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R V Sinclair
''R v Sinclair'' is a leading case from the Supreme Court of Canada on a detainee's right to counsel under section 10(b) of the ''Canadian Charter of Rights and Freedoms. Specifically, the case addresses two issues regarding the police's implementation duty under the right to counsel: 1) does a detainee have the right to have a lawyer present during police questioning, and 2) does a detainee have the right to make multiple phone calls to their lawyer. A majority of the Court answered the first question in the negative, and answered the second question in the negative, subject to a change of circumstances. The parties to the case were the appellant, Sinclair, the respondent, the Attorney General of British Columbia, and the following interveners: the Attorney General of Ontario, the Director of Public Prosecutions of Canada, the Criminal Lawyers' Association of Ontario, the British Columbia Civil Liberties Association, and the Canadian Civil Liberties Association. The case was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Oickle
''R v Oickle'', 2000 SCC 38 is a leading case decided by the Supreme Court of Canada on the common law rule for confessions. Though the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") remains in force for confessions made while in custody, the common law rule still applies in all circumstances. The majority outlined factors to determine whether a confession is voluntary. Background Richard Oickle was under investigation by police for a series of fires. He voluntarily underwent a polygraph test. The police told him he had failed and began to question him. He eventually confessed to starting the fires. Oickle was told he was under arrest and brought to the police station for further questioning. He was put in a cell near 3am, around nine hours after his confession. The police talked to him again at 6am asking him to provide a re-enactment, which he did. At trial, he was convicted of arson. The Court of Appeal found that the confession was inadmissible and overturned the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law Of Canada
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the ''Constitution Act, 1867''. Most criminal laws have been codified in the ''Criminal Code'', as well as the ''Controlled Drugs and Substances Act'', ''Youth Criminal Justice Act'' and several other peripheral statutes. Prosecution In all Canadian provinces and territories, criminal prosecutions are brought in the name of the " King in Right of Canada". A person may be prosecuted criminally for any offences found in the ''Criminal Code'' or any other federal statute containing criminal offences. There are two basic types of offences. The most minor offences are summary conviction offences. They are defined as "summary" within the Act and, unless otherwise stated, are punishable by a fine of no more than $5,000 and/or 6 months in jail. Examples of offences which are always summary offences include trespassin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Grant
''R v Grant'', 2009 SCC 32 is a leading decision of the Supreme Court of Canada on section 9, section 10 and section 24(2) of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''"). The Court created a number of factors to consider when determining whether a person had been detained for the purpose of sections 9 and 10 of the ''Charter''. The Court also created a new test for determining whether evidence obtained by a ''Charter'' breach should be excluded under section 24(2) of the ''Charter'', replacing the ''Collins'' test. Background Three Toronto police officers were patrolling a school area known for a high crime rate for the purposes of monitoring the area and maintaining a safe student environment. Police observed Donnohue Grant in the area, acting suspiciously. A uniformed police officer went to speak to Mr. Grant, asked him what was going on and asked him for his name and address. Mr. Grant handed over his identification and continued acting nervously. He went t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police Lineup
A police lineup (in American English) or identity parade (in British English) is a process by which a crime victim or witness's putative identification of a suspect is confirmed to a level that can count as evidence (law), evidence at trial. The suspect, along with several "fillers" or "foils"—people of similar height, build, and complexion who may be prisoners, actors, police officers, or volunteers—stand side-by-side, both facing and in profile. There is crucial information that should be conveyed to the eyewitness prior to viewing the lineup. It is necessary to inform the eyewitness that it is possible the perpetrator is not present in the lineup. The eyewitness should also be told that they do not have to choose one of the people from the lineup. Including these details has shown to result in fewer misidentifications. The lineup sometimes takes place in a room for the purpose, one which may feature a one-way mirror to allow a witness to remain anonymous, and may include ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Polygraph
A polygraph, often incorrectly referred to as a lie detector test, is a device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked and answers a series of questions. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can be differentiated from those associated with non-deceptive answers; however, there are no specific physiological reactions associated with lying, making it difficult to identify factors that separate those who are lying from those who are telling the truth. In some countries, polygraphs are used as an interrogation tool with criminal suspects or candidates for sensitive public or private sector employment. US law enforcement and federal government agencies such as the FBI, DEA, CIA, NSA, and many police departments such as the LAPD and the Virginia State Police use polygraph examinatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Singh
''R v Singh'', , is a leading decision of the Supreme Court of Canada on the constitutional right to silence and the confessions rule. External links * Supreme Court of Canada cases 2007 in Canadian case law {{Canada-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morris Fish
Morris Jacob Fish, (born November 16, 1938) was a judge of the Supreme Court of Canada from 2003 to 2013. Born in Montreal, Quebec, the son of Aaron S. Fish and Zlata Grober, he received a Bachelor of Arts (with distinction) in 1959 and a Bachelor of Law (first class honours) in 1962 from McGill University (where he was selected as the Articles Editor for the ''McGill Law Journal''). Upon graduation from law school, he was awarded the Greenshields Prize, the Crankshaw Prize for Highest Standing in Criminal Law and the Macdonald Travelling Scholarship. He practiced law mostly in Quebec for the law firm Cohen, Leithman, Kaufman, Yarosky & Fish which later became Yarosky, Fish, Zigman, Isaacs & Daviault between 1967 and 1989. He also lectured at a number of Canadian law schools. His expertise in practice and teaching was criminal law. He was appointed to the Quebec Court of Appeal on June 30, 1989 and was elevated to the Supreme Court of Canada on August 5, 2003, replacing Charles Go ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louis LeBel
Louis LeBel (born November 30, 1939) is a former puisne justice of the Supreme Court of Canada. He served on the Court from 2000 to 2014. LeBel was born in Quebec City. He is the son of lawyer Paul LeBel, Q.C. He went to school at the Collège des Jésuites, graduating with a BA in 1958. LeBel earned his law degree at Université Laval in 1962 and went on to get an LL.M from the University of Toronto in 1966. He was a top student, winning the Governor General's medal, the Lieutenant General's medal and the Tessier silver medal. He was called to the bar in 1962 and practised in Quebec City in several firms until 1984. During this period he taught at the University of Ottawa and Université Laval. On June 28, 1984, he was appointed directly to the Quebec Court of Appeal. He stayed on the Court until he was appointed by Jean Chrétien to the Supreme Court in 2000. He is married to Louise Poudrier since August 28, 1965. His wife is also a lawyer and taught at Université Laval u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
