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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] |
Section Eight 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 not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Constitutional Law
Canadian constitutional law () is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect. In ''Reference re Secession of Quebec'', the Supreme Court characterized four fundamental and organizing principles of the Constitution (though not exhaustive): federalism; democracy; constitutionalism and the rule of law; and protection of minorities. Reviewable matters and legal standing Under the authority of section 52(1) of the ''Constitution Act, 1982'', courts may review all matters of law. Accordingly, the courts have a broad scope of competence. Constitutional issues come before the court through disputes between parties as well as through reference questions. The court has the discretion to hear any Constitutional issues as long as there is a sufficient legal component. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Twenty-four 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 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] |
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] |
Thomas Cromwell (jurist)
Thomas Albert Cromwell (born May 5, 1952) is a Canadian jurist and former Puisne Justice on the Supreme Court of Canada. After eleven years on the Nova Scotia Court of Appeal, Cromwell was nominated to succeed Michel Bastarache and occupy the seat traditionally reserved for Atlantic provinces on the Supreme Court of Canada by Prime Minister Stephen Harper and assumed office on December 22, 2008. Cromwell retired in September 2016, and was succeeded by Malcolm Rowe. Known as a centrist on Canada's highest court, his reasoning as a provincial appellate judge in '' R v Marshall; R v Bernard'' was adopted by unanimous decision in the landmark Aboriginal title case of '' Tsilhqot'in Nation v British Columbia'' in 2014 during his tenure. Early life and education Cromwell was born in Kingston, Ontario. He attended Queen's University where he earned a Bachelor of Music degree in 1973 and a law degree in 1976. He then earned a Bachelor of Civil Law degree at Exeter College, Oxford in 1 ... [...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 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] |
Andromache Karakatsanis
Andromache Karakatsanis (born October 3, 1955) is a Canadian jurist. She was nominated to the Supreme Court of Canada by Stephen Harper in October 2011. She is the first Greek-Canadian judge on the Court. Early life Karakatsanis was born in Toronto, Ontario, to Greek parents, and raised with an emphasis on her Greek heritage. She grew up near the Don Mills Road and Lawrence Avenue area of Toronto, where her parents owned a restaurant called Top of the Mall which was where Karakatsanis worked as a hostess and helped her father manage the restaurant. She attended Victoria College at the University of Toronto, graduating with a B.A. in English literature in 1977. She then attended York University's Osgoode Hall Law School, receiving her LL.B. in 1980. She was called to the Ontario bar in 1982. Career After her call to the bar, Karakatsanis clerked for the judges of the Ontario Court of Appeal from 1982–1983, after which she entered private practice. In 1987, Karakatsanis was ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cloud (computing)
Cloud computing is the on-demand availability of computer system resources, especially data storage (cloud storage) and computing power, without direct active management by the user. Large clouds often have functions distributed over multiple locations, each of which is a data center. Cloud computing relies on sharing of resources to achieve coherence and typically uses a "pay as you go" model, which can help in reducing capital expenses but may also lead to unexpected operating expenses for users. Value proposition Advocates of public and hybrid clouds claim that cloud computing allows companies to avoid or minimize up-front IT infrastructure costs. Proponents also claim that cloud computing allows enterprises to get their applications up and running faster, with improved manageability and less maintenance, and that it enables IT teams to more rapidly adjust resources to meet fluctuating and unpredictable demand, providing burst computing capability: high computing power ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Internet Policy And Public Interest Clinic
The Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC) is a legal clinic at the University of Ottawa focused on maintaining fair and balanced policy making in Canada related to technology. Founded in the fall of 2003 by Michael Geist, its headquarters is at the University of Ottawa Faculty of Law, Common Law Section. History and mission CIPPIC was initially founded on a grant from an Amazon.com cy-près fund that was matched by the Ontario Research Network for Electronic Commerce. In 2007, it received a major donation from professors Robert J. Glushko and Pamela Samuelson which ensured that CIPPIC would be able to continue its operations. CIPPIC continues to operate through donations and the support of the University of Ottawa. CIPPIC has as its mission "to fill voids in public policy debates on technology law issues, ensure balance in policy and law-making processes, and provide legal assistance to under-represented organizations and individuals on ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fishing Expedition
A fishing expedition is an informal, pejorative term for a non-specific search for information, especially incriminating information. It is most frequently organized by policing authorities. Media In the UK, Abu Hamza and Yaser al-Sirri, Jim Davidson, and the late Edward Heath were described in media as having been subjected to this tactic. Former friends of the late prime minister Edward Heath complained that Mike Veale, Chief Constable of Wiltshire Police, had mounted a 'fishing expedition' in an 'unsatisfactory and prejudicial' investigation costing £1.5 million which had turned up 'no convincing evidence' that Heath had ever sexually assaulted anyone, according to Lord Hunt of Wirral. Law In pre-trial procedure, so-called "fishing expeditions" are massive and aimless calls for all documents related to the litigation: in the United States they are permissible under Federal Rule of Civil Procedure 26 (b) (1). This rule is repeated in many states' rules of procedure: "Parties ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
