R. V. Gruenke
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R. V. Gruenke
''R v Gruenke'' 9913 S.C.R. 263 is a leading Supreme Court of Canada decision on privilege. The court developed a case-by-case test for determining if a communication is privileged. Prior to the test, only communications that fell into one of narrow set of privilege classes could gain protection from being submitted in a court of law. Background Adele Rosemary Gruenke was a 22-year-old reflexologist (a type of therapy similar to acupressure). Philip Barnett, an 82-year-old friend and client of Gruenke, had loaned her a significant amount of money including money to start a reflexology clinic. They lived together for a time in a platonic relationship – he had even put her in his will – until he began to make advances to her, at which point she moved home with her mother. Barnett's advances became more aggressive, to the point where she and her boyfriend plotted to kill him. One night in November 1986, she met with Barnett in his car and a fight broke out. She and her ...
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Manitoba Court Of Appeal
The Manitoba Court of Appeal (french: Cour d'appel du Manitoba) is the court of appeal in, and the highest court of, the Canadian province of Manitoba. It hears criminal, civil, and family law cases, as well as appeals from various administrative boards and tribunals. Seated in Winnipeg, the Court is headed by the Chief Justice of Manitoba, and is composed of a total of 13 justices. At any given time, there may be one or more additional justices who sit as supernumerary justices. The Court hears appeals from the Provincial Court and the Manitoba Court of King's Bench, as well as certain administrative tribunals, including the Residential Tenancies Commission, the Municipal Board, and the Manitoba Labour Board, among others. Most cases are heard by a panel of three justices. A single justice presides over matters heard in "chambers", usually interlocutory matters or applications for leave to appeal. Proceedings before the court are governed by the Court of Appeal Rules. Judg ...
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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 ...
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Privilege (evidence)
In the law of evidence, a privilege is a rule of evidence that allows the holder of the privilege to refuse to disclose information or provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding. There are many such privileges recognised by the judicial system, some stemming from the common law and others from statute law. Each privilege has its own rules, which often vary between jurisdictions. Types One well known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. The rationale is that clients ought to be able to communicate freely with their lawyers, in order to facilitate the proper functioning of the legal system. Other common forms include privilege against com ...
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Reflexologist
Reflexology, also known as zone therapy, is an alternative medical practice involving the application of pressure to specific points on the feet, ears, and hands. This is done using thumb, finger, and hand massage techniques without the use of oil or lotion. It is based on a pseudoscientific system of zones and reflex areas that purportedly reflect an image of the body on the feet and hands, with the premise that such work on the feet and hands causes a physical change to the supposedly related areas of the body. There is no convincing scientific evidence that reflexology is effective for any medical condition. Definition In a Cochrane Collaboration review, reflexology is defined as follows: "Reflexology is gentle manipulation or pressing on certain parts of the foot to produce an effect elsewhere in the body." The Australian Government's Department of Health define reflexology as "a system of applying pressure, usually to the feet, which practitioners believe stimulates ...
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Acupressure
Acupressure is an alternative medicine technique often used in conjunction with acupuncture or reflexology. It is based on the concept of life energy, which flows through "meridians" in the body. In treatment, physical pressure is applied to acupuncture points, or ashi trigger points, with the aim of clearing blockages in these meridians. Pressure may be applied by hand, by elbow, or with various devices. Although some medical studies have suggested that acupressure may be effective at helping manage nausea and vomiting, insomnia, low back pain, migraines, and constipation, among other things, such studies have been found to have a high likelihood of bias. There is no reliable evidence for the effectiveness of acupressure. Background Acupressure therapy was prevalent in India. After the spread of Buddhism to China, the acupressure therapy was also integrated into common medical practice in China and it came to be known as acupuncture. Scholars note these similarities becau ...
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Antonio Lamer
Joseph Antonio Charles Lamer (July 8, 1933 – November 24, 2007) was a Canadian lawyer, jurist and the 16th Chief Justice of Canada. Career Lamer practised in partnership at the firm of Cutler, Lamer, Bellemare and Associates and was a full professor in the Faculty of Law, Université de Montréal, where he was also a lecturer in criminology. On December 19, 1969, at the age of 36, he was appointed to the Quebec Superior Court and to the Queen's Bench (Crown Side) of the province of Quebec. In 1978, he was elevated to the Quebec Court of Appeal and was appointed to the Supreme Court of Canada in 1980. Brian Mulroney named Lamer as Chief Justice on July 1, 1990. On January 7, 2000, Lamer took an unexpected early retirement after having served as chief justice for ten years. Several years after his death, former judges spoke about the situation surrounding his retirement. According to a 2011 article in ''The Globe and Mail'', in February 1999, a "delegation of three veteran ju ...
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John Henry Wigmore
John Henry Wigmore (1863–1943) was an American lawyer and legal scholar known for his expertise in the law of evidence and for his influential scholarship. Wigmore taught law at Keio University in Tokyo (1889–1892) before becoming the first full-time dean of Northwestern Law School (1901–1929). His scholarship is best remembered for his ''Treatise on the Anglo-American System of Evidence in Trials at Common Law'' (1904), often simply called ''Wigmore on Evidence,'' and a graphical analysis method known as a Wigmore chart. Personal life and education John Henry Wigmore was born in San Francisco on March 4, 1863. His parents were John and Harriet Joyner Wigmore. He was named after his father, a self-made lumberyard owner. He was the second-oldest child of thirteen. Wigmore attended Harvard University and earned the degrees AB in 1883 and AM in 1884. Following his undergraduate work, he returned to San Francisco briefly, but then moved back to Cambridge to attend Harva ...
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Freedom Of Religion In Canada
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference. Legal framework Constitutional rights The "Fundamental Freedoms" section of the Canadian Charter of Rights and Freedoms states: :2. Everyone has the following fundamental freedoms: ::(a) freedom of conscience and religion; ::(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; ::(c) freedom of peaceful assembly; and ::(d) freedom of association. Canadians are therefore free to have their own beliefs and opinions, are free to practise religion or refrain, and are free to establish media organizations with or without religious content. Canadian religious institutions generally benefit from charitable organization status, which allows supporters to benefit from tax credits or deductions for their financial contributions. According to the Charter's p ...
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Priest–penitent Privilege
The clergy–penitent privilege, clergy privilege, confessional privilege, priest–penitent privilege, pastor–penitent privilege, clergyman–communicant privilege, or ecclesiastical privilege, is a rule of evidence that forbids judicial inquiry into certain communications (spoken or otherwise) between clergy and members of their congregation. This rule recognises certain communication as privileged and not subject to otherwise obligatory disclosure; for example, this often applies to communications between lawyers and clients. In many jurisdictions certain communications between a member of the clergy of some or all religious faiths (e.g., a minister, priest, rabbi, imam) and a person consulting them in confidence are privileged in law. In particular, Catholics, Lutherans and Anglicans, among adherents of other Christian denominations, confess their sins to priests, who are unconditionally forbidden by Church canon law from making any disclosure, a position supported by the ...
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1991 In Canadian Case Law
File:1991 Events Collage.png, From left, clockwise: Boris Yeltsin, elected as Russia's first president, waves the new flag of Russia after the 1991 Soviet coup d'état attempt, orchestrated by Soviet hardliners; Mount Pinatubo erupts in the Philippines, making it the second-largest volcanic eruption of the 20th century; MTS Oceanos sinks off the coast of South Africa, but the crew notoriously abandons the vessel before the passengers are rescued; Dissolution of the Soviet Union: The Soviet flag is lowered from the Kremlin for the last time and replaced with the flag of the Russian Federation; The United States and soon-to-be dissolved Soviet Union sign the START I Treaty; A tropical cyclone strikes Bangladesh, killing nearly 140,000 people; Lauda Air Flight 004 crashes after one of its thrust reversers activates during the flight; A United States-led coalition initiates Operation Desert Storm to remove Iraq and Saddam Hussein from Kuwait, 300x300px, thumb rect 0 0 ...
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Canadian Evidence Case 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 ...
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Canadian Freedom Of Religion Case 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 e ...
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