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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; french: Cour suprême du Canada, CSC) 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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
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'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the '' Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. 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 '' Canada Evidence Act'', the '' Food and Drugs Act'', the '' Youth Criminal Justice Act'' and the '' Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vagrancy (people)
Vagrancy is the condition of homelessness without regular employment or income. Vagrants (also known as bums, vagabonds, rogues, tramps or drifters) usually live in poverty and support themselves by begging, scavenging, petty theft, temporary work, or social security (where available). Historically, vagrancy in Western societies was associated with petty crime, begging and lawlessness, and punishable by law 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'' is derived from Latin ''vagabundus''. 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 sourc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loitering
Loitering is the act of remaining in a particular public place for a prolonged amount of time without any apparent purpose. While the laws regarding loitering have been challenged and changed over time, loitering is still illegal in various jurisdictions and specific circumstances. Prohibition and history 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 profiling and unnecessary use of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beacon Hill Park
Beacon Hill Park is a 75 ha (200 acre) park located along the shore of Juan de Fuca Strait in Victoria, British Columbia. The park is popular both with tourists and locals, and contains a number of amenities including woodland and shoreline trails, two playgrounds, a waterpark, playing fields, a petting zoo, tennis courts, many ponds, and landscaped gardens. The traditional name of the hill is Meeacan (sometimes spelled Meegan) to the Songhees people, meaning "belly." The land was originally set aside as a protected area by Sir James Douglas, governor of the Colony of Vancouver Island in 1858. In 1882, the land was officially made a municipal park of the City of Victoria, and given its present name. The name is derived from a small hill overlooking the Strait, upon which once stood navigational beacons. The hill is culturally significant, having been a burial site for the First Nations Coast Salish people, who are the original inhabitants of the Greater Victoria region. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victoria, British Columbia
Victoria is the capital city of the Canadian province of British Columbia, on the southern tip of Vancouver Island off Canada's 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 7th 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, seaplane, ferry, or the Victoria Clipper passenger-only ferry, and from Port Angeles, 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 particular its two most famous landmarks, the Parliament Buildings (finished in 1897 and home of the Legislative Assembly of British ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loitering
Loitering is the act of remaining in a particular public place for a prolonged amount of time without any apparent purpose. While the laws regarding loitering have been challenged and changed over time, loitering is still illegal in various jurisdictions and specific circumstances. Prohibition and history 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 profiling and unnecessary use of ... [...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 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 fr ... [...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", a ''Peep Show'' 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 plane * Section ... [...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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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