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R. V. Kapp
''R v Kapp'', 2008 SCC 41, is a Supreme Court of Canada decision that held that a communal fishing license granted exclusively to Aboriginal peoples in Canada, Aboriginals did not violate Section Fifteen of the Canadian Charter of Rights and Freedoms, Section 15 of the ''Canadian Charter of Rights and Freedoms''. The case stemmed from an appeal by John Michael Kapp and a group of non-aboriginal commercial fishers who staged a "protest" fishery with the intention of being charged by law enforcement and challenging the constitutional status of an exclusive Aboriginal peoples in Canada, Aboriginal commercial fishing license. The Supreme Court dismissed the appeal based on the understanding that a distinction made on the basis of an enumerated or analogous ground in a government program would not constitute discrimination under Section 15 if the program met a two part test under Section 15(2): (1) it had an ameliorative or remedial purpose, and (2) it targeted a Disadvantaged#Economi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Provincial Court Of British Columbia
The Provincial Court of British Columbia (BC Provincial Court) is a trial level court in British Columbia that hears cases in criminal, civil and family matters. The Provincial Court is a creation of statute, and as such its jurisdiction is limited to only those matters over which is permitted by statute. It has no inherent jurisdiction, other than to the limited degree in which it may control its own procedures. Its caseload falls into one of four main categories: criminal and youth matters; family matters; small claims matters; and traffic and bylaw matters. In criminal matters, it is a trial court for all summary conviction offences. For indictable criminal offences, it can be a trial court if an accused person elects to have his or her trial in that court. When an accused charged with an indictable offence elects trial by a superior court (the British Columbia Supreme Court), his preliminary inquiry will be held in the Provincial Court. The court will also deal wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Substantive Equality
Substantive equality is a substantive law on human rights that is concerned with equality of outcome for disadvantaged and marginalized people and groups and generally all subgroups in society."What is substantive equality?" (PDF). Equal Opportunity Commission, Government of Western Australia. November 2014. Retrieved 28 October 2018. Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing systemic discrimination.Mitchell, Ben (2015). Process Equality, Substantive Equality and Recognising Disadvantage Constitutional Equality Law. Irish Jurist. 53: 36-57. Substantive equality recognizes that the law must take elements such as discrimination, marginalization, and unequal distribution into account in order to achieve equal results for basic human rights, and access to goods and services. Substantive equality is primarily achieved by implementing special measures in o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Lance Finch
Lance Sydney George Finch, (June 16, 1938August 30, 2020) was a Canadian lawyer and jurist. He was President of the Vancouver Bar Association and a bencher of the Law Society of British Columbia. He was appointed as a judge in 1983 and went on to serve as the Chief Justice of the British Columbia Court of Appeal from 2001 until his retirement on June 16, 2013. Early life Finch was born in Edmonton, Alberta, in 1938. His family moved in 1951 to Victoria, British Columbia, where he attended high school. He enrolled in Victoria College in 1955, went on to earn his undergraduate and law degree at the University of British Columbia, and was called to the bar in 1963. He was a member of the University's rowing team. He articled at Guild, Yule & Company in Vancouver, British Columbia, and became partner in 1968. He was president of the Vancouver Bar Association (1976) and served an appointment as a bencher of the Law Society of British Columbia (from 1981 to 1983). He taught at the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
British Columbia Court Of Appeal
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the Provinces and territories of Canada, province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. Jurisdiction 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. Composition The BCCA consists of 15 justices (including a chief justice) in addition to 9 Supernumerary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Suspended Sentence
A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period and fulfills the particular conditions of the probation, the sentence is usually considered fulfilled. If the defendant commits another offence or breaks the terms of probation, the court can order the sentence to be served, in addition to any sentence for the new offence. Australia In Australia, suspended sentences are commonly imposed in order to alleviate the strain on overcrowded prisons. For example, an individual may be sentenced to a six-month jail term, wholly suspended for six months; if they commit any other offence during that year, the original jail term is immediately applied in addition to any other sentence. As of 1 September, 2014, suspended sentences no longer exist in Victoria, and in its place are community corr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Donald Brenner
Donald I. Brenner (1945 – March 12, 2011) was a Canadian judge who served as the Chief Justice of the Supreme Court of British Columbia from 2000 until he stepped down from the position in 2009. In total Brenner spent more than 20 years as a member of the provincial Supreme Court. The ''Vancouver Sun'' called Brenner "the man who was most responsible for reforming the province's top trial bench." Brenner was born in British Columbia to a World War II veteran and graduated from St. George's School in Vancouver in 1962. He obtained a commercial helicopter pilot's license when he was eighteen years old. He joined Canadian Pacific Airlines in 1966 as a pilot and finished his professional pilot career as a Boeing 737 captain. Brenner obtained a bachelor's degree from the University of British Columbia and enrolled in law school in 1967. He received a law degree from the University of British Columbia Faculty of Law in 1970 and joined the bar in 1971. In 1999, Brenner became ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Economic Appraisal
Economic appraisal is a type of decision method applied to a project, programme or policy that takes into account a wide range of costs and benefits, denominated in monetary terms or for which a monetary equivalent can be estimated. Economic appraisal is a key tool for achieving value for money and satisfying requirements for decision accountability. It is a systematic process for examining alternative uses of resources, focusing on assessment of needs, objectives, options, costs, benefits, risks, funding, affordability and other factors relevant to decisions. The main types of economic appraisal are: * Cost–benefit analysis * Cost-effectiveness analysis Cost-effectiveness analysis (CEA) is a form of economic analysis that compares the relative costs and outcomes (effects) of different courses of action. Cost-effectiveness analysis is distinct from cost–benefit analysis, which assigns a monetar ... * Scoring and weightingEconomic Appraisal Vademecum 2021–2027', p. 60. Ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Fisheries Act
Fisheries Act (with its variations) is a stock short title used for legislation in multiple countries relating to fisheries. The Bill for an Act with this short title will have been known as a Fisheries Bill during its passage through Parliament. Fisheries Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to fisheries. Bangladesh *The Protection and Conservation of Fish Act, 1950 (East Bengal Act XVIII of 1950) * The Protection and Conservation (Amendment) Ordinance (1982) amended version of the Protection and Conservation of Fish Act, 1950 * The Protection and Conservation of Fish Rules (1985) version of the Protection and Conservation of Fish Act, 1950 implemented in 1985 * The Marine Fisheries Ordinance (1983) as implemented by The Marine Fisheries Rules (1983) * The Tanks Improvement Act, 1939 (Bengal Act No. XV of 1939) An act that provides for the improvement of tanks in Bangladesh for purposes of aquacultur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Sockeye Salmon
The sockeye salmon (''Oncorhynchus nerka''), also called red salmon, kokanee salmon, blueback salmon, or simply sockeye, is an anadromous species of salmon found in the Northern Pacific Ocean and rivers discharging into it. This species is a Pacific salmon that is primarily red in hue during spawning. They can grow up to in length and weigh . Juveniles remain in freshwater until they are ready to migrate to the ocean, over distances of up to . Their diet consists primarily of zooplankton. Sockeye salmon are semelparous, dying after they spawn. Some populations, referred to as kokanee, do not migrate to the ocean and live their entire lives in fresh water. Classification and name origin The sockeye salmon is the third-most common Pacific salmon species, after pink and chum salmon. ''Oncorhynchus'' comes from Ancient Greek ὄγκος (''ónkos''), meaning "bend", and ῥύγχος (''rhúnkhos''), meaning "snout". The specific name ''nerka'' is the Russian name for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Pilot Program
A pilot experiment, pilot study, pilot test or pilot project is a small-scale preliminary study conducted to evaluate feasibility, duration, cost, adverse events, and improve upon the study design prior to performance of a full-scale research project. Implementation Pilot experiments are frequently carried out before large-scale quantitative research, in an attempt to avoid time and money being used on an inadequately designed project. A pilot study is usually carried out on members of the relevant population. A pilot study is used to formulate the design of the full-scale experiment which then can be adjusted. The pilot study is potentially a critical insight to clinical trial design, recruitment and sample size of participants, treatment testing, and statistical analysis to improve the power of testing the hypothesis of the study. Analysis from the pilot experiment can be added to the full-scale (and more expensive) experiment to improve the chances of a clear outcome. A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Fisheries Management
The management of fisheries is broadly defined as the set of tasks which guide vested parties and managers in the optimal use of aquatic renewable resources, primarily fish. According to the Food and Agriculture Organization of the United Nations (FAO) in the 2001 Guidebook to Fisheries Management there is currently "no clear and generally accepted definitions of fisheries management".FAO (1997Fisheries ManagementSection 1.2, Technical Guidelines for Responsible Fisheries. FAO, Rome. Instead, the authors use a working definition, such that fisheries management is:The integrated process of information gathering, analysis, planning, consultation, decision-making, allocation of resources and formulation and implementation, with necessary law enforcement to ensure environmental compliance, of regulations or rules which govern fisheries activities in order to ensure the continued productivity of the resources and the accomplishment of other fisheries objectives. The goal of fisherie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
R V Sparrow
''R v Sparrow'', 9901 S.C.R. 1075 was an important decision of the Supreme Court of Canada concerning the application of Aboriginal rights under section 35(1) of the Constitution Act, 1982. The Court held that Aboriginal rights, such as fishing, in existence in 1982 are protected under the Constitution of Canada and so they cannot be infringed without justification on account of the government's fiduciary duty to the Aboriginal peoples of Canada. Background Ronald Edward Sparrow, a member of the Musqueam Band, was caught fishing with a drift net in length, longer than permitted by the band's fishing licence under the Fisheries Act of 1985. Sparrow admitted to all the facts in the charge but justified them on the ground that he was exercising his Aboriginal right to fish under section 35(1) of the Constitution Act, 1982. At trial, the judge found that section 35 protected only existing treaty rights and that there was no inherent right to fish. An appeal to the County Court was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
