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R V Heywood
''R v Heywood'' 1994 3 S.C.R. 761 is a leading Supreme Court of Canada decision on the concept of fundamental justice in section seven of the Charter. The Court found that section 179(1)(b) of the Criminal Code for vagrancy was overbroad and thus violated section 7 and could not be saved under section 1. Background In 1987, Heywood was convicted under section 246.1(1) (now s. 271(1)) of the Criminal Code for sexual assault of children. The conviction made him subject to section 179(1)(b) which prevented certain convicted individuals from loitering. In July 1989, Heywood was arrested in Beacon Hill Park in Victoria for loitering "at or near a playground" under section 179(1). He had been spotted several times previously near the playground carrying a camera with a telephoto lens. Upon arrest the police got a search warrant and found collections of pictures of children at play. At trial, Heywood argued that the law violated section 7, 11(d), 12, and 15 of the Charter. The court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises 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 appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and 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 application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Seven Of The Canadian Charter Of Rights And Freedoms
Section 7 of the ''Canadian Charter of Rights and Freedoms'' is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice. This ''Charter'' provision provides both substantive and procedural rights. It has broad application beyond merely protecting due process in administrative proceedings and in the adjudicative context, and has in certain circumstances touched upon major national policy issues such as entitlement to social assistance and public health care. As such, it has proven to be a controversial provision in the ''Charter''. Text Under the heading of "Legal Rights", the section states: Application The wording of section 7 says that it applies to "everyone". This inc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Code (Canada)
The ''Criminal Code'' () is a law of the Parliament of Canada that codifies most, but not all, criminal offences and criminal procedure in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ). It is indexed in the Revised Statutes of Canada, 1985 as chapter number C-46 and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the '' Constitution Act, 1867'' establishes that the Parliament of Canada has sole jurisdiction over criminal law. Accordingly, the Criminal Code applies to the entirety of the country, meaning that in Canada, all crimes which are defined under the Criminal Code are federal crimes and can be prosecuted anywhere they occur in or out of the country. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the Code include the '' Firearms Act'', the '' Controlled Drugs and Substances Act'', the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vagrancy (people)
Vagrancy is the condition of wandering homelessness without regular employment or income. Vagrants usually live in poverty and support themselves by travelling while engaging in begging, scavenging, or petty theft. In Western countries, vagrancy was historically a crime punishable with forced labor, military service, imprisonment, or confinement to dedicated labor houses. Both ''vagrant'' and ''vagabond'' ultimately derive from the Latin word ''vagari'', meaning "to wander". The term ''vagabond'' and its archaic equivalent ' come from Latin ''vagabundus'' ("strolling about"). In Middle English, ''vagabond'' originally denoted a person without a home or employment. Historical views Vagrants have been historically characterised as outsiders in settled, ordered communities: embodiments of otherness, objects of scorn or mistrust, or worthy recipients of help and charity. Some ancient sources show vagrants as passive objects of pity, who deserve generosity and the gift ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loitering
Loitering is the act of standing or waiting around idly without apparent purpose in some public places. While the laws regarding loitering have been challenged and changed over time, loitering of suspect people can be illegal in some jurisdictions and some specific circumstances. Prohibition and history While not being a crime by itself, loitering has historically been treated as an inherent preceding offense to other forms of public crime and disorder, such as prostitution, begging, public drunkenness, dealing in stolen goods, drug dealing, scams, organized crime, robbery, harassment/mobbing, etc. Loitering provides a lesser offence that can be used by police to confront and deter suspect individuals from lingering in a high-crime area, especially when criminal intent is suspected but not observed. Local areas vary on the degree to which police are empowered to arrest or disperse loiterers; limitations on their power are sometimes made over concerns regarding racial pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beacon Hill Park
Beacon Hill Park is a 75 ha (183 acre) park located along the shore of Juan de Fuca Strait in Victoria, British Columbia that is popular both with tourists and locals. The park contains a number of amenities including woodland and shoreline trails, two playgrounds, a waterpark, playing fields, a petting zoo, tennis and pickleball courts, many ponds, and landscaped gardens. The name of the park refers to Beacon Hill, a hill located at the park's southern end. The traditional name of the hill is míqәn (pronounced "MEE-qan", sometimes spelled Meegan or Meeacan) to the Songhees people, meaning "warmed by the sun". History míqәn (Beacon Hill) was a popular location for local indigenous peoples to rest and play games, and where Camassia quamash, camas and Camassia leichtlinii, great camas bulbs were harvested. At the base of the hill was the location of a settlement periodically occupied from approximately 1000 to 300 years prior to present-day. The hill is culturally significant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victoria, British Columbia
Victoria is the capital city of the Provinces and territories of Canada, Canadian province of British Columbia, on the southern tip of Vancouver Island off Canada's Pacific Ocean, Pacific coast. The city has a population of 91,867, and the Greater Victoria area has a population of 397,237. The city of Victoria is the seventh most densely populated city in Canada with . Victoria is the southernmost major city in Western Canada and is about southwest from British Columbia's largest city of Vancouver on the mainland. The city is about from Seattle by airplane, Harbour Air Seaplanes, seaplane, ferry, or the Clipper Navigation, Victoria Clipper passenger-only ferry, and from Port Angeles, Washington, Port Angeles, Washington (state), Washington, by ferry across the Strait of Juan de Fuca. Named for Queen Victoria, the city is one of the oldest in the Pacific Northwest, with British settlement beginning in 1843. The city has retained a large number of its historic buildings, in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loitering
Loitering is the act of standing or waiting around idly without apparent purpose in some public places. While the laws regarding loitering have been challenged and changed over time, loitering of suspect people can be illegal in some jurisdictions and some specific circumstances. Prohibition and history While not being a crime by itself, loitering has historically been treated as an inherent preceding offense to other forms of public crime and disorder, such as prostitution, begging, public drunkenness, dealing in stolen goods, drug dealing, scams, organized crime, robbery, harassment/mobbing, etc. Loitering provides a lesser offence that can be used by police to confront and deter suspect individuals from lingering in a high-crime area, especially when criminal intent is suspected but not observed. Local areas vary on the degree to which police are empowered to arrest or disperse loiterers; limitations on their power are sometimes made over concerns regarding racial pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases successfully appealed to the Court are generally of national importance. Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices. Understanding the background of the cases, the reasoning and the authorship can be important and insightful, as each judge may have varying beliefs in legal theory and interpretation. 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 the rise ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Seven Charter Case Law
Section, Sectioning, or Sectioned may refer to: Arts, entertainment and media * Section (music), a complete, but not independent, musical idea * Section (typography), a subdivision, especially of a chapter, in books and documents ** Section sign (§), typographical characters * Section (bookbinding), a group of sheets, folded in the middle, bound into the binding together * The Section (band), a 1970s American instrumental rock band * ''The Outpost'' (1995 film), also known as ''The Section'' * Section, an instrumental group within an orchestra * "Section", a song by 2 Chainz from the 2016 album ''ColleGrove'' * "Sectioning" (''Peep Show''), a 2005 television episode * David "Section" Mason, a fictional character in '' Call of Duty: Black Ops II'' Organisations * Section (Alpine club) * Section (military unit) * Section (Scouting) Science, technology and mathematics Science * Section (archaeology), a view in part of the archaeological sequence showing it in the vertical ... [...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 successfully appealed to the Court are generally of national importance. Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices. Understanding the background of the cases, the reasoning and the authorship can be important and insightful, as each judge may have varying beliefs in legal theory and interpretation. 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 the ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
