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R V Seaboyer
''R v Seaboyer'', 9912 S.C.R. 577 is a leading Supreme Court of Canada decision where the Court struck-down a rape-shield provision of the Criminal Code as it violated the right to "full answer and defence" under sections 7 and 11(d) of the ''Canadian Charter of Rights and Freedoms''. The case was decided with ''R v Gayme''. Justice McLachlin, for the majority, found that Section 276 of the Criminal Code that prevented those charged with sexual assault offences from cross-examining the complainant about his or her history of sexual activity, could, in some instances, exclude relevant evidence thus impeding the accused's ability to make full answer and defence. Justice L'Heureux-Dubé, in dissent, found that the ''Code'' provision just excluded evidence that would be irrelevant and prejudicial to the integrity and fairness of the trial process. See also * List of Supreme Court of Canada cases (Lamer Court) * R v O'Connor * R v Mills (1999) :''See R v Mills (other) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases (Lamer Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada to his retirement. 19901994 19951999 See also * 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 (1990-2000) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rape In Canada
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term ''rape'' is sometimes used interchangeably with the term ''sexual assault.'' The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1991 In Canadian Case Law
File:1991 Events Collage.png, From left, clockwise: Boris Yeltsin, elected as Russia's first president, waves the new flag of Russia after the 1991 Soviet coup d'état attempt, orchestrated by Soviet hardliners; Mount Pinatubo erupts in the Philippines, making it the second-largest volcanic eruption of the 20th century; MTS Oceanos sinks off the coast of South Africa, but the crew notoriously abandons the vessel before the passengers are rescued; Dissolution of the Soviet Union: The Soviet flag is lowered from the Kremlin for the last time and replaced with the flag of the Russian Federation; The United States and soon-to-be dissolved Soviet Union sign the START I Treaty; A tropical cyclone strikes Bangladesh, killing nearly 140,000 people; Lauda Air Flight 004 crashes after one of its thrust reversers activates during the flight; A United States-led coalition initiates Operation Desert Storm to remove Iraq and Saddam Hussein from Kuwait, 300x300px, thumb rect 0 0 ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Mills (1999)
:''See R v Mills (other) for other cases by same name'' ''R v Mills'', 9993 S.C.R. 668 is a leading Supreme Court of Canada decision where the Court upheld the newly enacted rape shield law when challenged as a violation to section 7 and 11(d) of the Canadian Charter of Rights and Freedoms. The rape shield law was the second of its type, the first having been struck down in '' R. v. Seaboyer''. Accordingly, this case is often cited as an example of judicial dialogue. Background Mills was an accused charged with sexual assault and unlawful sexual touching. Counsel for Mills obtained medical records from a counselling organization, and further sought records from a psychiatrist and the child and adolescent services association. However, during the trial in 1997 the parliament of Canada passed Bill C-46 which introduced sections 278.1 to 278.91 into the Criminal Code which concerned the production of records for sexual offences. Mills challenged the constitutionality of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V O'Connor
''R v O'Connor'', 9954 S.C.R. 411 is a leading Supreme Court of Canada decision on disclosure of medical records. O’Connor was accused of and charged with rape and indecent assault of four women. The Court held that the medical and counselling records of a complainant in a sexual assault case that are held by a third party can be disclosed by order of the judge if they meet two requirements. First, the applicant must establish, without seeing them, that the records are likely to be relevant to the case. Second, the judge must review the records and decide whether to disclose them based on the balancing the right to make full answer and defence, and the right to privacy. The O'Connor involved in the case was Hubert Patrick O'Connor, a Catholic bishop from British Columbia who was found guilty of sex crimes in 1991. See also * List of Supreme Court of Canada cases (Lamer Court) This is a chronological list of notable cases decided by the Supreme Court of Canada The Suprem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claire L'Heureux-Dubé
Claire L'Heureux-Dubé (born September 7, 1927) is a retired Canadian judge who served as a puisne justice on the Supreme Court of Canada from 1987 to 2002. She was the first woman from Quebec and the second woman appointed to this position, after Bertha Wilson. Previously, she had been one of the first woman lawyers to handle divorce cases, and was the first woman appointed as a judge to the Quebec Superior Court and the Quebec Court of Appeal. During L'Heureux-Dubé's time on the country's top court, she earned a reputation as a steadfast feminist and supporter of minority rights. Because roughly 40 percent of the 254 judgements that she wrote were dissents, she became known as the court's "great dissenter". Early life and career L'Heureux-Dubé was born Claire L'Heureux in Quebec City in 1927. She was one of four girls raised by a mother who spent fifty years as a quadriplegic as a result of multiple sclerosis which developed when L'Heureux-Dubé was only nine. L'Heureux-D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rape Shield Law
A rape shield law is a law that limits the ability to introduce evidence or cross-examine rape complainants about their past sexual behaviour. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim. Australia In Australia, all states and mainland territories have rape shield laws that limit the admission of evidence in criminal proceedings where someone is charged with a sexual offence. The principal aims of these laws are to: *prohibit the admission of evidence of a complainant’s sexual reputation; *prevent the use of sexual history evidence to establish the complainant as a ‘type’ of person who is more likely to consent to sexual activity; and *exclude the use of a complainant’s sexual history as an indicator of the complainant’s truthfulness. Canada In Canadian criminal proceedings in respect of a sexual assault, section 276(1) of the ''Criminal Code of Canada'' restricts the admissibility of evidence that the compla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross Examine
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in Ireland, England, Scotland, Australia, Canada, South Africa, India, Hong Kong, and Pakistan). Redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses (may vary by jurisdiction). Variations by jurisdiction In the United States federal Courts, a cross-examining ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021. Early life and education McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were "fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the ''Alberta Law Review'') from the University of Alberta. She was called to the bar of Alberta in 1969, and to th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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