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R V Khelawon
''R v Khelawon'', 2006 SCC 57 is a leading decision by the Supreme Court of Canada on the principled approach to hearsay evidence. Facts Ramnarine Khelawon was accused of aggravated assault, uttering a death threat, assault causing bodily harm, and assault with a weapon. The offences involved five residents of a nursing home, in which Khelawon worked as the manager. Four of the alleged victims died before trial from unrelated causes. The fifth was found incompetent to testify. Two of the deceased complainants, Mr. Skupien and Mr. Dinino, had given videotaped statements to police, concerning the alleged incidents. Since the declarants were deceased, the videotaped statements became hearsay, and the issue for the trial judge was whether or not the statements were reliable enough to be admitted. Courts below The trial judge, Grossi J, "...held that the hearsay statements from each of the complainants were sufficiently reliable to be admitted in evidence, based in large part on ... [...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] |
Hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible (the "hearsay evidence rule") unless an exception to the hearsay rule applies. For example, to prove that Tom was in town, a witness testifies, "Susan told me that Tom was in town." Because the witness's evidence relies on an out-of-court statement that Susan made, if Susan is unavailable for cross-examination, the answer is hearsay. A justification for the objection is that the person who made the statement is not in court and thus not available for cross-examination. Note, however, that if the matter at hand is not the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. For example, it would be acceptable to ask a witness what Susan told them about Tom in a defamati ... [...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] |
Marc Rosenberg (judge)
Marc Rosenberg (January 4, 1950 – August 27, 2015) was a Canadian lawyer and jurist who served as a justice of the Court of Appeal for Ontario from December 12, 1995 to March 5, 2014. Born in North York, Ontario, Rosenberg graduated from the University of Western Ontario in 1971, and earned an L.L.B. from Osgoode Hall Law School in 1974. He participated in a criminal law practice with Edward Greenspan until 1995, when he joined the Ministry of the Attorney General of Ontario as Assistant Deputy Attorney General, Public Law and Policy Division and Civil Law Division. Rosenberg was appointed to the Court of Appeal for Ontario in 1995 and authored over 2,500 judgements. During that time he was noted for significant contributes in international judicial education. He was diagnosed with brain cancer in 2014 and died in 2015. Legal positions Some of Justice Rosenberg's positions and academic contributions include: *The positive impact of the Charter of Rights and Freedoms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert P
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of ''Hrōþ, Hruod'' ( non, Hróðr) "fame, glory, honour, praise, renown" and ''berht'' "bright, light, shining"). It is the second most frequently used given name of ancient Germanic origin. It is also in use Robert (surname), as a surname. Another commonly used form of the name is Rupert (name), Rupert. After becoming widely used in Continental Europe it entered England in its Old French form ''Robert'', where an Old English cognate form (''Hrēodbēorht'', ''Hrodberht'', ''Hrēodbēorð'', ''Hrœdbœrð'', ''Hrœdberð'', ''Hrōðberχtŕ'') had existed before the Norman Conquest. The feminine version is Roberta (given name), Roberta. The Italian, Portuguese, and Spanish form is Roberto (given name), Roberto. Robert is also a common name in many Germanic languages, including English ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert A
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' ( non, Hróðr) "fame, glory, honour, praise, renown" and ''berht'' "bright, light, shining"). It is the second most frequently used given name of ancient Germanic origin. It is also in use as a surname. Another commonly used form of the name is Rupert. After becoming widely used in Continental Europe it entered England in its Old French form ''Robert'', where an Old English cognate form (''Hrēodbēorht'', ''Hrodberht'', ''Hrēodbēorð'', ''Hrœdbœrð'', ''Hrœdberð'', ''Hrōðberχtŕ'') had existed before the Norman Conquest. The feminine version is Roberta. The Italian, Portuguese, and Spanish form is Roberto. Robert is also a common name in many Germanic languages, including English, German, Dutch, Norwegian, Swedish, Scots, Danish, and Icelandic. It can be use ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louise Charron
Louise Charron, (born March 2, 1951) is a Canadian jurist. She was appointed to the Supreme Court of Canada in October, 2004, and is the first native-born Franco-Ontarian Supreme Court judge. (This distinction has sometimes been attributed to Louise Arbour, but Arbour was born and raised Québécoise.) Born in Sturgeon Falls, Ontario, Charron received a Bachelor of Arts degree from Carleton University in 1972, her Bachelor of Law degree from the University of Ottawa in 1975, and was called to the Bar of Ontario in 1977. She practiced civil litigation before joining the Crown Attorney's office in 1980. She then became a law professor at the University of Ottawa. She was appointed to the District Court of Ontario in 1988 and to the Court of Appeal for Ontario in 1995. Though she was eligible to sit on the bench until 2026, her retirement was announced in May 2011, and became effective August 30, 2011. She was appointed a Companion of the Order of Canada on December 30, 2012. S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Starr
''R v Starr'' 0002 SCR 144 is a leading Supreme Court of Canada decision that re-evaluated several principles of evidence. In particular, they held the "principled approach" hearsay evidence under ''R v Khan'' and ''R v Smith'' (1992) can be equally used to exclude otherwise admissible hearsay evidence. In addition, the Court examined the judge's charge to the jury on the standard of beyond a reasonable doubt. Background In August 1994, Bernard Cook and Darlene Weselowski were drinking with Robert Dennis Starr in a hotel near Winnipeg. In the late hours of the night Starr parted ways with Cook and Weselowski. Together, Cook and Weselowski were approached by Jodie Giesbrecht, a sometimes girlfriend of Cook. During an ensuing conversation Cook told Giesbrecht that he could not go with her that night because he had to "go and do an Autopac scam with Robert", as he had been given $500 for wrecking a car for insurance purposes. A few hours later the bodies of both Cook and Weselowski ... [...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] |
R V Smith (1992)
''R v Smith'', 9922 SCR 915 is a leading decision on hearsay by the Supreme Court of Canada. This decision, along with '' R v Khan'' (1990), began what is called the "hearsay revolution", supplementing the traditional categorical approach to hearsay exceptions with a new "principled approach" based on reliability and necessity of testimony. Background Arthur Larry Smith was accused of killing Aritha Monalisa King. It was believed they had both traveled from Detroit to London, Ontario. While in Canada, Smith had asked King to smuggle drugs back for him. She refused and was killed by Smith. At trial, King's mother testified she received four phone calls from her daughter the night of her death. The last call came from near where her body was found. King had told her mother she would be home very soon. The issue before the Supreme Court was whether the statements could be admissible as evidence. The trial judge admitted the evidence and Smith was convicted. On appeal, the Court of App ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Khan
''R v Khan'' 9902 SCR 531 is a landmark Supreme Court of Canada decision that began a series of major changes to the hearsay rule and the rules regarding the use of children as witnesses in court. In this case, and subsequently in ''R v Smith'' (1992), '' R v B (KG)'' (1993), '' R v U (FJ)'' (1995), '' R v Starr'' (2000), and finally, '' R v Khelawon'' (2006), the Court developed the “principled approach” to hearsay, where hearsay statements can be admitted if they are sufficiently reliable and necessary. Background In March 1985, Mrs. O and her three-and-half-year-old daughter T went to Dr. Khan for an examination. Khan first examined the daughter in front of her mother, then, while O was changing into hospital gowns in the other room, Khan was alone in his office with T for five to seven minutes. Roughly 15 minutes after leaving Khan's office, the child described to her mother how Khan had sexually assaulted her. A wet spot was found on the sleeve of T's jogging suit, whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Evidence 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
