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, is a Canadian constitutional law case concerning the constitutionality of mandatory minimum sentences for firearm offences in Canada. Background In 2008, the Conservative government introduced the ''Tackling Violent Crime Act'', a bill that amended the ''Criminal Code'' by adding mandatory minimum sentences for those found guilty of various firearm offences. The bill received royal assent and mandatory minimum sentences were attached to section 95(1) of the ''Criminal Code'', a hybrid offence which prohibited possession of a loaded prohibited firearm, or possession of an unloaded prohibited firearm alongside ammunition. If the Crown elected to proceed by summary conviction, the mandatory minimum sentence was one year under section 95(2)(b) of the ''Criminal Code''. Indictable offences were punishable by a mandatory minimum sentence of three years under section 95(2)(a)(i) of the ''Criminal Code''.SCC, par. 20 Hussein Jama Nur In January 2009, Toronto police officers were c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ontario Court Of Appeal
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] |
Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation (french: Société Radio-Canada), branded as CBC/Radio-Canada, is a Canadian public broadcaster for both radio and television. It is a federal Crown corporation that receives funding from the government. The English- and French-language service units of the corporation are commonly known as CBC and Radio-Canada, respectively. Although some local stations in Canada predate the CBC's founding, CBC is the oldest existing broadcasting network in Canada. The CBC was established on November 2, 1936. The CBC operates four terrestrial radio networks: The English-language CBC Radio One and CBC Music, and the French-language Ici Radio-Canada Première and Ici Musique. (International radio service Radio Canada International historically transmitted via shortwave radio, but since 2012 its content is only available as podcasts on its website.) The CBC also operates two terrestrial television networks, the English-language CBC Television and the Frenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Activism
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Ivison
John Ivison is a Scottish Canadian journalist and author. He is an Ottawa-based political columnist for the ''National Post'' and Ottawa Bureau Chief. Raised in Dumfries, Scotland, he worked as a reporter for ''The Scotsman'' newspaper in Edinburgh and as deputy business editor of ''Scotland on Sunday''. He was educated at the University of Glasgow, McMaster University and the University of Western Ontario, where he earned a Masters of Arts in Journalism. He moved to Canada in 1998, as part of the team that launched the ''National Post''. After five years at the Financial Post, Ivison moved to the news section of the National Post, where he has covered provincial politics in Ontario and federal politics in Ottawa since 2003. Ivison has appeared as a panelist on various Canadian public affairs programs, including the CBC News Network's ''Power & Politics and Cross-Country Check-Up, CTV's Power Play'' with Don Martin (journalist), Don Martin and ''Question Period (TV series), Qu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Post
The ''National Post'' is a Canadian English-language broadsheet newspaper available in several cities in central and western Canada. The paper is the flagship publication of Postmedia Network and is published Mondays through Saturdays, with Monday released as a digital e-edition only.National Post to eliminate Monday print edition , June 19, 2017. Retrieved June 28, 2017 The newspaper is distributed in the provinces of , |
The Globe And Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it falls slightly behind the ''Toronto Star'' in overall weekly circulation because the ''Star'' publishes a Sunday edition, whereas the ''Globe'' does not. ''The Globe and Mail'' is regarded by some as Canada's " newspaper of record". ''The Globe and Mail''s predecessors, '' The Globe'' and ''The Mail and Empire'' were both established in the 19th century. The former was established in 1844, while the latter was established in 1895 through a merger of ''The Toronto Mail'' and the ''Toronto Empire''. In 1936, ''The Globe'' and ''The Mail and Empire'' merged to form ''The Globe and Mail''. The newspaper was acquired by FP Publications in 1965, who later sold the paper to the Thomson Corporation in 1980. In 2001, the paper merged with broadcast ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 24 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] |
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] |
Stare Decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beverly McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021. Early life and education McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were "fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the ''Alberta Law Review'') from the University of Alberta. She was called to the bar of Alberta in 1969, and to th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eleanore A
Eleanor () is a feminine given name, originally from an Old French adaptation of the Old Provençal name ''Aliénor''. It is the name of a number of women of royalty and nobility in western Europe during the High Middle Ages. The name was introduced to England by Eleanor of Aquitaine, who came to marry King Henry II. It was also borne by Eleanor of Provence, who became Queen consort of England as the wife of King Henry III, and Eleanor of Castile, wife of Edward I. The name was popular in the United States in the 1910s and 1920s, peaking at rank 25 in 1920. It declined below 600 by the 1970s, again rose to rank 32 in the 2010s. Eleanor Roosevelt, the longest-serving first lady of the US was probably the most famous bearer of the name in contemporary history. Common hypocorisms include Elle, Ella, Ellie, Elly, Leonor, Leonora, Leonore, Nella, Nellie, Nelly, and Nora. Origin The name derives from the Provençal name Aliénor, which became Eléonore in ''Langue d'oïl'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
