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Smithers V R
''R. v. Smithers'', 9781 S.C.R. 506 is a leading Supreme Court of Canada decision on determining criminal causation in an offence of manslaughter. The Court held that the Crown must show that the accused's acts were a "contributing cause of death outside of the ''de minimis'' range." In practice, this test applied to all criminal offences requiring proof of causation. Background On February 18, 1973, Smithers, a black teen, played in a hockey game against a team including Barrie Cobby, a white teen, in a Mississauga rink. During the game, Smithers was subject to numerous racial slurs by Cobby. Evidence given by numerous witnesses at the trial indicated both had a dislike for each other's behaviour and Cobby had often been using racial slurs toward Smithers. During their final game, Cobby was given a penalty for spearing Smithers during the game while Cobby was in the penalty box Smithers scored a goal and laughed in Cobby's direction. Cobby shouted further racial slurs and Smithers t ... [...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] |
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] |
De Minimis
''De minimis'' is a Latin expression meaning "pertaining to minimal things", normally in the terms ''de minimis non curat praetor'' ("The praetor does not concern himself with trifles") or ''de minimis non curat lex'' ("The law does not concern itself with trifles"), a legal doctrine by which a court refuses to consider trifling matters. Queen Christina of Sweden (r. 1633–1654) favoured the similar Latin adage, ''aquila non capit muscās'' (the eagle does not catch flies). The legal history of ''de minimis'' dates back to the 15th century. The general term has come to have a variety of specialised meanings in various contexts as shown below, which indicate that beneath a certain low level a quantity is regarded as trivial, and treated commensurately. Examples of application of the ''de minimis'' rule Taxation Under U.S. tax rules, the ''de minimis'' rule governs the treatment of small amounts of market discount. Under the rule, if a bond is purchased with a small a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Epiglottis
The epiglottis is a leaf-shaped flap in the throat that prevents food and water from entering the trachea and the lungs. It stays open during breathing, allowing air into the larynx. During swallowing, it closes to prevent aspiration of food into the lungs, forcing the swallowed liquids or food to go along the oesophagus toward the stomach instead. It is thus the valve that diverts passage to either the trachea or the oesophagus. The epiglottis is made of elastic cartilage covered with a mucous membrane, attached to the entrance of the larynx. It projects upwards and backwards behind the tongue and the hyoid bone. The epiglottis may be inflamed in a condition called epiglottitis, which is most commonly due to the vaccine-preventable bacteria ''Haemophilus influenzae''. Dysfunction may cause the inhalation of food, called aspiration, which may lead to pneumonia or airway obstruction. The epiglottis is also an important landmark for intubation. The epiglottis has been identif ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brian Dickson
Robert George Brian Dickson (May 25, 1916 – October 17, 1998) was a Canadian lawyer, military officer and judge. He was appointed a puisne justice of the Supreme Court of Canada on March 26, 1973, and subsequently appointed the 15th Chief Justice of Canada on April 18, 1984. He retired on June 30, 1990. Dickson's tenure as chief justice coincided with the first wave of cases under the new ''Canadian Charter of Rights and Freedoms'' which reached the Supreme Court from 1984 onwards. Dickson wrote several very influential judgments dealing with the ''Charter'' and laid the groundwork for the approach that the courts would take to the ''Charter''. Early life and family Dickson was born to Thomas Dickson and Sarah Elizabeth Gibson, in Yorkton, Saskatchewan, in 1916, although the family lived at that time in Wynyard.M.A. MacPherson, "About Brian, Bill and Me: Regina Collegiate", in DeLloyd J. Guth (ed.), ''Brian Dickson at the Supreme Court of Canada 1973-1990'' (Winnipeg: Canad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goldwyn Arthur Martin
Goldwin Arthur Martin (17 May 191326 February 2001) was a Canadian lawyer and judge who was known as an expert on criminal law. He was a judge of the Court of Appeal for Ontario from 1973 to 1988. Early life and education Martin was born on 17 May 1913 in Huntsville, Ontario. He graduated from Osgoode Hall Law School in 1938 as gold medallist. He was called to the bar of Ontario in June of that year and to the bar of British Columbia in 1950. Career Martin became a defence lawyer in 1940. He represented 60 people charged with murder and none were convicted of murder, although some were convicted of other offences. He was elected treasurer of the Law Society of Upper Canada in 1970. He was appointed to the Court of Appeal for Ontario in 1973, and retired in 1988. John Arnup called Martin "the greatest criminal lawyer this country has produced". As a criminal defender, Martin developed techniques including the use of expert witnesses and the insanity defence. In 1993, M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Larkin
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unintended Consequence
In the social sciences, unintended consequences (sometimes unanticipated consequences or unforeseen consequences) are outcomes of a purposeful action that are not intended or foreseen. The term was popularised in the twentieth century by American sociologist Robert K. Merton and expanded by economist Thomas Sowell and psychologist Stuart Vyse.Robert K. Merton, Versatile Sociologist and Father of the Focus Group, Dies at 92 Michael T. Kaufman, '''' Unintended consequences can be grouped into three types: * ''Unexpected benefit'': ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thin Skull Doctrine
The eggshell rule (also thin skull rule, papier-mâché-plaintiff rule, or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them. Law This rule holds that a tortfeasor is liable for all consequences resulting from their tortious (usually negligent) activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition).. The eggshell skull rule takes into account the physical, social, and economic attributes of the plaintiff which might make them more susceptible to injury.''Nader v Urban Transit Authority of NSW'' (1985) 2 NSWLR 501, Court of Appeal (NSW, Australia) per McHugh JALawCite records. It may also take into accou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases (Laskin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Bora Laskin in 1973 as Chief Justice to his death in office in 1984. Laskin was the first Chief Justice to hear cases under the Charter of Rights and Freedoms implemented in 1982. 19731974 19751979 19801984 See also * List of Judicial Committee of the Privy Council cases * 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 (1973-1984) ... [...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] |
1978 In Canadian Case Law
Events January * January 1 – Air India Flight 855, a Boeing 747 passenger jet, crashes off the coast of Bombay, killing 213. * January 5 – Bülent Ecevit, of Republican People's Party, CHP, forms the new government of Turkey (42nd government). * January 6 – The Holy Crown of Hungary (also known as Stephen of Hungary Crown) is returned to Hungary from the United States, where it was held since World War II. * January 10 – Pedro Joaquín Chamorro Cardenal, a critic of the Nicaraguan government, is assassinated; riots erupt against Anastasio Somoza Debayle, Somoza's government. * January 18 – The European Court of Human Rights finds the British government guilty of mistreating prisoners in Northern Ireland, but not guilty of torture. * January 22 – Ethiopia declares the ambassador of West Germany ''persona non grata''. * January 24 ** Soviet Union, Soviet satellite Kosmos 954 burns up in Earth's atmosphere, scattering debris over Canada's Northwest Territories. ** ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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