal proceedings In 1991, Matthew Miazga, a Crown prosecutor in Saskatchewan was asked to give pre-charge advice to police officers investigating a case of child abuse. Specifically, three siblings were making serious and bizarre claims of sexual abuse against their biological parents, their mother's boyfriend, their foster parents, Anita and Dale Klassen, and members of the Klassens' extended family. Eventually, the Klassens and their family were charged with approximately 70 counts of sexual assault. Miazga remained assigned as the trial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Saskatchewan
The Court of Appeal for Saskatchewan (SKCA) is a Canadian appellate court. Jurisdiction and structure The Saskatchewan Court of Appeal is the highest court in the province of Saskatchewan, Canada. There are 8 official judicial positions, including the Chief Justice, who make up the Court of Appeal. At any given time there may be one or more additional justice siting as supernumerary justices. The Court is governed by ''The Court of Appeal Act, 2000'', which sets out the composition and jurisdiction of the Court. It hears appeals from the Court of King's Bench for Saskatchewan, the Provincial Court of Saskatchewan and a number of administrative tribunals. The Court is based in Regina, Saskatchewan and consists of the Chief Justice - styled the "Chief Justice of Saskatchewan". Justices of the Saskatchewan Court of Appeal are appointed and paid by the federal government. Most cases are heard by a panel of three justices, however, the Court sits with panels of five or seven from ... [...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] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malicious Prosecution
Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings. Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an abuse of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Attorney
Crown attorneys or crown counsel (or, in Alberta and New Brunswick, crown prosecutors) are the prosecutors in the legal system of Canada. Crown attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code and various other statutes. Criminal prosecutions pursuant to federal statutes other than the Criminal Code, such as the '' Controlled Drugs and Substances Act'', the '' Income Tax Act'', and others, are generally (but not exclusively) conducted by the Public Prosecution Service of Canada, which also handles most narcotic case outside of Quebec and New Brunswick. There are similarities between this role and the procurator fiscal in Scotland, crown prosecutor in England and Wales and United States Attorney or district attorney in the United States. Crown attorneys are not elected. They are civil servants and may be removed from their positions pursuant to their employment agreements. Although the enactment of criminal law is under federa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Saskatchewan
Saskatchewan ( ; ) is a Provinces and territories of Canada, province in Western Canada, western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on the south by the United States, U.S. states of Montana and North Dakota. Saskatchewan and Alberta are the only landlocked provinces of Canada. In 2022, Saskatchewan's population was estimated at 1,205,119. Nearly 10% of Saskatchewan’s total area of is fresh water, mostly rivers, reservoirs and List of lakes in Saskatchewan, lakes. Residents primarily live in the southern prairie half of the province, while the northern half is mostly forested and sparsely populated. Roughly half live in the province's largest city Saskatoon or the provincial capital Regina, Saskatchewan, Regina. Other notable cities include Prince Albert, Saskatchewan, Prince Albert, Moose Jaw, Yorkton, Swift Current, North Battleford, Melfort, Saskatchewan, Melfort, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plea Bargain
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the legal system of the United States, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry a custodial sentence. In cases such as an automobil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stay Of Proceedings
Stay may refer to: Places * Stay, Kentucky, an unincorporated community in the US Law * Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment * Stay of proceedings, a ruling halting further legal process in a trial Structures and mechanics * Stay, in a cable-stayed bridge * Stay, bone (corsetry), one of the rigid parts of a corset ** Stays, or corset, a garment worn to mold and shape the torso; See History of corsets * Stays (nautical), heavy ropes, wires, or rods that connect the masts of a sailing vessel to the hull * Boiler stay, an internal structural element of a boiler * Chain stay and seat stay, parts of a bicycle frame * Collar stay, a small rigid piece used to maintain the point of a shirt collar * Guy-wire, or stay, a metal cable used to support a tall structure, such as a radio mast * Stay cable, used to hold up a weight Arts, entertainment, and media Films * ''Stay'' (2005 film), a 2005 psychological thriller directed by Marc Fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Saskatchewan Court Of Appeal
The Court of Appeal for Saskatchewan (SKCA) is a Canadian appellate court. Jurisdiction and structure The Saskatchewan Court of Appeal is the highest court in the province of Saskatchewan, Canada. There are 8 official judicial positions, including the Chief Justice, who make up the Court of Appeal. At any given time there may be one or more additional justice siting as supernumerary justices. The Court is governed by ''The Court of Appeal Act, 2000'', which sets out the composition and jurisdiction of the Court. It hears appeals from the Court of King's Bench for Saskatchewan, the Provincial Court of Saskatchewan and a number of administrative tribunals. The Court is based in Regina, Saskatchewan and consists of the Chief Justice - styled the "Chief Justice of Saskatchewan". Justices of the Saskatchewan Court of Appeal are appointed and paid by the federal government. Most cases are heard by a panel of three justices, however, the Court sits with panels of five or seven from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Queen's Bench For Saskatchewan
The Court of King's Bench for Saskatchewan (Court of Queen's Bench for Saskatchewan during the reign of female monarchs) is the superior trial court for the Canadian province of Saskatchewan. Structure and organization The Court consists of 29 full-time judges and 10 supernumerary judges, all appointed and paid by the federal government. The court's Chief Justice, currently the Honourable Martel D. Popescul, is styled the Chief Justice of the King's Bench. Both the Chief Justice and puisne justices are addressed as "My Lord" or "My Lady" and referred to as "His Lordship" or "Her Ladyship". This differs from the terminology used in the Provincial Court of Saskatchewan, whose judges are "Your Honour", "His Honour" or "Her Honour". The Court sits in nine judicial centres and actions are generally brought in the judicial centre closest to where the action arose, or the residence or place of business of the defendant. Jurisdiction The Court hears civil and criminal law cases. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louise Charron
Louise Charron, (born March 2, 1951) is a Canadian jurist. She was appointed to the Supreme Court of Canada in October, 2004, and is the first native-born Franco-Ontarian Supreme Court judge. (This distinction has sometimes been attributed to Louise Arbour, but Arbour was born and raised Québécoise.) Born in Sturgeon Falls, Ontario, Charron received a Bachelor of Arts degree from Carleton University in 1972, her Bachelor of Law degree from the University of Ottawa in 1975, and was called to the Bar of Ontario in 1977. She practiced civil litigation before joining the Crown Attorney's office in 1980. She then became a law professor at the University of Ottawa. She was appointed to the District Court of Ontario in 1988 and to the Court of Appeal for Ontario in 1995. Though she was eligible to sit on the bench until 2026, her retirement was announced in May 2011, and became effective August 30, 2011. She was appointed a Companion of the Order of Canada on December 30, 2012. S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
