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R V DB
''R v DB'', 2008 SCC 25 is a landmark decision of the Supreme Court of Canada on youth justice and sentencing. The Court held the provisions of the ''Youth Criminal Justice Act'' that required presumptive adult sentences for youth convicted of certain offences to be unconstitutional. Ruling that the presumption of diminished moral blameworthiness for young persons was a principle of fundamental justice under section 7 of the ''Charter of Rights and Freedoms'' and that the impugned provisions unconstitutionally deprived them of their liberty by presuming their moral blameworthiness to be equivalent to adults. Background Section 7 Section 7 of the Charter states:Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.The section prohibits deprivations of life, liberty, and the security of a person unless done so in accordance with the principles of fundamental j ... [...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] |
Youth Criminal Justice Act
The ''Youth Criminal Justice Act'' (YCJA; french: Loi sur le système de justice pénale pour les adolescents) (the ''Act'') is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offences. The ''Act'' replaced the ''Young Offenders Act'', which itself was a replacement for the ''Juvenile Delinquents Act''. Definition of youth The ''Act'' governs the application of criminal and correctional law to those 12 years old or older, but younger than 18 at the time of committing the offence (Section 2 of the YCJA). Youth aged 14 to 17 may be sentenced as adults under certain conditions, as described later on in the ''Act''. The Criminal Code, section 13, states "No person shall be convicted of an offence in respect of an act or omission on their part while that person was under the age of twelve years." Preamble The preamble of the ''Act'' recognizes that youth have rights protected by the Canadian Charter of Rights and Freedom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 7 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 include ... [...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] |
Rosalie Abella
Rosalie Silberman Abella (born July 1, 1946) is a Canadian jurist. In 2004, Abella was appointed to the Supreme Court of Canada, becoming the first Jewish woman and refugee to sit on the Canadian Supreme Court bench. She retired from the federal bench in 2021. Early life and education Rosalie Silberman Abella was born on July 1, 1946, the daughter of Jacob and Fanny (Krongold) Silberman. She was born in a displaced persons camp in Stuttgart, Germany. Her father was born in Sienno, Poland, in 1910, while her mother was born in Ostrowiec in 1917. Abella's older sister was murdered in the Holocaust. Her parents both survived, Jacob Silberman was liberated from Theresienstadt Concentration Camp, Fanny Silberman survived Buchenwald Concentration Camp. Jacob had studied law at the Jagiellonian University in Cracow and was appointed head of legal services for displaced persons in the US Zone of Southwest Germany. In 1950, her family was admitted into Canada, though Jacob Silberma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Juvenile Delinquents Act
The ''Juvenile Delinquents Act'' (french: Loi sur les jeunes délinquants), SC 1908, c 40 was a law passed by the Parliament of Canada to improve its handling of juvenile crime. The act established procedures for the handling of juvenile offenses, including the government assuming control of juvenile offenders. It was revised in 1929 and superseded in 1984 by the ''Young Offenders Act''. Historical background Before Confederation Under English common law, there were complex distinctions concerning age, criminal intent and the type of crime involved that determined whether an infant (i.e., one under the age of twenty-five) could be convicted. For common misdemeanors, particularly in cases of omission, punishment was not given to those under the age of twenty-one, except where there was a notorious breach of the peace, in which case those aged fourteen years or more could be convicted. For capital crimes, since the time of Henry III, those under the age of seven could not be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Young Offenders Act
The ''Young Offenders Act'' (YOA; french: Loi sur les jeunes contrevenants) (the ''Act'') was an act of the Parliament of Canada, granted Royal Assent in 1982 and proclaimed in force on April 2, 1984, that regulated the criminal prosecution of Canadian youths. The act was repealed in 2003 with the passing of the ''Youth Criminal Justice Act''. The ''Act'' established the national age of criminal responsibility at 12 years old, and said that youths can be prosecuted only if they break a law of the ''Criminal Code'' (previously, youths could be prosecuted or punished solely on the grounds that it was in the youth's best interests). The ''Act'' also indicated that the rights established in the ''Canadian Charter of Rights and Freedoms'' apply to youths as well. Controversy dogged the act for many years. Many felt that the ''Acts limit on a three-year detention sentence for youths was overly lax, and allowed youths to get unreasonably light sentences for murder or sexual assault. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention On The Rights Of The Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation. Nations that have ratified this convention or have acceded to it are bound by international law. When a state has signed the treaty but not ratified it, it is not yet bound by the treaty's provisions but is already obliged to not act contrary to its purpose. The UN Committee on the Rights of the Child, composed of 18 independent experts, is responsible for supervising the implementation of the Convention by the states that have ratified it. Their governments are required to report to and appear before the UN Committee on the Rights of the Child periodically to be examined on their progress regard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Seven Charter Case Law
Section, Sectioning or Sectioned may refer to: Arts, entertainment and media * Section (music), a complete, but not independent, musical idea * Section (typography), a subdivision, especially of a chapter, in books and documents ** Section sign (§), typographical characters * Section (bookbinding), a group of sheets, folded in the middle, bound into the binding together * The Section (band), a 1970s American instrumental rock band * ''The Outpost'' (1995 film), also known as ''The Section'' * Section, an instrumental group within an orchestra * "Section", a song by 2 Chainz from the 2016 album ''ColleGrove'' * "Sectioning", a ''Peep Show'' episode * David "Section" Mason, a fictional character in '' Call of Duty: Black Ops II'' Organisations * Section (Alpine club) * Section (military unit) * Section (Scouting) Science, technology and mathematics Science * Section (archaeology), a view in part of the archaeological sequence showing it in the vertical plane * Section (bi ... [...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] |
2008 In Canadian Case Law
8 (eight) is the natural number following 7 and preceding 9. In mathematics 8 is: * a composite number, its proper divisors being , , and . It is twice 4 or four times 2. * a power of two, being 2 (two cubed), and is the first number of the form , being an integer greater than 1. * the first number which is neither prime nor semiprime. * the base of the octal number system, which is mostly used with computers. In octal, one digit represents three bits. In modern computers, a byte is a grouping of eight bits, also called an octet. * a Fibonacci number, being plus . The next Fibonacci number is . 8 is the only positive Fibonacci number, aside from 1, that is a perfect cube. * the only nonzero perfect power that is one less than another perfect power, by Mihăilescu's Theorem. * the order of the smallest non-abelian group all of whose subgroups are normal. * the dimension of the octonions and is the highest possible dimension of a normed division algebra. * the first number ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
