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R V Stairs
''R v Stairs'', 2022 SCC 11 is a constitutional rights decision of the Supreme Court of Canada. The Court established new standards for searches of a person's home after they have been arrested. At issue in the case was whether the traditional common law power of ''Search Incident to Arrest'', which allows police officers to engage in warrantless searches of lawfully arrested persons, was compliant with section 8 of the Charter of Rights and Freedoms as it related to searches of the home. All justices agreed that the traditional standard was not compliant with section 8, and needed to be modified as it related to searches of the home to be constitutional. But the majority and minority split 5-4 on how stringent the new modified standard should be, with the majority opting for one less stringent than what the minority proposed. Background Section 8 Section 8 of the Canadian Charter of Rights and Freedoms declares:Everyone has the right to be secure against unreasonable sea ... [...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] |
Section 8 Of The Canadian Charter Of Rights And Freedoms
Section 8 of the ''Canadian Charter of Rights and Freedoms'' protects against unreasonable search and seizure. This right provides those in Canada with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance. Under the heading of legal rights, section 8 states: Any property found or seized by means of a violation of section 8 can be excluded as evidence in a trial under section 24(2). Reasonable expectation of privacy Section 8 does not apply to every search or seizure. Rather, the right focuses on the action being unreasonable on the basis that it violates the expectation of privacy that a reasonable individual would have. Examples The driver of a motor vehicle normally has a reasonable expectation in the contents of that vehicle, although that same expectation does no ... [...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] |
2022 Reasons Of The Supreme Court Of Canada
The table below lists the decisions (known as reasons) delivered from the bench by the Supreme Court of Canada during 2022. The table illustrates what reasons were filed by each justice in each case, and which justices joined each reason. Reasons , - , ''R v Stairs'', 2022 SCC 11 , November 2, 2021 , April 8, 2022 , style="background:#93db70", , style="background:#00cd00";text-align:center;", , style="background:#f00", , style="background:#00b2ee", , style="background:#ee9572", , style="background:#93db70", , style="background:#ee9572", , style="background:#93db70", , style="background:#00cd00";text-align:center;", , rowspan="10" style="background:grey" , , - , ''R v Tim'', 2022 SCC 12 , October 7, 2021 , April 8, 2022 , style="background:#93db70", , style="background:#93db70", , style="background:" , , style="background:#93db70", , style="background:#f00", , style="background:#93db70", , style="background:" , , style="background:#93db70", , ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Grant
''R v Grant'', 2009 SCC 32 is a leading decision of the Supreme Court of Canada on section 9, section 10 and section 24(2) of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''"). The Court created a number of factors to consider when determining whether a person had been detained for the purpose of sections 9 and 10 of the ''Charter''. The Court also created a new test for determining whether evidence obtained by a ''Charter'' breach should be excluded under section 24(2) of the ''Charter'', replacing the ''Collins'' test. Background Three Toronto police officers were patrolling a school area known for a high crime rate for the purposes of monitoring the area and maintaining a safe student environment. Police observed Donnohue Grant in the area, acting suspiciously. A uniformed police officer went to speak to Mr. Grant, asked him what was going on and asked him for his name and address. Mr. Grant handed over his identification and continued acting nervously. He went t ... [...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] |
Ontario Superior Court Of Justice
The Superior Court of Justice (French: ''Cour supérieure de justice'') is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges. In 1999, the Superior Court of Justice was renamed from the Ontario Court (General Division). The Superior Court is one of two divisions of the Court of Ontario. The other division is the lower court, the Ontario Court of Justice. The Superior Court has three specialized branches: Divisional Court, Small Claims Court, and Family Court. The Superior Court has inherent jurisdiction over civil, criminal, and family law matters at common law. Although the Court has inherent jurisdiction, the authority of the Court has been entrenched in the Canadian Constitution. * Frank Marrocco (2005 to 2020; Associate Chief Justice 2013 to 2020) See also * Courts of Ontario References External linksSuperior Court of Justice [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Feeney
''R v Feeney'', 9972 S.C.R. 13 is a leading decision of the Supreme Court of Canada on the right, under section 8 of the ''Canadian Charter of Rights and Freedoms'' against unreasonable search and seizure. The Court held that the police are not permitted to enter into someone's house without a search warrant. Background On the morning of June 8, 1991, 85-year-old Frank Boyle was found dead in his Likely, British Columbia home from several severe blows to the head with a crowbar. At the scene, the police found a Sportsman brand cigarette, and later found Mr. Boyle's truck abandoned in a ditch. On a tip from local residents, the police located the driver of the truck, Michael Feeney, sleeping in a trailer behind the residence of a friend of his. The police knocked on the trailer door, and shouted "police", but there was no reply. Guns drawn, the police entered. They found Feeney in bed and shook his leg to get his attention. The police asked him to get up and go outside where the l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Fearon
is a leading section 8 Canadian constitutional law case, concerning the constitutionality of warrantless law enforcement searches of the contents of a cell phone incident to arrest. Background The appellant, Kevin Fearon, and an accomplice robbed a jewelry merchant and fled in a black getaway vehicle. A police investigation resulted in Fearon's arrest that night. At the time of Fearon's arrest, police had not yet recovered the handgun Fearon used to commit the robbery or the jewelry he stole. Police conducted a pat-down search of Fearon incident to arrest and, discovering an unlocked, unencrypted cell phone on his person, searched the phone. The arresting officer did not have a warrant to search the phone at that time. The search revealed, ''inter alia'', a draft text message reading “We did it were the jewelry at nigga burrrrrrrrrrr” and a photograph of a handgun that matched a handgun later recovered by police. Fearon was charged with robbery with a firearm and related of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Saeed
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Ireland ''or'' . The letter is the eighth most common letter in English and the fourth-most common consonant (after , , and ). The letter is used to form the ending "-re", which is used in certain words such as ''centre'' in some varieties of English spelling, such as British English. Canadian English also uses the "-re" ending, unlike American English, where the ending is usually replaced by "-er" (''center''). This does not affect pronunciation. Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as F, L, M, N and S. This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Golden
''R v Golden'', 2001 SCC 83 is a landmark decision of the Supreme Court of Canada on limitations to the power of police officers to perform strip searches. The Court held that the common law rule allowing peace officers to perform warrantless searches incident to arrest must be limited in relation to strip searches, citing their heightened intrusiveness and impact on the Charter protected privacy interests of the accused. The Court also limited how strip searches may be performed. Requiring that, barring exigent circumstances, they be conducted at a police station instead of the place of arrest. And established criteria to assess the reasonableness of strip searches under section 8 of the Canadian Charter of Rights and Freedoms. Background Section 8 Section 8 of the Charter states:Everyone has the right to be secure against unreasonable search or seizure.Warrantless searches are deemed ''prima facie'' unreasonable. In order to be justified, the crown has the burden of establi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Stillman
''R v Stillman'' 9971 SCR 607, was a leading decision of the Supreme Court of Canada on section 24(2) of the Constitution of Canada which allowed for the exclusion of evidence that is obtained in a manner that infringes the ''Charter''. The two-step Stillman test was developed for determining whether the admission of evidence that was obtained through a breach of a Charter right would affect the fairness of the trial. The issue of trial fairness comes into play when applying the first step of the Collins test to exclude evidence under section 24(2). The case would later be replaced by the Supreme Court of Canada's decision in ''R v Grant''. Background In 1991, a young New Brunswick girl was found raped and murdered. A 17-year-old suspect, William Stillman, was arrested for the murder. Stillman's lawyer told the police that he did not consent to the taking of any bodily samples. Nevertheless, the police took an impression of his teeth, a hair sample, and saliva sample. As well, th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
