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R. V. Tse
''R v Tse'', 2012 SCC 16 is a Supreme Court of Canada decision regarding the constitutionality of warrant-less wiretaps in emergency situations. The Court found that the emergency wiretap provisions found in section 184.4 of the '' Criminal Code'' infringe the search and seizure rights in section 8 of the ''Canadian Charter of Rights and Freedoms'', and cannot be justified as a reasonable limitation under section 1 of the ''Charter'' due to the lack of accountability measures. In addition to the two parties to the case (the Attorney General of British Columbia and the various defendants), the Court heard from the following interveners: the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Criminal Lawyers' Association (Ontario), the British Columbia Civil Liberties Association, and the Canadian Civil Liberties Association. The unanimous decision of the Court was the first Supreme Court of Canada decision written by Justices M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Columbia Court Of Appeal
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 supernumerary justices. All justices of the BCCA (including the position of C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael Moldaver
Michael Moldaver (born December 23, 1947) is a former Canadian judge. He was a puisne justice on the Supreme Court of Canada from his 2011 appointment by former Prime Minister Stephen Harper until his retirement in 2022. Before his elevation to the nation's top court, he served as a judge at the Ontario Superior Court of Justice and the Court of Appeal for Ontario for over 20 years. A former criminal lawyer, Moldaver is considered an expert in both Canadian criminal law and the ''Canadian Charter of Rights and Freedoms''. Early life and education Moldaver was born on December 23, 1947 in Peterborough, Ontario. He is the youngest of Irving Moldaver and Ruth Moldaver's three sons. Moldaver's father, Irving, was a Jewish Russian immigrant to Peterborough who worked as a scrap metal dealer; Ruth Moldaver's family ran a clothing store. Moldaver's maternal grandfather was also Peterborough's first rabbi. As his parents did not have the opportunity to receive a formal education, they ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2012 In Canadian Case Law
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest positive integer. It is also sometimes considered the first of the infinite sequence of natural numbers, followed by 2, although by other definitions 1 is the second natural number, following 0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally accepted until the mid-20th century. Additionally, 1 is the s ... [...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] |
R V Duarte
''R v Duarte'', 9901 SCR 30 is a leading case decided by the Supreme Court of Canada on the right to privacy under section 8 of the '' Canadian Charter of Rights and Freedoms'' ("''Charter''"). The Court held that a warrantless and surreptitious video recording of private communications violated section 8. Consent of only one party to a conversation is insufficient to be reasonable. Background Mario Duarte was under investigation by the police for drug-related offences. An undercover officer arranged a meeting with Duarte in a rented apartment room where the police had set up a video camera. He challenged the constitutionality of the provision allowing for the recording. The trial judge agreed. The Crown appealed. In a decision by Cory JA, the Court of Appeal for Ontario found that the video camera did not violate the reasonable expectation of privacy, as a camera was analogized to an extension of memory. Cory saw this as a "small step" beyond the use of human recall, and relied ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Francis Scarpaleggia
Francis Scarpaleggia (born June 6, 1957 in Montreal, Quebec) is a Canadian politician. He is a member of the Liberal Party of Canada and Member of Parliament for the riding of Lac-Saint-Louis, which encompasses the west of the island of Montreal, Quebec. Scarpaleggia was first elected to the House of Commons of Canada in the 2004 federal election, and was re-elected in 2006, 2008, 2011, 2015, 2019, and 2021. He is chair of the House of Commons Standing Committee on Environment and Sustainable Development and previously served on a variety of House of Commons committees; namely, the committees on Public Safety, Canadian Heritage, Transport, and Government Operations and Estimates. He was also chair of the House of Commons Special Committee on Electoral Reform, a committee created pursuant to a 2015 Liberal election platform commitment on electoral reform. From 2011 to 2021 he served as the chair of the National Liberal Caucus, an eventful period in Canadian politics that saw the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Françoise Boivin
Françoise Boivin (born June 11, 1960 in Hull, Quebec) is a Canadian politician, who represented the electoral district of Gatineau in the House of Commons of Canada until 2015. She first represented the district from 2004 to 2006 as a member of the Liberal Party, but was defeated in the 2006 election by Richard Nadeau of the Bloc Québécois. She subsequently left the Liberals and ran to reclaim her seat in the 2008 election as a New Democratic Party candidate, but was narrowly defeated by Nadeau. She was re-elected to Parliament as a New Democrat in the 2011 election. She was defeated in 2015. Studies, early career and community involvement Françoise Boivin has degrees in social sciences and civil law from the University of Ottawa. Boivin has been a member of the Quebec Bar since 1984. She began her legal career with Beaudry, Bertrand and subsequently co-founded the law firm Letellier & Associés. During this time, she also taught, and was in charge of the negotiat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rob Nicholson
Robert Douglas "Rob" Nicholson (born April 29, 1952) is a Canadian politician who represented the riding of Niagara Falls in the House of Commons of Canada from 2004 to 2019 as a member of the Conservative Party. Under Prime Minister Stephen Harper, he served as Minister of National Defence, Minister of Justice, Minister of Foreign Affairs, and Leader of the Government in the House of Commons. When the Harper Government ended, he was appointed Justice Critic in the Official Opposition shadow cabinet. Early life Nicholson was born in Niagara Falls, Ontario. He received a Bachelor of Arts degree from Queen's University and a law degree from the University of Windsor. Nicholson practised law before entering politics, and is a member of the Law Society of Ontario. Political career First terms in the House of Commons (1984–1993) Nicholson was first elected to federal parliament in the federal election of 1984 as a Progressive Conservative, defeating New Democrat Richar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Oakes
''R v Oakes'' 9861 SCR 103 is a case decided by the Supreme Court of Canada which established the famous ''Oakes'' test, an analysis of the limitations clause (section 1) of the ''Canadian Charter of Rights and Freedoms'' that allows reasonable limitations on rights and freedoms through legislation if the limitation is motivated by a "pressing and substantial objective" and can be "demonstrably justified in a free and democratic society."''R v Oakes'' 9861 SCR 103, 1986 CanLII 46 aparas 69–70 Background Oakes made a Charter challenge, claiming that the reverse onus created by the presumption of possession for purposes of trafficking violated the presumption of innocence guarantee under section 11(d) of the Charter. The issues before the Court were whether section 8 of the Narcotic Control Act violated section 11(d) of the Charter and whether any violation of section 11(d) could be upheld under section 1. Court's reasons The Court was unanimous in holding that the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law. The governor general, on behalf of the monarch, summons and appoints the 105 senators on the advice of the prime minister, while each of the 338 members of the House of Commons – called members of Parliament (MPs) – represents an electoral district, commonly referred to as a ''riding'', and are elected by Canadian voters residing in the riding. The governor general also summons and calls together the House of Commons, and may prorogue or dissolve Parliament, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Toronto Star
The ''Toronto Star'' is a Canadian English-language broadsheet daily newspaper. The newspaper is the country's largest daily newspaper by circulation. It is owned by Toronto Star Newspapers Limited, a subsidiary of Torstar Corporation and part of Torstar's Daily News Brands division. The newspaper's offices are located at One Yonge Street in the Harbourfront neighbourhood of Toronto. The newspaper was established in 1892 as the ''Evening Star'' and was later renamed the ''Toronto Daily Star'' in 1900, under Joseph E. Atkinson. Atkinson was a major influence in shaping the editorial stance of the paper, with the paper having reflected his values until his death in 1948. The paper was renamed the ''Toronto Star'' in 1971. The newspaper introduced a Sunday edition in 1973. History The ''Star'' was created in 1892 by striking ''Toronto News'' printers and writers, led by future mayor of Toronto and social reformer Horatio Clarence Hocken, who became the newspaper's founder, along ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Twenty-four Of The Canadian Charter Of Rights And Freedoms
Section 24 of the ''Canadian Charter of Rights and Freedoms'' provides for remedies available to those whose ''Charter'' rights are shown to be violated. Some scholars have argued that it was actually section 24 that ensured that the ''Charter'' would not have the primary flaw of the 1960 '' Canadian Bill of Rights''. Canadian judges would be reassured that they could indeed strike down statutes on the basis that they contradicted a bill of rights.Dyck, Rand. ''Canadian Politics: Critical Approaches.'' Third ed. (Scarborough, Ontario: Nelson Thomson Learning, 2000), p. 442. Text Under the heading "Enforcement," the section states: Remedies Subsection 24(1) must be distinguished from subsection 52(1) of the ''Constitution Act, 1982''. Whereas section 52 allows the courts to invalidate laws or parts of laws for breaches of the constitution (including the ''Charter''), section 24 has broader capabilities (hindered only by the "appropriate and just" requirement) and can only be in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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