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R. V. Ewanchuk
''R v Ewanchuk'', 9991 SCR 330 is a leading Supreme Court of Canada case concerning the defence of consent to a charge of sexual assault. The Court held that there was no defence of implied consent. The case is also notable for the controversy that arose between Justice John McClung and Justice Claire L'Heureux-Dubé. Background Steve Ewanchuk brought a 17-year-old girl into his van for a job interview. After the interview, Ewanchuk invited the woman to his trailer in behind. He took her into his trailer and began to make a series of advances. Each time she would say "no" to his advance and he would stop but, after the passing of some time would then renew his sexual advances. She testified at trial that during her time in the trailer she was very afraid and that is why she did not take further action to stop the sexual conduct such as leaving or attempting to physically resist the man. Before she left, Ewanchuk paid her $100.00 so she could help pay for childcare. At trial, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alberta Court Of Appeal
The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Canadian appellate court. Jurisdiction and hierarchy within Canadian courts The court is the highest in Alberta, Canada. It hears appeals from the Alberta Court of King's Bench, the Provincial Court of Alberta, and administrative boards and tribunals, as well as references from the Lieutenant Governor in Council (essentially the Alberta Cabinet). Some administrative appeals may bypass the Court of King's Bench, commonly orders made by professional discipline boards under the ''Medical Profession Act'', the ''Legal Profession Act'', but also under the ''Energy Resources Conservation Act''. Appeals from the Court of Appeal lie with the Supreme Court of Canada, Canada's court of last resort. Other than certain criminal matters, appeals to the Supreme Court of Canada are heard only by leave of that court. Since the Supreme Court denies leave in most cases, the Court of Appeal is th ... [...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] |
Implied Consent
Implied consent is consent which is not expressly granted by a person, but rather implicitly granted by a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). For example, if a person is unconscious as a result of injuries sustained during a traffic collision, medical treatment may be provided to that person, despite the unconscious person being unable to expressly grant consent for that treatment. The term is most commonly encountered in the context of United States drunk driving laws. Driving while intoxicated All U.S. states have driver licensing laws which state that a licensed driver has given their implied consent to a certified breathalyzer or by a blood sample by their choice, or similar manner of determining blood alcohol concentration. Implied consent laws may result in punishment for those who refuse to cooperate with blood alcohol testing after an arrest for suspected impaired driving, in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John McClung (judge)
John Wesley "Buzz" McClung (July 15, 1935 – October 21, 2004) was a historian, lawyer, jurist, and a judge of the Alberta Court of Appeal. Early life McClung was born in Edmonton to John Wesley and Lillian Mae (née) Johnston, was grandson of women's rights activist Nellie McClung, and was left orphaned at the age of 13. He married his wife Eda (née) Matiisen October 26, 1973. He was a member of the United Church, a golfer with a reputation for a formidable short game, and a hunter, especially of waterfowl. "Buzz" was a nickname he carried with him throughout his life since high school. Career He earned his Bachelor of Arts degree in 1957 and his Bachelor of Laws degree in 1959, both from the University of Alberta. After being admitted to the Alberta Bar, he became known as one of Canada's top criminal defence lawyers and in the 1970s was ranked amongst the top 10 in Canada by ''Weekend Magazine''. He took silk and became Queen's Counsel in 1973, practicing with the firm o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claire L'Heureux-Dubé
Claire L'Heureux-Dubé (born September 7, 1927) is a retired Canadian judge who served as a puisne justice on the Supreme Court of Canada from 1987 to 2002. She was the first woman from Quebec and the second woman appointed to this position, after Bertha Wilson. Previously, she had been one of the first woman lawyers to handle divorce cases, and was the first woman appointed as a judge to the Quebec Superior Court and the Quebec Court of Appeal. During L'Heureux-Dubé's time on the country's top court, she earned a reputation as a steadfast feminist and supporter of minority rights. Because roughly 40 percent of the 254 judgements that she wrote were dissents, she became known as the court's "great dissenter". Early life and career L'Heureux-Dubé was born Claire L'Heureux in Quebec City in 1927. She was one of four girls raised by a mother who spent fifty years as a quadriplegic as a result of multiple sclerosis which developed when L'Heureux-Dubé was only nine. L'Heureux-D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crinoline
A crinoline is a stiff or structured petticoat designed to hold out a woman's skirt, popular at various times since the mid-19th century. Originally, crinoline described a stiff fabric made of horsehair ("crin") and cotton or linen which was used to make underskirts and as a dress lining. The term crin or crinoline continues to be applied to a nylon stiffening tape used for interfacing and lining hemlines in the 21st century. By the 1850s the term crinoline was more usually applied to the fashionable silhouette provided by horsehair petticoats, and to the hoop skirts that replaced them in the mid-1850s. In form and function these hoop skirts were similar to the 16th- and 17th-century farthingale and to 18th-century panniers, in that they too enabled skirts to spread even wider and more fully. The steel-hooped cage crinoline, first patented in April 1856 by R.C. Milliet in Paris, and by their agent in Britain a few months later, became extremely popular. Steel cage crinoline ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Post
The ''National Post'' is a Canadian English-language broadsheet newspaper available in several cities in central and western Canada. The paper is the flagship publication of Postmedia Network and is published Mondays through Saturdays, with Monday released as a digital e-edition only.National Post to eliminate Monday print edition , June 19, 2017. Retrieved June 28, 2017 The newspaper is distributed in the provinces of , |
List Of Supreme Court Of Canada Cases (Lamer Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada to his retirement. 19901994 19951999 See also * 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 (1990-2000) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V JA
''R v JA'' is a criminal law decision of the Supreme Court of Canada regarding consent in cases of sexual assaults. The court found that a person can only consent to sexual activity if they are conscious throughout that activity. If a person becomes unconscious during the sexual activity, then they legally cannot consent, whether or not they consented earlier. In addition to the two parties (J.A. and the Attorney General of Ontario), the Court heard from two interveners: the Attorney General of Canada and the Women's Legal Education and Action Fund (LEAF). Background Alleged offence On May 27, 2007, J.A. and his long-term partner, K.D., began having consensual sexual activity together. During the sexual activity, K.D. consented for J.A. to choke her as part of the sexual activity. K.D. lost consciousness for about three minutes, and she understood this might happen when she consented to being choked. While K.D. was unconscious, J.A. tied K.D. up and performed addition ... [...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] |
1999 In Canadian Case Law
File:1999 Events Collage.png, From left, clockwise: The Death and state funeral of King Hussein, funeral procession of King Hussein of Jordan in Amman; the 1999 İzmit earthquake kills over 17,000 people in Turkey; the Columbine High School massacre, one of the first major List of school shootings in the United States by death toll, school shootings in the United States; the Year 2000 problem ("Y2K"), perceived as a major concern in the lead-up to the year 2000; the Millennium Dome opens in London; online music downloading platform Napster is launched, soon a source of Online piracy, online piracy; NASA loses both the Mars Climate Orbiter and the Mars Polar Lander; a destroyed t-55, T-55 tank near Prizren during the Kosovo War., 300x300px, thumb rect 0 0 200 200 Death and state funeral of King Hussein rect 200 0 400 200 1999 İzmit earthquake rect 400 0 600 200 Columbine High School massacre rect 0 200 300 400 Kosovo War rect 300 200 600 400 Year 2000 problem rect 0 400 200 600 Mars ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rape In Canada
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term ''rape'' is sometimes used interchangeably with the term ''sexual assault.'' The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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