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R. V. Asante-Mensah
''R v Asante-Mensah'', 0032 S.C.R. 3, 2003 SCC 38, is a leading Supreme Court of Canada decision where the Court affirmed the limits to which private citizens may undertake an arrest, as well as the limits of private individuals in the use of force to protect property. This case holds particular importance as the prevalence of private security has become increasingly popular across Canada. Background Daniel Asante-Mensah was a "scooper," a type of Toronto taxi driver that picks up fares from the Pearson International Airport without the proper permit authorized under the Ontario '' Trespass to Property Act''. He collected passengers from the airport and, on numerous occasions, received notice under section 3 of the Act that he was prohibited from entering onto airport property on penalty of trespass. To control the problem of "scoopers," the airport authorities instructed the airport inspectors to undertake citizen's arrest under section 9 of the Act. One of the inspectors attempt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ... [...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] |
Pearson International Airport
Lester B. Pearson International Airport , commonly known as Toronto Pearson International Airport, is an international airport located in Mississauga, Ontario, Canada. It is the main airport serving Toronto, its metropolitan area, and the surrounding region known as the Golden Horseshoe. The airport is named in honour of Lester B. Pearson, who served as the 14th Prime minister of Canada and received the Nobel Peace Prize in 1957. Toronto Pearson is located northwest of Downtown Toronto with the majority of the airport situated in Mississauga and a small portion of the airfield, along Silver Dart Drive north of Renforth Drive, extending into Toronto's western district of Etobicoke. It has five runways and two passenger terminals along with numerous cargo and maintenance facilities on a site that covers . It is the largest and busiest airport in Canada, handling 50.5 million passengers in 2019. As of 2019, it was the second-busiest international air passenger gateway in the A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass To Property Act Of Ontario
The ''Trespass to Property Act'' is a statute enacted by the Legislative Assembly of Ontario, Canada. It addresses illegal entry onto private property. The current Act was amended most recently in 2016. Under the Canadian constitution, criminal law is within the realm of federal authority and anyone violating this provincial statute is therefore subject to quasi-criminal (not full criminal) enforcement under the ''Provincial Offences Act''. The Act is an attempt to codify what was formerly a matter of common law. It is most often used by private-property owners to keep unwanted individuals off their property. There are many methods of notifying unwanted individuals that they have been banned (for future access), but the most common is a personal notice to the offender. In general under the Act, owners must give notice either orally or in writing except where fencing is applied around gardens or areas under cultivation, or the keeping of animals. Access to the door of a building o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Citizen's Arrest
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers. Despite the practice's name, in most countries, the arresting person is usually designated as a ''person'' with arrest powers, who need not be a ''citizen'' of the country in which they are acting. For example, in the British jurisdiction of England and Wales, the power comes from section 24A(2) of the Police and Criminal Evidence Act 1984, called "any person arrest". This legislation states "any person" has these powers, and does not state that they need to be a British citizen. Legal and political aspects Anyone who makes a citizen's arrest can find themselves facing possible lawsuits or criminal charges (e.g. charges of false imprisonment, unlawful restraint, kidna ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Seven Of The Canadian Charter Of Rights And Freedoms
Section 7 of the ''Canadian Charter of Rights and Freedoms'' is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice. This ''Charter'' provision provides both substantive and procedural rights. It has broad application beyond merely protecting due process in administrative proceedings and in the adjudicative context, and has in certain circumstances touched upon major national policy issues such as entitlement to social assistance and public health care. As such, it has proven to be a controversial provision in the ''Charter''. Text Under the heading of "Legal Rights", the section states: Application The wording of section 7 says that it applies to "everyone". This inclu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Nine Of The Canadian Charter Of Rights And Freedoms
Section 9 of the ''Canadian Charter of Rights and Freedoms'', found under the "Legal rights" heading in the Charter, guarantees the right against arbitrary detainment and imprisonment. Section nine states: Interpretation Detainment within the meaning of both section nine and section ten is not invoked unless there is significant physical or psychological restraint. Detainment can be found to be arbitrary where there is "no express or implied criteria which govern its exercise." The Supreme Court of Canada has stated that "detention" refers to a suspension of an individual's liberty interest by a significant physical or psychological restraint. Psychological detention is established either where the individual has a legal obligation to comply with the restrictive request or demand, or a reasonable person would conclude by reason of the state conduct that he or she had no choice but to comply. In cases where there is no physical restraint or legal obligation, it may not be clea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 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] |
2003 In Canadian Case Law
3 (three) is a number, numeral and digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious or cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. The Indian digits spread to the Caliphate in the 9th ... [...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] |
Law Enforcement In Canada
Law enforcement in Canada is the responsibility of police services, special constabularies, and civil law enforcement agencies, which are operated by every level of government, some private and Crown corporations, and First Nations. In contrast to the United States or Mexico, and with the exception of the Unité permanente anticorruption (English: Permanent Anti-corruption Unit) in Quebec and the Organized Crime Agency of British Columbia, there are no organizations dedicated exclusively to the investigation of criminal activity in Canada. Criminal investigations are instead conducted by police services, which maintain specialized criminal investigation units in addition to their community safety and emergency response mandates. Canada's provinces are responsible for the development and maintenance of police forces and special constabularies, and every province except Newfoundland and Labrador downloads this responsibility to municipalities, which can establish their own po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
