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Fundamental Justice
In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the legal system ought fairly to operate", per '' R v Malmo-Levine''. These principles may stipulate basic procedural rights afforded to anyone facing an adjudicative process or procedure that affects fundamental rights and freedoms, and certain substantive standards related to the rule of law that regulate the actions of the state (e.g., the rule against unclear or vague laws). The degree of protection dictated by these standards and procedural rights vary in accordance with the precise context, involving a contextual analysis of the affected person's interests. In other words, the more a person's rights or interests are adversely affected, the more procedural or substantive protections must be afforded t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security Of The Person
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world. In general, the right to the security of one's person is associated with liberty and includes the right, if one is imprisoned unlawfully, to a remedy such as ''habeas corpus''. Security of person can also be seen as an expansion of rights based on prohibitions of torture and cruel and unusual punishment. Rights to security of person can guard against less lethal conduct, and can be used in regard to prisoners' rights. United Nations The right to security of the person is guaranteed by Article 3 of the ''Universal Declaration of Human Rights''. In this article, it is combined with the right to life and liberty. In full, the article reads, "Everyon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re B
Re or RE may refer to: Geography * Re, Norway, a former municipality in Vestfold county, Norway * Re, Vestland, a village in Gloppen municipality, Vestland county, Norway * Re, Piedmont, an Italian municipality * Île de Ré, an island off the west coast of France ** Le Bois-Plage-en-Ré, a commune on that island * Re di Anfo, a torrent (seasonal stream) in Italy * Re di Gianico, Re di Niardo, Re di Sellero, and Re di Tredenus, torrents in the Val Camonica * Réunion (ISO 3166-1 code), a French overseas department and island in the Indian Ocean Music * Re, the second syllable of the scale in solfège ** Re, or D (musical note), the second note of the musical scale in ''fixed do'' solfège * Re: (band), a musical duo based in Canada and the United States Albums * ''Re'' (Café Tacuba album) * ''Re'' (Les Rita Mitsouko album) * ''Re.'' (Aya Ueto album) * ''Re:'' (Kard EP) Other media * Resident Evil, popular video game franchise of survival horror * ''...Re'' (film), a 201 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Hogg
Peter Wardell Hogg (12 March 1939 – 4 February 2020) was a New Zealand-born Canadian legal scholar and lawyer. He was best known as a leading authority on Canadian constitutional law, with the most academic citations in Supreme Court jurisprudence of any living scholar during his lifetime, according to Emmett Macfarlane of the University of Waterloo. Early life and education Born in Lower Hutt, New Zealand, on 12 March 1939, Hogg attended Nelson College from 1952 to 1956. He earned his LLB from Victoria University College, a constituent college of the University of New Zealand, in 1962, his LLM from Harvard University in 1963, and his PhD from Monash University in Melbourne, Australia, in 1970. Career In 1970, he was appointed Professor of Law at Osgoode Hall Law School in Toronto and was appointed Dean in 1998. In 2003 he accepted a position as scholar in residence at the law firm of Blake, Cassels & Graydon LLP. Hogg wrote several books, including ''Constitutional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lochner Era
The ''Lochner'' era is a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". The court did this by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights. The era takes its name from a 1905 case, '' Lochner v. New York''. The beginning of the era is usually marked earlier, with the Court's decision in ''Allgeyer v. Louisiana'' (1897), and its end marked forty years later in the case of '' West Coast Hotel Co. v. Parrish'' (1937), which overturned an earlier ''Lochner''-era decision. The Supreme Court during the ''Lochner'' era has been described as "play nga judicially activist but politically conservative role". The Court sometimes inv ... [...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] |
Human Rights Code (Canadian Federal Law)
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A 'Human Rights Code is a type of law defining minimum human rights in a political jurisdiction, and may refer to: * Human Rights Code (British Columbia) * Human Rights Code (Ontario) The Human Rights Code is a statute in the Provinces and territories of Canada, Canadian province of Ontario that guarantees equality before the law and anti-discrimination law, prohibits discrimination in specific social areas such as housing or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Appeal (Canada)
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada". In 1971, Parliament created the Federal Court of Canada, which consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division. On July 2, 2003, the ''Courts Administration Service Act'' split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court succeeding the Trial Division. Appellate jurisdiction The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada. Original jurisdiction The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in res ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
MacBain V
MacBain may refer to: *Clan MacBain, Scottish clan People: *Al MacBain (1925–2003), Liberal party member of the Canadian House of Commons * Alexander Macbain (1855–1907), Scottish philologist, best known today for ''An Etymological Dictionary of the Gaelic Language'' (1896) *John MacBain John H. McCall MacBain (born ) is a Canadian billionaire businessman and philanthropist who is the founder of the McCall MacBain Foundation and Pamoja Capital SA, its investment arm. Prior to establishing the McCall MacBain Foundation, in the l ..., the founder, president and chief executive officer of ''Trader Classified Media'' * Louise Blouin MacBain, also known as Louise Blouin, (born 1958), French-Canadian magazine publisher and philanthropist * Teresa MacBain, American atheist and activist Geography: * Mount Macbain, prominent Antarctic mountain between the mouths of Cornwall Glacier and Helm Glacier in the Queen Elizabeth Range See also * MacBrayne (other) * MacBrien * McBa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Refugee
A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution.FAQ: Who is a refugee? ''www.unhcr.org'', accessed 22 June 2021 Such a person may be called an asylum seeker until granted refugee status by the contracting state or the United Nations High Commissioner for Refugees (UNHCR) if ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Twenty-six Of The Canadian Charter Of Rights And Freedoms
Section 26 of the Canadian Charter of Rights and Freedoms, like other provisions within the section 25 to 31 bloc, provides a guide in interpreting how the Charter should affect Canadian society. The section's particular role is to address rights not covered by or mentioned in the Charter. The section reads: Purpose As constitutional scholar Peter Hogg notes, this section is analogous to the Ninth Amendment to the United States Constitution, which reads, In other words, section 26 confirms that rights ''not within'' the Charter are nevertheless as real as they would be had the Charter never been enacted. According to Hogg, the purpose of this "cautionary provision" was to confirm pre-Charter rights will persist. Some rights that predate the Charter but cannot be found within it are anchored in the Canadian Bill of Rights and its provincial counterparts, as well as in the common law. The rights to "enjoyment of property" and to have one's rights and obligations determin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jean Beetz
Jean-Marie Philémon Joseph Beetz, , c.r. (March 27, 1927 – September 30, 1991) was a Canadian lawyer, academic and judge from Quebec. He served as a puisne justice of the Supreme Court of Canada from 1974 to 1988. Family and early life Born in Montreal, Quebec, Beetz was the son of Jean Beetz and Jeanne Cousineau.Supreme Court of Canada Biography: Jean Beetz He was the grandson of Johan Beetz, a Canadian naturalist of Belgian origin. Beetz earned a Bachelor of Arts degree in 1947 from the Université de Montréal and a Licentiate of Laws in 1950. He was awarded a Rhodes Scholarship and attended Pembroke College, Oxford, where he received Bachelor of Arts and Master of Arts degrees in 1953. Legal career Beetz was called to the bar in Quebec before leaving for England on his Rhodes Scholarship. On his return to Canada in 1953, he became an assistant professor teaching Canadian constitutional law at the Université de Montréal. He taught there for twenty years, includi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
