R V Williamson
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R V Williamson
R v Williamson is a leading Supreme Court of Canada case in which the Court ruled that Section 3 the Charter of Rights and Freedoms prohibited undue delays in criminal proceedings. The right to be tried within reasonable time was, in Williamson's case, delayed nearly three years between the laying of charges and the end of trial. The justices weighed whether the accused’s right to be tried within reasonable time under s. 11(b) of Canadian Charter of Rights and Freedoms was infringed, and found a new framework for determining s. 11(b) infringement. The Court used the ratio decidendi of ''R v Jordan (2016)''. Background The case involved the sexual abuse of a minor (Ruttan) at the hands of a Queen's University Queen's or Queens University may refer to: *Queen's University at Kingston, Ontario, Canada *Queen's University Belfast, Northern Ireland, UK **Queen's University of Belfast (UK Parliament constituency) (1918–1950) **Queen's University of Belfast ... student (Williamso ...
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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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Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the ''Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The S ...
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Criminal Proceedings
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights ...
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Ratio Decidendi
''Ratio decidendi'' ( Latin plural ''rationes decidendi'') is a Latin phrase meaning "the reason" or "the rationale for the decision". The ''ratio decidendi'' is "the point in a case that determines the judgement" or "the principle that the case establishes".See Barron's Law Dictionary, page 385 (2d ed. 1984). In other words, ''ratio decidendi'' is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike ''obiter dicta'', the ''ratio decidendi'' is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of '' stare decisis''. Certain courts are able to overrule decisions of a court of coordinate jurisdiction. However, out of interests of judicial comity, they generally try to follow coordinate rationes. ...
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R V Jordan (2016)
''R. v. Jordan'' was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 months in other cases. Background Section 11 of the Canadian Charter of Rights and Freedoms states that Prior to this ruling, a contextual framework set out in '' R v Morin'' was used. Barrett Richard Jordan was arrested in December 2008 and charged with various offences relating to possession and trafficking. He was released with restrictive bail conditions in February 2009. The preliminary inquiry was set to occur in May 2010, but there was not enough time for the Crown to present all its evidence, so further dates were set throughout 2010 and 2011. In May 2011, Jordan was committed to stand ...
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Queen's University At Kingston
Queen's University at Kingston, commonly known as Queen's University or simply Queen's, is a public research university in Kingston, Ontario, Canada. Queen's holds more than of land throughout Ontario and owns Herstmonceux Castle in East Sussex, England. Queen's is organized into eight faculties and schools. The Church of Scotland established Queen's College in October 1841 via a royal charter from Queen Victoria. The first classes, intended to prepare students for the ministry, were held 7 March 1842 with 13 students and two professors. In 1869, Queen's was the first Canadian university west of the Maritime provinces to admit women. In 1883, a women's college for medical education affiliated with Queen's University was established after male staff and students reacted with hostility to the admission of women to the university's medical classes. In 1912, Queen's ended its affiliation with the Presbyterian Church, and adopted its present name. During the mid-20th century, the u ...
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Canadian Criminal 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 Multiculturalism, 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 Immigration to Canada, immigrants and their descendants. Following the initial period of New France, French and then the much larger British colonization of the Americas, 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 ...
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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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2016 In Canadian Case Law
Sixteen or 16 may refer to: *16 (number), the natural number following 15 and preceding 17 *one of the years 16 BC, AD 16, 1916, 2016 Films * ''Pathinaaru'' or ''Sixteen'', a 2010 Tamil film * ''Sixteen'' (1943 film), a 1943 Argentine film directed by Carlos Hugo Christensen * ''Sixteen'' (2013 Indian film), a 2013 Hindi film * ''Sixteen'' (2013 British film), a 2013 British film by director Rob Brown Music *The Sixteen, an English choir *16 (band), a sludge metal band *Sixteen (Polish band), a Polish band Albums * ''16'' (Robin album), a 2014 album by Robin * 16 (Madhouse album), a 1987 album by Madhouse * ''Sixteen'' (album), a 1983 album by Stacy Lattisaw *''Sixteen'' , a 2005 album by Shook Ones * ''16'', a 2020 album by Wejdene Songs * "16" (Sneaky Sound System song), 2009 * "Sixteen" (Thomas Rhett song), 2017 * "Sixteen" (Ellie Goulding song), 2019 *"16", by Craig David from ''Following My Intuition'', 2016 *"16", by Green Day from ''39/Smooth'', 1990 *"16", by High ...
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Sexual Harassment In Canada
Sex is the biological distinction of an organism between male and female. Sex or SEX may also refer to: Biology and behaviour *Animal sexual behaviour **Copulation (zoology) **Human sexual activity **Non-penetrative sex, or sexual outercourse **Sex drive, a person's overall sexual drive or desire for sexual activity **Sexual intercourse, also called copulation or coitus *Gender, the distinction between male and female or masculinity and femininity within an individual's gender identity **Sex and gender distinction *Human sexuality *Mating types, a distinction of gametes, whether in anisogamous or isogamous species * Sexing, the act of discerning the sex of an animal *Sexual reproduction, a process of combining and mixing genetic traits, associated with the generation of new individuals, by means of meiosis and fertilization **Genetic recombination, the process of mixing genetic traits solely, occurring both in organisms with sexual or asexual reproduction Art and entertainment Fi ...
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Political Controversies In Canada
Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies politics and government is referred to as political science. It may be used positively in the context of a "political solution" which is compromising and nonviolent, or descriptively as "the art or science of government", but also often carries a negative connotation.. The concept has been defined in various ways, and different approaches have fundamentally differing views on whether it should be used extensively or limitedly, empirically or normatively, and on whether conflict or co-operation is more essential to it. A variety of methods are deployed in politics, which include promoting one's own political views among people, negotiation with other political subjects, making laws, and exercising internal and external force, including wa ...
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Ontario Society
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Canada, it is Canada's most populous province, with 38.3 percent of the country's population, and is the second-largest province by total area (after Quebec). Ontario is Canada's fourth-largest jurisdiction in total area when the territories of the Northwest Territories and Nunavut are included. It is home to the nation's capital city, Ottawa, and the nation's most populous city, Toronto, which is Ontario's provincial capital. Ontario is bordered by the province of Manitoba to the west, Hudson Bay and James Bay to the north, and Quebec to the east and northeast, and to the south by the U.S. states of (from west to east) Minnesota, Michigan, Ohio, Pennsylvania, and New York. Almost all of Ontario's border with the United States follow ...
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