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R. V. Parks
''R v Parks'', 9922 S.C.R. 871 is a leading Supreme Court of Canada decision on the criminal automatism defence. On an early morning on May 24, 1987, Kenneth Parks drove 20 kilometres from Pickering, Ontario to the house of his in-laws in Scarborough, Ontario. He entered their house with a key they had previously given him and used a tire iron to bludgeon his mother-in-law to death. He then turned on his father-in-law, attempting unsuccessfully to choke him to death. Parks got back in his car and, despite being covered with blood, drove straight to a nearby police station and confessed, turning himself in, stating "I think I have just killed two people". At trial, Parks argued that he was automatistic and not criminally liable. In his defence, a doctor testified as to his mental state at the time of the murder. From the doctor's evidence, it was determined that the accused was sleepwalking at the time of the incident, and that he was suffering from a disorder of sleep rather than ...
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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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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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Automatism (law)
In criminal law, automatism is a rarely used criminal defence. It is one of the mental condition defences that relate to the mental state of the defendant. Automatism can be seen variously as lack of voluntariness, lack of culpability (unconsciousness) or excuse. Automatism means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act. For example, Esther Griggs in 1858 threw her child out of a first floor window believing that the house was on fire, while having a sleep terror. In 2002, Peter Buck, lead guitarist of the band R.E.M., was cleared of several charges, including assault, which resulted from automatism brought on by a bad interaction between alcohol and sleeping pills. In a 2009 case in Aberporth in west Wales, Brian Thomas strangled his wife in their camper van, also during a sleep terror, when he mistook his wife for an intruder. The defence of automatism is denying that the person was acting ...
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Pickering, Ontario
Pickering (2021 population 99,186) is a city located in Southern Ontario, Canada, immediately east of Toronto in Durham Region. Beginning in the 1770s, the area was settled by primarily ethnic British colonists. An increase in population occurred after the American Revolutionary War, when the Crown resettled Loyalists and encouraged new immigration. Many of the smaller rural communities have been preserved and function as provincially significant historic sites and museums. The city also includes the development of Durham Live, a multi-billion-dollar casino complex. History Early period The present-day Pickering was Aboriginal territory for thousands of years. The Wyandot (called the Huron by Europeans), who spoke an Iroquoian language, were the historical people living here in the 15th century. Archeological remains of a large village have been found here, known as the Draper Site. Later, the Wyandot moved northwest to Georgian Bay, where they established their historic homela ...
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Scarborough, Ontario
Scarborough (; 2021 Census 629,941) is a district of Toronto, Ontario, Canada. It is situated atop the Scarborough Bluffs in the eastern part of the city. Its borders are Victoria Park Avenue to the west, Steeles Avenue to the north, Rouge River and the city of Pickering to the east, and Lake Ontario to the south. It borders Old Toronto, East York and North York in the west and the city of Markham in the north. Scarborough was named after the English town of Scarborough, North Yorkshire. Scarborough, which was settled by Europeans in the 1790s, has grown from a collection of small rural villages and farms to become fully urbanized with a diverse cultural community. Incorporated in 1850 as a township, Scarborough became part of Metropolitan Toronto in 1953 and was reconstituted as a borough in 1967. Scarborough rapidly developed as a suburb of Toronto over the next decade and became a city in 1983. In 1998, Scarborough and the rest of Metropolitan Toronto were amalgamated int ...
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Sleepwalking
Sleepwalking, also known as somnambulism or noctambulism, is a phenomenon of combined sleep and wakefulness. It is classified as a sleep disorder belonging to the parasomnia family. It occurs during slow wave stage of sleep, in a state of low consciousness, with performance of activities that are usually performed during a state of full consciousness. These activities can be as benign as talking, sitting up in bed, walking to a bathroom, consuming food, and cleaning, or as hazardous as cooking, driving a motor vehicle, violent gestures and grabbing at hallucinated objects.Swanson, Jenifer, ed. "Sleepwalking". ''Sleep Disorders Sourcebook''. MI: Omnigraphics, 1999. 249–254, 351–352. Although sleepwalking cases generally consist of simple, repeated behaviors, there are occasionally reports of people performing complex behaviors while asleep, although their legitimacy is often disputed. Sleepwalkers often have little or no memory of the incident, as their consciousness has ...
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Acquitted
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. Scotland Scots law has two acquittal verdicts: ''not guilty'' and ''not proven''. However a verdict of "not proven" does not give rise to the double jeopardy rule. England and Wales In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an ex ...
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Homicidal Sleepwalking
Sleepwalking, also known as somnambulism or noctambulism, is a phenomenon of combined sleep and wakefulness. It is classified as a sleep disorder belonging to the parasomnia family. It occurs during slow wave stage of sleep, in a state of low consciousness, with performance of activities that are usually performed during a state of full consciousness. These activities can be as benign as talking, sitting up in bed, walking to a bathroom, consuming food, and cleaning, or as hazardous as cooking, driving a motor vehicle, violent gestures and grabbing at hallucinated objects.Swanson, Jenifer, ed. "Sleepwalking". ''Sleep Disorders Sourcebook''. MI: Omnigraphics, 1999. 249–254, 351–352. Although sleepwalking cases generally consist of simple, repeated behaviors, there are occasionally reports of people performing complex behaviors while asleep, although their legitimacy is often disputed. Sleepwalkers often have little or no memory of the incident, as their consciousness has ...
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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 ...
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1992 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 ...
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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 ...
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