R V Boucher
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R V Boucher
''R v Boucher'' is a Supreme Court of Canada decision where the Court overturned a conviction for seditious libel on the grounds that criticizing the government was a valid form of protest. Background Aimé Boucher was a farmer in Beauce, Quebec, and a practising Jehovah's Witness. In 1946, he was arrested while distributing pamphlets entitled "Québec's Burning Hate for God and Christ and Freedom Is the Shame of all Canada." The pamphlets criticized the Québec government suppression of the Witnesses and the courts for doing nothing to prevent it. Boucher was charged for seditious libel — for endeavouring to promote public disorder — under section 133(2) of the Criminal Code. At trial, the jury found Boucher guilty, which was upheld on appeal.''Boucher v. The King''


Court Of Appeal For Quebec
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the amo ...
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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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Seditious Libel
Sedition and seditious libel were criminal offences under English common law, and are still criminal offences in Canada. Sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order: if the statement is in writing or some other permanent form it is seditious libel. Libel denotes a printed form of communication such as writing or drawing. American scholar Leonard W. Levy argues that seditious libel "has always been an accordion-like concept, expandable or contractible at the whim of judges". England, Wales and Northern Ireland Under the common law of England, Wales and Northern Ireland, a statement was seditious under the common law if it brought into "hatred or contempt" either the Queen or her heirs, the government and constitution, either House of Parliament, or the administration of justice; or if it incited people to attempt to change any matter of Church or state established by l ...
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Beauce, Quebec
Beauce (; ) is a List of Quebec regions#Historical and Traditional, historical and traditional region of Quebec located south of Quebec City. It corresponds approximately to the Regional county municipality, regional county municipalities of Beauce-Sartigan Regional County Municipality, Quebec, Beauce-Sartigan, Beauce-Centre Regional County Municipality, Beauce-Centre and La Nouvelle-Beauce Regional County Municipality, Quebec, La Nouvelle-Beauce, and its major communities are Saint-Georges, Quebec, Saint-Georges, Sainte-Marie, Quebec, Sainte-Marie, Beauceville, Quebec, Beauceville, Saint-Joseph-de-Beauce, Quebec, Saint-Joseph-de-Beauce and Saint-Victor, Quebec, Saint-Victor. Name The first record of the name goes back to 1739. "Nouvelle Beauce" (New Beauce) designated the ''Seigneurial system of New France, seigneuries'' granted earlier along the Chaudière River and which would later become the current cities of Sainte-Marie, Saint-Joseph-de-Beauce, Beauceville, and Saint-Georges ...
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Jehovah's Witness
Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The group reports a worldwide membership of approximately 8.7 million adherents involved in evangelism and an annual Memorial attendance of over 21 million. Jehovah's Witnesses are directed by the Governing Body of Jehovah's Witnesses, a group of elders in Warwick, New York, United States, which establishes all doctrines based on its interpretations of the Bible. They believe that the destruction of the present world system at Armageddon is imminent, and that the establishment of God's kingdom over the earth is the only solution for all problems faced by humanity. The group emerged from the Bible Student movement founded in the late 1870s by Charles Taze Russell, who also co-founded Zion's Watch Tower Tract Society in 1881 to organize and print the movement's publications. A leadership dispute after Russell's death resulted ...
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Criminal Code (Canada)
The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the ''Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the ''Firearms Act'', the ''Controlled Drugs and Substances Act'', the ''Canada Evidence Act'', the ''Food and Drugs Act'', the ''Youth Criminal Justice Act'' and the ''Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be convic ...
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Lamb V Benoit
''Lamb v Benoit'', 959SCR 321 was a legal case that was heard by the Supreme Court of Canada. Lamb, a Jehovah's Witness, was arrested for distributing religious pamphlets in Verdun, Quebec, in 1946, along with three other members of the religion. She was accused by the plaintiff of distributing copies of ''Quebec's Burning Hate'', but the Supreme Court found no evidence of that specific pamphlet being distributed. Lamb was detained for a weekend without access to legal counsel. Local authorities offered to release Lamb if she would not hold them responsible for her detention, but she refused. She was then charged with conspiracy to publish sedition, but this was dismissed by a trial judge and that decision was upheld when appealed. Justice Abbott, a common law justice, concluded that the police officers had violated a Quebec statute through not acting in good faith. She was awarded $2,500 in damages. This was cited by Kent Roach, writing for the University of Toronto Law Journal, ...
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Canadian Freedom Of Expression 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 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 immigrants and their descendants. Following the initial period of French and then the much larger 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 identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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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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1951 In Canadian Case Law
Events January * January 4 – Korean War: Third Battle of Seoul – Chinese and North Korean forces capture Seoul for the second time (having lost the Second Battle of Seoul in September 1950). * January 9 – The Government of the United Kingdom announces abandonment of the Tanganyika groundnut scheme for the cultivation of peanuts in the Tanganyika Territory, with the writing off of £36.5M debt. * January 15 – In a court in West Germany, Ilse Koch, The "Witch of Buchenwald", wife of the commandant of the Buchenwald concentration camp, is sentenced to life imprisonment. * January 20 – Winter of Terror: Avalanches in the Alps kill 240 and bury 45,000 for a time, in Switzerland, Austria and Italy. * January 21 – Mount Lamington in Papua New Guinea 1951 eruption of Mount Lamington, erupts catastrophically, killing nearly 3,000 people and causing great devastation in Oro Province. * January 25 – Dutch author Anne de Vries releases the first volume of his children's nove ...
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