R (Canada) V Adams
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R (Canada) V Adams
Justice Sopinka wrote for a unanimous court in this appeal from the Alberta Court of Queen's Bench on a case in which a Criminal Code section 486 publication ban was overturned by the trial judge, Justice Feehan, after he had found the primary witnesses for both sides of a sexual assault trial to be unreliable. Feehan J. considered as policy reasons in favour of lifting the publication ban that: The Crown applied for leave to appeal directly to the Court from the order of the trial judge, pursuant to s. 40(1) of the Supreme Court Act, R.S.C., 1985, c. S-26. Mootness The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or even ... was raised by the respondent, and discarded by the court; In any event, even if the appeal were moot it would exercise discretion to hear the appeal. Jurisdictio ...
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John Sopinka
John Sopinka, (March 19, 1933 – November 24, 1997) was a Canadian lawyer and puisne justice on the Supreme Court of Canada, the first Ukrainian-Canadian appointed to the high court. Early life and education Sopinka was born in Broderick, Saskatchewan and lived there until his Ukrainian Canadian family moved to Hamilton, Ontario. He completed secondary school at Saltfleet High School in Stoney Creek. He earned Bachelor of Arts and Bachelor of Laws degrees at the University of Toronto where he was a member of the Toronto chapter of the Beta Theta Pi fraternity. While studying law, he also played professional football. He was drafted in the sixth round of the 1955 CFL draft. He played with the Toronto Argonauts (1955 to 1957, 29 games) and then the Montreal Alouettes (1957, 8 games) of the Canadian Football League. Career He was called to the bar of Ontario in 1960 and practiced law at Fasken & Calven before becoming a senior partner at Stikeman Elliott. He was designated ...
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Court Of Queen's Bench Of Alberta
The Court of King's Bench of Alberta (abbreviated in citations as ABKB or Alta. K.B.) is the superior court of the Canadian province of Alberta. Until 2022, it was named Court of Queen's Bench of Alberta. The Court of Queen's Bench in Calgary was relocated to the Calgary Courts Centre in 2007. The Court of King's Bench has been located at the Law Courts building in Edmonton since the 1970s. History The court originates from the old Supreme Court of the Northwest Territories. Two years after Alberta became a province in 1905, the court was reorganized as the Supreme Court of Alberta and several lower district courts possessing a more limited jurisdiction. In 1921, the Supreme Court was reorganized to have an independent trial division (Supreme Court of Alberta Trial Division), and an independent appellate division (Supreme Court of Alberta Appellate Division), the precursor to the Court of Appeal of Alberta. On June 30, 1979, the Supreme Court Trial Division was renamed as "Court ...
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Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions (such as definitions and prohibitions on retroactive prosecution). Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case-by-case basis. Conversely they are not as common in common law jurisdictions. The proposed introduction of a criminal code in England and Wales was a significant project of the Law Commission from 1968 to 2008. Due to the strong tradition of legal precedent in the jurisdiction and consequently the large number of binding legal judgements and ambiguous 'common law offences', as well as the often inconsistent nature of English law, ...
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Publication Ban
A publication ban is a court order which prohibits the public or media from disseminating certain details of an otherwise public judicial proceeding. In Canada, publication bans are most commonly issued when the safety or reputation of a victim or witness may be hindered by having their identity openly broadcast in the press. They are also commonly issued when the crime involves minors or is sexual in nature. In countries where press freedom is the norm, an actual ban on publication is used mostly for ongoing court cases where publicity may affect the case, although in Canada the balance has tilted away from disclosure since the passage in 1985 of the Freedom of Information and Protection of Privacy Act (Ontario). In Canada There are several types of publication ban permitted under the Canadian criminal code: * An order restricting the publication of information identifying complainants of sexual offences s.486.4] * An order restricting publication of information identifying vi ...
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Justice Feehan
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspectives, including the concepts of moral correctness based on ethics, rationality, law, religion, equity and fairness. The state will sometimes endeavor to increase justice by operating courts and enforcing their rulings. Early theories of justice were set out by the Ancient Greek philosophers Plato in his work The Republic, and Aristotle in his Nicomachean Ethics. Advocates of divine command theory have said that justice issues from God. In the 1600s, philosophers such as John Locke said that justice derives from natural law. Social contract theory said that justice is derived from the mutual agreement of everyone. In the 1800s, utilitarian philosophers such as John Stuart Mill said that justice is based on the best outcomes for the greatest n ...
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