Roncarelli V Duplessis
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Roncarelli V Duplessis
''Roncarelli v. Duplessis'', 959S.C.R. 121, was a landmark constitutional decision of the Supreme Court of Canada. The court held that in 1946 Maurice Duplessis, both Premier and Attorney General of Quebec, had overstepped his authority by ordering the manager of the Liquor Commission to revoke the liquor licence of Frank Roncarelli, a Montreal restaurant owner and Jehovah's Witness who was an outspoken critic of the Roman Catholic Church in Quebec. Roncarelli provided bail for Jehovah's Witnesses arrested for distributing pamphlets attacking the Roman Catholic Church. The Supreme Court found Duplessis personally liable for $33,123.56 in damages plus Roncarelli's court costs. Background The Jehovah's Witnesses began to aggressively evangelize and seek converts among Catholic French Canadians in the mid-1940's. Methods included home services, public lectures, and distributing pamphlets and selling periodicals such as ''The Watchtower'' and ''Awake!'' door to door. These were un ...
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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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Bail (Canada)
Bail in Canada refers to the release (or detention) of a person charged with a criminal offence prior to being tried in court or sentenced. The '' Canadian Bill of Rights'' and the ''Canadian Charter of Rights and Freedoms'' guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the ''Criminal Code'', which provides several ways for a person to be released prior to a court appearance. A person may be released by a peace officer or by the courts. A release by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an arrest and release. History The Canadian law of bail is derived from the principles of bail which evolved in the English common law. In particular, the right to be released without excessive bail was enshrined in the English ''Bill of Rights'', which was part of the law of the colonies in British North America. Pri ...
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Canadian Civil Rights 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 ...
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Canadian Constitutional 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 ...
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Jehovah's Witnesses And Governments
Jehovah's Witnesses believe their allegiance belongs to God's Kingdom, which they view as an actual government. They refrain from saluting the flag of any country or singing nationalistic songs, which they believe are forms of worship, although they may stand out of respect. They refuse to participate in military service—even when it is compulsory—and do not become involved in politics. They believe Jesus' refusal to rule the kingdoms of the world as offered by the Devil, his refusal to be made king of Israel by the Jews, and his statements that he, his followers, and his kingdom are not part of the world, provide the bases for not being involved in politics or government. Witnesses are taught that they should obey laws of the governments where they live unless such laws conflict with their beliefs, such as operating covertly in countries where their activities are banned. Civil liberties According to the book ''Judging Jehovah's Witnesses'', the Witnesses have helpe ...
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Persecution Of Jehovah's Witnesses In Nazi Germany
Jehovah's Witnesses suffered religious persecution in Nazi Germany between 1933 and 1945 after refusing to perform military service, join Nazi organizations, or give allegiance to the Hitler regime. An estimated 10,000 Witnesses—half of the number of members in Germany during that period—were imprisoned, including 2000 who were sent to Nazi concentration camps. An estimated 1200 died in custody, including 250 who were executed. They were the first Christian denomination banned by the Nazi government and the most extensively and intensively persecuted. Unlike Jews and Romani, who were persecuted on the basis of their ethnicity, Jehovah's Witnesses could escape persecution and personal harm by renouncing their religious beliefs by signing a document indicating renunciation of their faith, submission to state authority, and support of the German military. Historian Sybil Milton concludes that "their courage and defiance in the face of torture and death punctures the myth of a mon ...
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List Of Supreme Court Of Canada Cases (Richards Court Through Fauteux Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the formation of the Court in 1875 to the retirement of Gérald Fauteux in 1973. Note that the Privy Council heard appeals for criminal cases until 1933 and for civil cases until 1949. Also between 1888 and 1926, no criminal appeals were allowed to the Privy Council. 1875–99 19001949 19501959 19601969 1970–73 See also * List of Judicial Committee of the Privy Council cases * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (1867-1984) ...
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Lamb V Benoit
''Lamb v Benoit'', 959SCR 321 was a legal case that was heard by the Supreme Court of Canada. Lamb, a Jehovah's Witness, was arrested for distributing religious pamphlets in Verdun, Quebec, in 1946, along with three other members of the religion. She was accused by the plaintiff of distributing copies of ''Quebec's Burning Hate'', but the Supreme Court found no evidence of that specific pamphlet being distributed. Lamb was detained for a weekend without access to legal counsel. Local authorities offered to release Lamb if she would not hold them responsible for her detention, but she refused. She was then charged with conspiracy to publish sedition, but this was dismissed by a trial judge and that decision was upheld when appealed. Justice Abbott, a common law justice, concluded that the police officers had violated a Quebec statute through not acting in good faith. She was awarded $2,500 in damages. This was cited by Kent Roach, writing for the University of Toronto Law Journal, ...
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Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ...
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Ivan Rand
Ivan Cleveland Rand (April 27, 1884 – January 2, 1969) was a Canadian lawyer, politician, academic, and justice of the Supreme Court of Canada. He has been described as 'probably the greatest judge in Canada's history'. Early life and career Born in Moncton, New Brunswick, the son of Nelson Rand and Minnie Turner, he received a Bachelor of Arts degree from Mount Allison University in 1909. In 1912, he received a Bachelor of Law degree from Harvard Law School. He was called to the bar of New Brunswick in 1912. From 1912 to 1920, he practiced law in Medicine Hat, Alberta. Returning to Moncton in 1920, he joined the Canadian National Railways as a counsel. In 1924, he was named Attorney General of New Brunswick and was a member of the Legislative Assembly of New Brunswick from February to June 1925. Judicial career On April 22, 1943, he was appointed to the Supreme Court of Canada on the recommendation of William Lyon Mackenzie King. During his tenure, Rand deliver ...
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Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the am ...
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Chief Justice Of Quebec
The title of Chief Justice of Quebec (french: link=no, Juge en chef du Québec) is assumed by the chief justice of the Court of Appeal of Quebec. From 1849 to 1974 it was assumed by the Chief Justice from the Court of Queen's Bench or Court of King's Bench. Chief Justice of the Province of Quebec (1763-1791) Chief Justice of Lower Canada (1791-1841) Chief Justice of Canada East (1841-1867) Chief Justice of Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ... (since 1867) References {{Reflist External links * Court of Appeal of Quebec,Former judges. Quebec courts Lists of Canadian judges ...
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