R V Latimer (1997)
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R V Latimer (1997)
''R v Latimer'', 9971 SCR 217, was a decision by the Supreme Court of Canada in the controversial case of Robert Latimer, a Saskatchewan farmer convicted of murdering his disabled daughter Tracy. The case involved consideration of arbitrary detention under section 9 of the ''Canadian Charter of Rights and Freedoms'' and rights to an explanation for detention and rights to counsel under section 10. The Supreme Court ultimately overturned Latimer's conviction due to the Crown's improper actions at the jury selection stage. As a result, the decision was the first given by the Supreme Court in the Latimer case, the second being ''R v Latimer'' on cruel and unusual punishment under section 12 of the ''Charter''. Background Latimer, who had poisoned his 12-year-old quadriplegic daughter with carbon monoxide in 1993, became the target of the police's suspicion after Tracy's autopsy. The police then visited Latimer's farm and detained him. The police had said they wanted to talk with M ...
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Court Of Appeal For Saskatchewan
The Court of Appeal for Saskatchewan (SKCA) is a Canadian appellate court. Jurisdiction and structure The Saskatchewan Court of Appeal is the highest court in the province of Saskatchewan, Canada. There are 8 official judicial positions, including the Chief Justice, who make up the Court of Appeal. At any given time there may be one or more additional justice siting as supernumerary justices. The Court is governed by ''The Court of Appeal Act, 2000'', which sets out the composition and jurisdiction of the Court. It hears appeals from the Court of King's Bench for Saskatchewan, the Provincial Court of Saskatchewan and a number of administrative tribunals. The Court is based in Regina, Saskatchewan and consists of the Chief Justice - styled the "Chief Justice of Saskatchewan". Justices of the Saskatchewan Court of Appeal are appointed and paid by the federal government. Most cases are heard by a panel of three justices, however, the Court sits with panels of five or seven from ...
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Royal Canadian Mounted Police
The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal police, federal and national police service of Canada. As police services are the constitutional responsibility of provinces and territories of Canada, the RCMP's primary responsibility is the enforcement of federal criminal law, and sworn members of the RCMP have jurisdiction as a Law enforcement officer, peace officer in all provinces and territories of Canada.Royal Canadian Mounted Police Act', RSC 1985, c R-10, s 11.1. However, the service also provides police services under contract to eight of Canada's Provinces and territories of Canada#Provinces, provinces (all except Ontario and Quebec), all three of Canada's Provinces and territories of Canada#Territories, territories, more than 150 municipalities, and 600 Indigenous peoples in Canada, Indigenous communities. In addition to en ...
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1997 In Canadian Case Law
File:1997 Events Collage.png, From left, clockwise: The movie set of ''Titanic'', the highest-grossing movie in history at the time; ''Harry Potter and the Philosopher's Stone'', is published; Comet Hale-Bopp passes by Earth and becomes one of the most observed comets of the 20th century; Golden Bauhinia Square, where sovereignty of Hong Kong is handed over from the United Kingdom to the People's Republic of China; the 1997 Central European flood kills 114 people in the Czech Republic, Poland, and Germany; Korean Air Flight 801 crashes during heavy rain on Guam, killing 229; Mars Pathfinder and Sojourner land on Mars; flowers left outside Kensington Palace following the death of Diana, Princess of Wales, in a car crash in Paris., 300x300px, thumb rect 0 0 200 200 Titanic (1997 film) rect 200 0 400 200 Harry Potter rect 400 0 600 200 Comet Hale-Bopp rect 0 200 300 400 Death of Diana, Princess of Wales rect 300 200 600 400 Handover of Hong Kong rect 0 400 200 600 Mars Pathfind ...
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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 ...
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Disability Rights
The disability rights movement is a global social movement that seeks to secure equal opportunities and equal rights for all people with disabilities. It is made up of organizations of disability activists, also known as disability advocates, around the world working together with similar goals and demands, such as: accessibility and safety in architecture, transportation, and the physical environment; equal opportunities in independent living, employment equity, education, and housing; and freedom from discrimination, abuse, neglect, and from other rights violations. Disability activists are working to break institutional, physical, and societal barriers that prevent people with disabilities from living their lives like other citizens. Disability rights is complex because there are multiple ways in which a person with a disability can have their rights violated in different socio-political, cultural, and legal contexts. For example, in modern times, a common barrier that ...
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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 ...
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Duty Counsel
A duty solicitor, duty counsel, or duty lawyer, is a solicitor whose services are available to a person either suspected of, or charged with, a criminal offence free of charge, if that person does not have access to a solicitor of their own and usually if it is judged by a means test that they cannot afford one. The system is operative in several Commonwealth countries, including the United Kingdom, Australia, New Zealand and Canada. These solicitors are generally in private practice, in contrast to the public defender system in the United States where an attorney employed directly by the state will be assigned to handle the case from pre-trial to potentially appeal. Similar schemes in the UK are the Public Defender Service in a few centres across England and Wales, and the Public Defence Solicitors' Office for Scotland. United Kingdom England and Wales In England and Wales, there are two duty solicitor schemes, which operate in parallel. The police station duty solicito ...
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R V Bartle
''R v Bartle'', 9943 SCR 173 is a leading Supreme Court of Canada decision on the right to retain and instruct counsel under section 10(b) of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''"). The Court held that a police officer is required to hold off on his or her investigation upon arresting an individual until the detainee has been informed of his or her rights and given sufficient information and access to contact a private lawyer or duty counsel. The case applied the earlier Supreme Court of Canada decision '' R v Brydges''. The judgment was released with three other decisions: ''R v Pozniak'', ''R v Harper'', ''R v Matheson'' and ''R v Prosper''. Background Police investigation On 22 June 1991, Kenneth Bartle was arrested for impaired operation of a motor vehicle. The police officer then read the following to Bartle from a pre-printed card: You have the right to retain and instruct counsel without delay. You have the right to telephone any lawyer that you ...
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Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that ...
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Antonio Lamer
Joseph Antonio Charles Lamer (July 8, 1933 – November 24, 2007) was a Canadian lawyer, jurist and the 16th Chief Justice of Canada. Career Lamer practised in partnership at the firm of Cutler, Lamer, Bellemare and Associates and was a full professor in the Faculty of Law, Université de Montréal, where he was also a lecturer in criminology. On December 19, 1969, at the age of 36, he was appointed to the Quebec Superior Court and to the Queen's Bench (Crown Side) of the province of Quebec. In 1978, he was elevated to the Quebec Court of Appeal and was appointed to the Supreme Court of Canada in 1980. Brian Mulroney named Lamer as Chief Justice on July 1, 1990. On January 7, 2000, Lamer took an unexpected early retirement after having served as chief justice for ten years. Several years after his death, former judges spoke about the situation surrounding his retirement. According to a 2011 article in ''The Globe and Mail'', in February 1999, a "delegation of three veteran ju ...
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Chief Justice Of Canada
The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court system. The ''Supreme Court Act'' makes the chief justice, a Crown in Council appointment, meaning the Crown acting on the advice of the prime minister and minister of justice. The chief justice serves until they resign, turn 75 years old, die, or are removed from office for cause. By tradition, a new chief justice is chosen from among the court's incumbent puisne justices. The chief justice has significant influence in the procedural rules of the Court, presides when oral arguments are held, and leads the discussion of cases among the justices. The chief justice is also deputy governor general, ''ex-officio'' chairman of the Canadian Judicial Council, and heads the committee that selects recipients of the Order of Canada. Additionally, a ...
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Saskatchewan Court Of Appeal
The Court of Appeal for Saskatchewan (SKCA) is a Canadian appellate court. Jurisdiction and structure The Saskatchewan Court of Appeal is the highest court in the province of Saskatchewan, Canada. There are 8 official judicial positions, including the Chief Justice, who make up the Court of Appeal. At any given time there may be one or more additional justice siting as supernumerary justices. The Court is governed by ''The Court of Appeal Act, 2000'', which sets out the composition and jurisdiction of the Court. It hears appeals from the Court of King's Bench for Saskatchewan, the Provincial Court of Saskatchewan and a number of administrative tribunals. The Court is based in Regina, Saskatchewan and consists of the Chief Justice - styled the "Chief Justice of Saskatchewan". Justices of the Saskatchewan Court of Appeal are appointed and paid by the federal government. Most cases are heard by a panel of three justices, however, the Court sits with panels of five or seven from ...
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