|
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] |
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] |
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] |
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] |
Canadian Charter Of Rights And Freedoms 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 ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gerard Mitchell
Gerard Eugene Mitchell BA LL.B (born 1943 in Charlottetown, Prince Edward Island) is a former Canadian judge and Chief Justice of Prince Edward Island. He was educated at Grand Tracadie Consolidated and St. Dunstan's High School. He received his BA from St. Dunstan's University in 1964 and was a school teacher until 1967, when he returned to school to get his law degree from the University of New Brunswick The University of New Brunswick (UNB) is a public university with two primary campuses in Fredericton and Saint John, New Brunswick. It is the oldest English-language university in Canada, and among the oldest public universities in North Americ ... in 1970. He practiced law in PEI from 1970 to 1975, when he was named to the provincial court as a judge. He resigned in 1977 to return to private practice until 1981, when he was appointed to the PEI Supreme Court. He served as Chief Justice from 1987 until 2008, when he was succeeded by David Jenkins. In 2009 he was appointed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Harrison
''R v Harrison''is a decision of the Supreme Court of Canada on section 24(2) of the ''Canadian Charter of Rights and Freedoms''. The decision was a companion case of ''R v Grant'', and applied the Supreme Court's new test to determine when evidence obtained from a ''Charter'' breach should be excluded. Background On October 24, 2004, Bradley Harrison was driving an SUV with a friend near Kirkland Lake, Ontario. They were driving from Vancouver to Toronto. Constable Bertoncello of the Ontario Provincial Police observed that the vehicle had no front license plate, an offence if the car is registered in Ontario. Bertoncello activated his emergency lights and pulled the car over. He then realized the vehicle was registered in Alberta and was not required to have a front license plate. He was also informed by radio dispatch that the vehicle had been rented in Vancouver. At that time, Bertoncello has no grounds to believe any offence was being committed. Nonetheless, Bertoncello was su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Suberu
''R v Suberu'is a leading decision of the Supreme Court of Canada on section 9 and section 10 of the ''Canadian Charter of Rights and Freedoms''. The Court applied the new test for detention created in the companion case of ''R v Grant'' and ruled on the timing of when an individual is required to be informed of his or her rights to counsel after being arrested or detained. Background On June 13, 2008, Musibau Suberu and a colleague made a one-day shopping trip east of Toronto to purchase merchandise, pre-paid shopping cards, and gift certificates from Wal-Mart and the LCBO using a stolen credit card. The staff of a store in Cobourg, Ontario were warned to look out for the pair, after they reportedly bought $100 gift certificates from a different store using the stolen credit card. When Suberu's associate went to buy some merchandise at the Cobourg store with a $100 gift certificate, store employees began to stall Suberu's associate. A police constable unaware of the background w ... [...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] |
Criminal Law Of Canada
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the ''Constitution Act, 1867''. Most criminal laws have been codified in the ''Criminal Code'', as well as the ''Controlled Drugs and Substances Act'', ''Youth Criminal Justice Act'' and several other peripheral statutes. Prosecution In all Canadian provinces and territories, criminal prosecutions are brought in the name of the " King in Right of Canada". A person may be prosecuted criminally for any offences found in the ''Criminal Code'' or any other federal statute containing criminal offences. There are two basic types of offences. The most minor offences are summary conviction offences. They are defined as "summary" within the Act and, unless otherwise stated, are punishable by a fine of no more than $5,000 and/or 6 months in jail. Examples of offences which are always summary offences include trespassin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marie Deschamps
Marie Deschamps, CC (born October 2, 1952) is a former puisne justice of the Supreme Court of Canada. She retired from the court on August 7, 2012. In September 2019, Deschamps was appointed as a member of the National Security and Intelligence Review Agency. Early life Deschamps was born in Repentigny, Quebec. Education She studied law at the Université de Montréal, graduating in 1974, and completing a Master of Law (LL.M) in 1983 at McGill. Career Legal and judicial She was called to the bar in 1975 and then practised civil, commercial and family law at several Quebec law firms until 1990. In April 1990, Deschamps was appointed to the Quebec Superior Court and in March 1992 to the Quebec Court of Appeal. She was promoted to the Supreme Court of Canada in September 2002, at the age of 49, as the 75th judge appointed to the Supreme Court. Cristin Schmitz, "Deschamps plans to chart her own course". ''Ottawa Citizen'', September 9, 2002: A3. She retired from the court on Aug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ian Binnie
William Ian Corneil Binnie (born April 14, 1939) is a former puisne justice of the Supreme Court of Canada, serving from January 8, 1998 to October 27, 2011. Of the justices appointed to the Supreme Court in recent years, he is one of the few appointed directly from private practice. On his retirement from the Court, he was described by ''The Globe and Mail'' as "arguably the country's premier judge", by '' La Presse'' as "probably the most influential judge in Canada of the last decade" and by the ''Toronto Star'' as “one of the strongest hands on the court.” Personal life and career as lawyer Justice Binnie was born in Montreal, Quebec. He graduated from Trinity College School in 1957 and McGill University in 1960, where he was the News Editor of the ''McGill Daily'', a producer and writer of the ''Red and White Revue'', and a member of the Scarlet Key Honor Society. He then went on to study law at Pembroke College, Cambridge University (graduating with an LL.B in 1963 an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beverley 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] |
