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R. V. Lavallee
''R v Lavallee'', 9901 S.C.R. 852 is a leading Supreme Court of Canada case on the legal recognition of battered woman syndrome. The judgment, written by Justice Bertha Wilson, is generally considered one of her most famous. The court held in favour of allowing battered woman syndrome to explain how the mental conditions for self-defence were present in this case, and Lavallee's acquittal was restored. Background Angelique Lynn Lavallee was in an abusive common law relationship with Kevin Rust. During a particularly serious fight Rust threatened to harm her, saying "either you kill me or I'll get you". During the altercation Rust slapped her, pushed her and hit her twice on the head. At some point during the altercation he handed Lavallee a gun, which she first fired through a window screen. Lavallee first contemplated shooting herself, however when Rust turned around to leave the room she shot him in the back of the head. At trial, Lavallee argued self-defence, and had a psychiatri ... [...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] |
Battered Woman Defence
Battered woman syndrome (BWS) is a pattern of signs and symptoms displayed by a woman who has suffered persistent intimate partner violence: whether psychological, physical, or sexual, from her male partner. It is classified in the ICD-9 (code ) as battered person syndrome, but is not in the DSM-5. It may be diagnosed as a subcategory of post-traumatic stress disorder (PTSD). The condition is the basis for the battered woman legal defense that has been used in cases of physically and psychologically abused women who have killed their male partners. The condition was first researched extensively by Lenore E. Walker, who used Martin Seligman's learned helplessness theory to explain why women stayed in relationships with abusive men. Although the diagnosis has mainly centered on women, it has occasionally been applied to men when employing the term ''battered person syndrome'', especially as part of a legal defense. It is similar to an insanity plea and has been criticized by survi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bertha Wilson
Bertha Wernham Wilson (September 18, 1923April 28, 2007) was a Canadian jurist and the first female puisne justice of the Supreme Court of Canada. Before her ascension to Canada's highest court, she was the first female associate and partner at Osler, Hoskin & Harcourt and the first woman appointed to the Court of Appeal for Ontario. During her time at Osler, she created the first in-firm research department in the Canadian legal industry. Early life Wilson was born in Kirkcaldy, Scotland, on September 18, 1923. She was the daughter of Archibald Wernham and Christina Noble. Wilson received a Master of Arts degree in philosophy from the University of Aberdeen in 1944. In 1949, Bertha Wilson emigrated to Canada with her husband, Reverend John Wilson, a Presbyterian minister, whom she had married in 1945. The couple settled in Renfrew, Ontario, after John Wilson accepted a posting as a pastor. Three years later, in 1952, her husband became a naval chaplain during the Korean War, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-defence
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions. Physical Physical self-defense is the use of physical force to counter an immediate threat of violence. Such force can be either armed or unarmed. In either case, the chances of success depend on various parameters, related to the severity of the threat on one hand, but also on the mental and physical preparedness of the defender. Unarmed Many styles of martial arts are practiced for self-defense or include self-defense techniques. Some styles train primarily for self-defense, while other combat sports can be effectively applied for self-defense. Some martial arts train how to escape from a knife or gun situation or how to break away from a punch, while others train how to attack. To ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battered Woman Syndrome
Battered woman syndrome (BWS) is a pattern of signs and symptoms displayed by a woman who has suffered persistent intimate partner violence: whether psychological, physical, or sexual, from her male partner. It is classified in the ICD-9 (code ) as battered person syndrome, but is not in the DSM-5. It may be diagnosed as a subcategory of post-traumatic stress disorder (PTSD). The condition is the basis for the battered woman legal defense that has been used in cases of physically and psychologically abused women who have killed their male partners. The condition was first researched extensively by Lenore E. Walker, who used Martin Seligman's learned helplessness theory to explain why women stayed in relationships with abusive men. Although the diagnosis has mainly centered on women, it has occasionally been applied to men when employing the term ''battered person syndrome'', especially as part of a legal defense. It is similar to an insanity plea and has been criticized by survi ... [...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] |
1990 In Canadian Case Law
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 ''Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Criminal 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 Multiculturalism, 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 Immigration to Canada, immigrants and their descendants. Following the initial period of New France, French and then the much larger British colonization of the Americas, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
