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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] |
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] |
Right To Counsel
In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions. Of the 194 constitutions currently in force, 153 have language to this effect. Around the world Australia In Australia, suspects and defendants have the right to have legal representation during investigation and trial. Australian law does not recognize a right to publicly-funded legal defense, but does recognize that in the absence of counsel the accused may not receive a fair trial as mandated by law. Only the states of Victoria and New South Wales have dedicated public defender systems. Courts have t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 solicitor s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rainer Knopff
Rainer Knopff is a writer, professor of political science at the University of Calgary, Canada, and member of a group known as the Calgary School. He especially well known for his views about the influence of judicial decisions on Canadian public policy. In 2010, Knopff was appointed by the then Prime Minister Stephen Harper to the Governor General Consultation Committee, a special committee to recommend a successor to Governor General of Canada Michaëlle Jean. The panel recommended David Johnston who was installed as viceroy on October 1, 2010. Affiliations Rainer Knopff is often described as a member of the Calgary School, which includes a group of conservatively inclined professors at the University of Calgary, such as Barry Cooper, F.L.(Ted) Morton, Tom Flanagan (political scientist) and history professor David Bercuson who are strongly committed to strategic and direct influence on public affairs with a long term vision. "There are tensions between the socially conservativ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Penumbra
The umbra, penumbra and antumbra are three distinct parts of a shadow, created by any light source after impinging on an opaque object. Assuming no diffraction, for a collimated beam (such as a point source) of light, only the umbra is cast. These names are most often used for the shadows cast by celestial bodies, though they are sometimes used to describe levels, such as in sunspots. Umbra The umbra (Latin for "shadow") is the innermost and darkest part of a shadow, where the light source is completely blocked by the occluding body. An observer within the umbra experiences a total eclipse. The umbra of a round body occluding a round light source forms a right circular cone. When viewed from the cone's apex, the two bodies appear the same size. The distance from the Moon to the apex of its umbra is roughly equal to that between the Moon and Earth: . Since Earth's diameter is 3.7 times the Moon's, its umbra extends correspondingly farther: roughly . Penumbra The pe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hogan V
A hogan ( or ; from Navajo ' ) is the primary, traditional dwelling of the Navajo people. Other traditional structures include the summer shelter, the underground home, and the sweat house. A hogan can be round, cone-shaped, multi-sided, or square; with or without internal posts; timber or stone walls and packed with earth in varying amounts or a bark roof for a summer house, with the door facing east to welcome the rising sun for wealth and good fortune. Today, while some older hogans are now still used as dwellings and others are maintained for ceremonial purposes, new hogans are rarely intended as family dwellings. Traditional structured hogans are also considered pioneers of energy efficient homes. Using packed mud against the entire wood structure, the home was kept cool by natural air ventilation and water sprinkled on the dirt ground inside. During the winter the fireplace kept the inside warm well into the night. This concept is called thermal mass. Modern application ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Bill Of Rights
The ''Canadian Bill of Rights'' (french: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian common law.Joseph E. Magnet''Constitutional Law of Canada'', 8th ed., Part VI, Chapter 1 Juriliber, Edmonton (2001). URL accessed on March 18, 2006. The ''Canadian Bill of Rights'' remains in effect but is widely acknowledged to be limited in its effectiveness because it is a federal statute only, and so not directly applicable to provincial laws. These legal and constitutional limitations were a significant reason that the ''Canadian Charter of Rights and Freedoms'' was established as an unambiguously-constitutional-level Bill of Rights for all Cana ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. This article describes the development of legal aid and its principles, primarily as known in Europe, the Commonwealth of Nations and in the United States. Legal aid is essential to guaranteeing equal access to justice for all, as provided for by Article 6.3 of the European Convention on Human Rights regarding criminal law cases. Especially for citizens who do not have sufficient financial means, the provision of legal aid to clients by governments increases the likelihood, within court proceedings, of being assisted by legal professionals for free or at a lower cost, or of receiving financial aid. A number of delivery models for legal aid have emerged, including duty lawyers, community legal clinic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intelligence Quotient
An intelligence quotient (IQ) is a total score derived from a set of standardized tests or subtests designed to assess human intelligence. The abbreviation "IQ" was coined by the psychologist William Stern for the German term ''Intelligenzquotient'', his term for a scoring method for intelligence tests at University of Breslau he advocated in a 1912 book. Historically, IQ was a score obtained by dividing a person's mental age score, obtained by administering an intelligence test, by the person's chronological age, both expressed in terms of years and months. The resulting fraction (quotient) was multiplied by 100 to obtain the IQ score. For modern IQ tests, the raw score is transformed to a normal distribution with mean 100 and standard deviation 15. This results in approximately two-thirds of the population scoring between IQ 85 and IQ 115 and about 2.5 percent each above 130 and below 70. Scores from intelligence tests are estimates of intelligence. Unlike, for example, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Latimer
Robert William Latimer (born March 13, 1953) is a Canadian canola and wheat farmer who was convicted of second-degree murder in the death of his daughter Tracy (November 23, 1980 – October 24, 1993). This case sparked a national controversy on the definition and ethics of euthanasia as well as the rights of people with disabilities, and led to two Supreme Court decisions, '' R. v. Latimer'' (1997), on section 10 of the Canadian Charter of Rights and Freedoms, and later '' R. v. Latimer'' (2001), on cruel and unusual punishments under section 12 of the Charter. Latimer was released on day parole in March 2008 and was granted full parole in December 2010. Farm and family Before his imprisonment, Latimer lived near Wilkie, Saskatchewan, on a wheat and canola farm with his wife, Laura, and their four children. Tracy Latimer Tracy Latimer was born November 23, 1980. An interruption in Tracy's supply of oxygen during the birth caused cerebral palsy, leading to severe mental and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
