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Re B.C. Motor Vehicle Act
''Reference Re BC Motor Vehicle Act'', 9852 SCR 486, was a landmark reference submitted to the Supreme Court of Canada regarding the constitutionality of the British Columbia ''Motor Vehicle Act''. The decision established one of the first principles of fundamental justice in the ''Canadian Charter of Rights and Freedoms'' ("''Charter''"), beyond mere natural justice, by requiring a fault component for all offences with penal consequences. The decision also proved important and controversial for establishing fundamental justice as more than a procedural right similar to due process, but also protects substantive rights even though such rights were counter to the intent of the initial drafters of the ''Charter''. Background Section 94(2) of the ''Motor Vehicle Act'' of British Columbia created an absolute liability offence of driving while with a suspended licence. To obtain a conviction, the Crown needed only to establish proof of driving regardless of whether the driver was awar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Question
In Canadian law, a reference question or reference case (formally called abstract review) is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation. Constitutional and statutory authority Reference jurisdiction of the Supreme Court of Canada The ''Constitution Act, 1867'', gives the federal Parliament the power to create a "General Court of Appeal for Canada", but does not define the jurisdiction of the Court. When Parliament created the Supreme Court of Canada in 1875, it gave the federal Cabinet the power to refer questions to the Supreme Court for the Court's opinion. That provision has been carried forward and is now found in the current ''Supreme Court Act''. Under that provision, the federal Cabinet may submit a question to the Supreme Court of Canada by means of an order-in-council. Once the questions have been submitted to the Cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section One Of The Canadian Charter Of Rights And Freedoms
Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's ''Charter'' rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in ''R v Sharpe''), hate speech (e.g., in ''R v Keegstra''), and obscenity (e.g., in ''R v Butler''). When the government has limited an individual's right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was ''prescribed by law'' namely, that the law is attuned to the values of ''accessibility'' and ''intelligibility''; and secondly, that it is ''justified in a free and democratic society'', which means that it must have a justifiable purpose and must be proportional. Text Und ... [...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] |
Section Seven Charter Case Law
Section, Sectioning or Sectioned may refer to: Arts, entertainment and media * Section (music), a complete, but not independent, musical idea * Section (typography), a subdivision, especially of a chapter, in books and documents ** Section sign (§), typographical characters * Section (bookbinding), a group of sheets, folded in the middle, bound into the binding together * The Section (band), a 1970s American instrumental rock band * ''The Outpost'' (1995 film), also known as ''The Section'' * Section, an instrumental group within an orchestra * "Section", a song by 2 Chainz from the 2016 album ''ColleGrove'' * "Sectioning", a ''Peep Show'' episode * David "Section" Mason, a fictional character in '' Call of Duty: Black Ops II'' Organisations * Section (Alpine club) * Section (military unit) * Section (Scouting) Science, technology and mathematics Science * Section (archaeology), a view in part of the archaeological sequence showing it in the vertical plane * Section (bi ... [...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] |
Hunter V Southam Inc
''Hunter v Southam Inc'' [1984] 2 S.C.R. 145 is a landmark Supreme Court of Canada privacy rights case and as well is the first Supreme Court decision to consider Section Eight of the Canadian Charter of Rights and Freedoms, section 8 of the ''Canadian Charter of Rights and Freedoms''. Background An investigation was begun by the government under the authority of the ''Combines Investigation Act'' into Southam Newspaper. The investigators entered Southam's offices in Edmonton and elsewhere to examine documents. The search was authorized prior to the enactment of the Charter but the search did not commence until afterwards. The challenge was allowed. At the Alberta Court of Appeal, the judge found that part of the Act was inconsistent with the Charter and therefore of no force or effect. The Supreme Court considered section 8 for the first time and upheld the ruling of the Court of Appeal. Reasons of the court Brian Dickson, Justice Dickson (as he then was), writing for a unanimou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Society Of Upper Canada V Skapinker
''Law Society of Upper Canada v Skapinker'', 9841 S.C.R. 357 is a leading Supreme Court of Canada decision on mobility rights protected under section 6 of the Canadian Charter of Rights and Freedoms. It is also the first Charter decision to reach the Supreme Court since its enactment in 1982. Background Joel Skapinker was a citizen of South Africa residing in Canada who applied to the Ontario bar to practice law. The bar refused his application as the Law Society Act required that he be a Canadian citizen. Skapinker has brought an application to have the provision of the Act requiring Canadian citizenship be held inoperative on the basis that it violated section 6(2)(b) of the Charter. At trial, the application was denied. However, on appeal the Court held that his mobility rights were in fact violated. Opinion of the Court The unanimous Court held that Skapinker's rights were not violated by the Law Society Act. Estey J., writing for the Court, acknowledged the difficulty in in ... [...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] |
Arbitrary Arrest And Detention
Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law or order. Background Virtually all individuals who are arbitrarily arrested are given no explanation as to why they are being arrested, and they are not shown any arrest warrant. Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held incommunicado and their whereabouts can be concealed from their family, associates, the public population and open trial courts. International law Arbitrarily depriving an individual of their liberty is prohibited under international human rights law. Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile"; that is, no individual, regardless of circumstances, is to be depri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Nine Of The Canadian Charter Of Rights And Freedoms
Section 9 of the ''Canadian Charter of Rights and Freedoms'', found under the "Legal rights" heading in the Charter, guarantees the right against arbitrary detainment and imprisonment. Section nine states: Interpretation Detainment within the meaning of both section nine and section ten is not invoked unless there is significant physical or psychological restraint. Detainment can be found to be arbitrary where there is "no express or implied criteria which govern its exercise." The Supreme Court of Canada has stated that "detention" refers to a suspension of an individual's liberty interest by a significant physical or psychological restraint. Psychological detention is established either where the individual has a legal obligation to comply with the restrictive request or demand, or a reasonable person would conclude by reason of the state conduct that he or she had no choice but to comply. In cases where there is no physical restraint or legal obligation, it may not be clea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duke V R
''Duke v R'' 972S.C.R. 917 was a decision by the Supreme Court of Canada on the Canadian Bill of Rights, concerning the right of an accused to make full answer and defence to a criminal charge. Background The accused in the case was charged with drunk driving contrary to the Criminal Code after having been taken to a police station and given a breathalyzer. While the breathalyzer test results were given to the accused's lawyer, the breath sample itself was not. This raised the concern as to whether the accused would be able to have a full defence, as is expected under common law rules of natural justice. According to the Supreme Court, the legislative history of the Criminal Code indicated that it was intended that the accused need not be given breath samples. The case thus involved section 2(e) of the Bill of Rights, which states that everyone has "the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Bill Of Rights
The ''Canadian Bill of Rights'' (french: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian common law.Joseph E. Magnet''Constitutional Law of Canada'', 8th ed., Part VI, Chapter 1 Juriliber, Edmonton (2001). URL accessed on March 18, 2006. The ''Canadian Bill of Rights'' remains in effect but is widely acknowledged to be limited in its effectiveness because it is a federal statute only, and so not directly applicable to provincial laws. These legal and constitutional limitations were a significant reason that the ''Canadian Charter of Rights and Freedoms'' was established as an unambiguously-constitutional-level Bill of Rights for all Cana ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
