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R. V. Park
''R v Park'' 9952 S.C.R. 836, is a Supreme Court of Canada case dealing with the mistaken belief defence – i.e. that the accused had an honest but mistaken belief that he had consent to engage in sexual relations with the complainant – and the role of the Canadian Charter of Rights and Freedoms in relation to sexual assault Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which .... Facts The accused was charged with sexual assault. Two weeks before the incident, the complainant and the accused had dated for the first time. Park testified that at her apartment they became intimate; fondled one another's private parts and talked of sex and birth control; she masturbated him to ejaculation. She maintains that they only kissed and talked of birth control. She stated she was a born agai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Alberta
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] |
Defence (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which includes child sexual abuse, groping, rape (forced vaginal, anal, or oral penetration or a drug facilitated sexual assault), or the torture of the person in a sexual manner. Definition Generally, sexual assault is defined as unwanted sexual contact. The National Center for Victims of Crime states: In the United States, the definition of sexual assault varies widely among the individual states. However, in most states sexual assault occurs when there is lack of consent from one of the individuals involved. Consent must take place between two adults who are not incapacitated and consent may change, by being withdrawn, at any time during the sexual act. Types Child sexual abuse Child sexual abuse is a form of child abuse in wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Born Again Christian
Born again, or to experience the new birth, is a phrase, particularly in evangelicalism, that refers to a "spiritual rebirth", or a regeneration of the human spirit. In contrast to one's physical birth, being "born again" is distinctly and separately caused by baptism in the Holy Spirit, it is not caused by baptism in water. It is a core doctrine of the denominations of the Anabaptist, Moravian, Methodist, Quaker, Baptist, Plymouth Brethren and Pentecostal Churches along with all other evangelical Christian denominations. All of these Churches strongly believe Jesus's words in the Gospels: "You must be born again before you can see, or enter, the Kingdom of Heaven." Their doctrines also mandate that to be both "born again" and "saved", one must have a personal and intimate relationship with Jesus Christ. The term ''born again'' has its origin in the New Testament. In his first epistle, Apostle Peter describes the new birth as taking place from the seed which is the Word of God ... [...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] |
1995 In Canadian Case Law
File:1995 Events Collage V2.png, From left, clockwise: O.J. Simpson is O. J. Simpson murder case, acquitted of the murders of Nicole Brown Simpson and Ronald Goldman from the 1994, year prior in "The Trial of the Century" in the United States; The Great Hanshin earthquake strikes Kobe, Japan, killing 5,000-6,000 people; The Unabomber Manifesto is published in several U.S. newspapers; Gravestone, Gravestones mark the victims of the Srebrenica massacre near the end of the Bosnian War; Windows 95 is launched by Microsoft for Personal computer, PC; The first exoplanet, 51 Pegasi b, is discovered; Space Shuttle Atlantis docks with the Space station Mir in a display of U.S.-Russian cooperation; The Alfred P. Murrah Federal Building in Oklahoma City is Oklahoma City bombing, bombed by Domestic terrorism in the United States, domestic terrorists, killing 168., 300x300px, thumb rect 0 0 200 200 O. J. Simpson murder case rect 200 0 400 200 Great Hanshin earthquake, Kobe earthquake rect 400 0 6 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
