|
Section Twenty-four Of The Canadian Charter Of Rights And Freedoms
Section 24 of the ''Canadian Charter of Rights and Freedoms'' provides for remedies available to those whose ''Charter'' rights are shown to be violated. Some scholars have argued that it was actually section 24 that ensured that the ''Charter'' would not have the primary flaw of the 1960 '' Canadian Bill of Rights''. Canadian judges would be reassured that they could indeed strike down statutes on the basis that they contradicted a bill of rights.Dyck, Rand. ''Canadian Politics: Critical Approaches.'' Third ed. (Scarborough, Ontario: Nelson Thomson Learning, 2000), p. 442. Text Under the heading "Enforcement," the section states: Remedies Subsection 24(1) must be distinguished from subsection 52(1) of the ''Constitution Act, 1982''. Whereas section 52 allows the courts to invalidate laws or parts of laws for breaches of the constitution (including the ''Charter''), section 24 has broader capabilities (hindered only by the "appropriate and just" requirement) and can only be in ... [...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] |
Functus Officio
refers to an officer or agency whose mandate has expired, due to either the arrival of an expiry date or an agency having accomplished the purpose for which it was created. When used to describe a court, it can refer to one whose duty or authority has come to an end: "Once a court has passed a valid sentence after a lawful hearing, it becomes and cannot reopen the case." Relationship to doctrine of ' is thus bound up with the doctrine of , which prevents (in the absence of statutory authority) the re-opening of a matter before the same court, tribunal or other statutory actor that rendered the final decision. There are many exceptions; for instance, where a statute authorizes variations of the original decision, the decision maker may revisit his or her previous decision. Common examples include legal competency hearings, parole board hearings and family law proceedings. There is an important difference between and ': the former refers to the end of a case, while the latt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Footnotes
A note is a string of text placed at the bottom of a page in a book or document or at the end of a chapter, volume, or the whole text. The note can provide an author's comments on the main text or citations of a reference work in support of the text. Footnotes are notes at the foot of the page while endnotes are collected under a separate heading at the end of a chapter, volume, or entire work. Unlike footnotes, endnotes have the advantage of not affecting the layout of the main text, but may cause inconvenience to readers who have to move back and forth between the main text and the endnotes. In some editions of the Bible, notes are placed in a narrow column in the middle of each page between two columns of biblical text. Numbering and symbols In English, a footnote or endnote is normally flagged by a superscripted number immediately following that portion of the text the note references, each such footnote being numbered sequentially. Occasionally, a number between brack ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Eight Of The Canadian Charter Of Rights And Freedoms
Section 8 of the ''Canadian Charter of Rights and Freedoms'' protects against unreasonable search and seizure. This right provides those in Canada with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance. Under the heading of legal rights, section 8 states: Any property found or seized by means of a violation of section 8 can be excluded as evidence in a trial under section 24(2). Reasonable expectation of privacy Section 8 does not apply to every search or seizure. Rather, the right focuses on the action being unreasonable on the basis that it violates the expectation of privacy that a reasonable individual would have. Examples The driver of a motor vehicle normally has a reasonable expectation in the contents of that vehicle, although that same expectation does not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Ten Of The Canadian Charter Of Rights And Freedoms
Section 10 of the Canadian Charter of Rights and Freedoms specifies rights upon arrest or detention, including the rights to consult a lawyer and the right to ''habeas corpus''. As a part of a broader range of legal rights guaranteed by the Charter, section 10 rights may be limited by the Oakes test and/or the notwithstanding clause. However, section 10 has also spawned considerable litigation, and has made an impact in numerous cases. Text The section reads: Detention Section 10 is only triggered if a person is arrested or detained. In R v Grant, the Supreme Court stated that "detention" refers to a suspension of an individual's liberty interest by a significant physical or psychological restraint. Psychological detention is established either where the individual has a legal obligation to comply with the restrictive request or demand, or a reasonable person would conclude from the state conduct that there was no choice but to comply. In cases without physical restraint or l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Bill Of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215). Largely because of the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out by anti-feder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusionary Rule
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."Re, Richard"The Due Process Exclusionary Rule: A new textual foundation for a rule in crisis" ''Harvard Law Review'', Vol. 127, p. 1885 (2014). ''See also'"Regarding Re’s Revisionism: Notes on The Due Process Exclusionary Rule" ''Harvard Law Review'', Vol. 127, p. 302 (2014). The e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial (law)
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type of d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cuddy Chicks V
Cuddy may refer to: __NOTOC__ Places in the United States * Cuddy, Pennsylvania, an unincorporated community * Cuddy Valley, California * Cuddy Canyon, California People and fictional characters * Cuddy (surname) * Edward Aburrow Sr. (1714/1715–1763), English cricketer and reported smuggler under the alias Cuddy Other uses * Cuddy (cabin), a small cabin or cupboard, especially on a boat See also *Caddy (other) * St Cuthbert's Cave St Cuthbert's Cave, known locally as Cuddy's Cave or Cove, can refer to one of two natural sandstone caves in Northumberland that have been traditionally associated with Saint Cuthbert, the seventh century Anglo-Saxon monk, bishop and hermit. ..., also known as Cuddy's Cave, Northumberland, England * Cutty (other) {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weber V
Weber (, or ; German: ) is a surname of German origin, derived from the noun meaning " weaver". In some cases, following migration to English-speaking countries, it has been anglicised to the English surname 'Webber' or even 'Weaver'. Notable people with the surname include: Disambiguation of common given names with this surname * Arthur Weber (other), several people * Ben Weber (other), several people * Bruce Weber (other), several people * Bruno Weber (other), several people * Carl Weber (other), several people * Charlie Weber (other), several people * Charles Weber (other), several people * Christiane Weber (other), several people * David Weber (other), several people * Ernst Weber (other), several people * Friedrich Weber (other), several people * Georg Weber (other), several people * George Weber (other), several people * Gerard Weber (disambigu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
