R V Jordan (2016)
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R V Jordan (2016)
''R. v. Jordan'' was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 months in other cases. Background Section 11 of the Canadian Charter of Rights and Freedoms states that Prior to this ruling, a contextual framework set out in '' R v Morin'' was used. Barrett Richard Jordan was arrested in December 2008 and charged with various offences relating to possession and trafficking. He was released with restrictive bail conditions in February 2009. The preliminary inquiry was set to occur in May 2010, but there was not enough time for the Crown to present all its evidence, so further dates were set throughout 2010 and 2011. In May 2011, Jordan was committed to stand ...
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British Columbia Court Of Appeal
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 supernumerary justices. All justices of the BCCA (including the position of C ...
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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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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ...
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Preliminary Hearing
Within some criminal justice, criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer. Canada In Canada, a preliminary hearing is sometimes referred to as a preliminary inquiry. During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial. Preliminary inquiries are only held when a person is charged with an indictable offence. The Crown Attorney may call witnesses. If there is not enough evidence, the court will dismiss the charge(s). In the aftermath of the R v Jordan (2016), 2016 Jordan decision, in which the Supreme Court of Canada imposed time limits on the Crown to bring criminal cases to trial, the Crown has started to use the I ...
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McCarthy Tétrault
McCarthy Tétrault LLP is a leading Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City, London (UK), as well as New York City. McCarthy Tétrault LLP is a Seven Sisters (law firms). Among the Seven Sisters, the reigning top players are McCarthy Tetrault LLP, Stikeman Elliott LLP, Osler Hoskin & Harcourt LLP and Blake Cassels & Graydon LLP. McCarthy Tétrault is the only law firm listed in the Report on Business Top 25 Best B2B Brands by ''The Globe and Mail'' in 2021, and it has the second strongest law firm brand in Canada according to ''Thomson Reuters’'' Regional Law Firm Brand Indexes 2021. The firm represents Canadian and international clients, including major public institutions, financial services organizations, mining companies, manufacturers, pharmaceutical companies and other corporations. ...
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R V Morin
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Ireland ''or'' . The letter is the eighth most common letter in English and the fourth-most common consonant (after , , and ). The letter is used to form the ending "-re", which is used in certain words such as ''centre'' in some varieties of English spelling, such as British English. Canadian English also uses the "-re" ending, unlike American English, where the ending is usually replaced by "-er" (''center''). This does not affect pronunciation. Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as F, L, M, N and S. This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many ...
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Supreme Court Of British Columbia
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) Supremo may refer to: * ''Supremo'' (film), a 2012 Filipino biographical film about Andrés Bonifacio * ''Supremo'' (album), a 2011 album by Chino y Nacho * Supremo (c ...
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Michael Moldaver
Michael Moldaver (born December 23, 1947) is a former Canadian judge. He was a puisne justice on the Supreme Court of Canada from his 2011 appointment by former Prime Minister Stephen Harper until his retirement in 2022. Before his elevation to the nation's top court, he served as a judge at the Ontario Superior Court of Justice and the Court of Appeal for Ontario for over 20 years. A former criminal lawyer, Moldaver is considered an expert in both Canadian criminal law and the ''Canadian Charter of Rights and Freedoms''. Early life and education Moldaver was born on December 23, 1947 in Peterborough, Ontario. He is the youngest of Irving Moldaver and Ruth Moldaver's three sons. Moldaver's father, Irving, was a Jewish Russian immigrant to Peterborough who worked as a scrap metal dealer; Ruth Moldaver's family ran a clothing store. Moldaver's maternal grandfather was also Peterborough's first rabbi. As his parents did not have the opportunity to receive a formal education, they ...
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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 ...
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Russell Brown (judge)
Russell S. Brown (born September 15, 1965) is a Puisne judge, puisne justice of the Supreme Court of Canada. He was nominated by Prime Minister of Canada, Prime Minister Stephen Harper to replace outgoing justice Marshall Rothstein and has been serving in the role since August 31, 2015. Prior to his appointment to the Supreme Court, he was a justice at the Court of Appeal of Alberta, Alberta Court of Appeal, and before that a law professor at the University of Alberta. Early life and education Brown has a Bachelor of Arts degree from the University of British Columbia in 1987 and a Bachelor of Laws degree from the University of Victoria in 1994. He also has a Master of Laws degree in 2003 and a Doctor of Juridical Science degree both from the University of Toronto in 2006. Career Brown was admitted to the Bar of British Columbia in 1995 and to the Bar of Alberta in 2008. Before being appointed a judge he was associate counsel to Miller Thomson LLP and an Associate Professor a ...
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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 ...
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Indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, an offence that requires an indictment. Australia Section 80 of the Constitution of Australia provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The High Court of Australia has consistently used a narrow interpretation of this clause, allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''Crimes Act 1914'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears". Canada A direct indictment is one in which the ca ...
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