|
R V Jordan (2016)
''R. v. Jordan'' was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 months in other cases. Background Section 11 of the Canadian Charter of Rights and Freedoms states that Prior to this ruling, a contextual framework set out in '' R v Morin'' was used. Barrett Richard Jordan was arrested in December 2008 and charged with various offences relating to possession and trafficking. He was released with restrictive bail conditions in February 2009. The preliminary inquiry was set to occur in May 2010, but there was not enough time for the Crown to present all its evidence, so further dates were set throughout 2010 and 2011. In May 2011, Jordan was committed to stand ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
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] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. The ''Bill of Rights'' exemplified an international trend towards formalizing human rights protections following the United Nations' ''Universal Declaration of Human Rights'', instigated by the country's movement for human rights and freedoms that emerged af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preliminary Hearing
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer. Canada In Canada, a preliminary hearing is sometimes referred to as a preliminary inquiry. During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial. Preliminary inquiries are only held when a person is charged with an indictable offence where the accused in liable to a period of imprisonment greater than 14 years. The Crown Attorney may call witnesses. If there is not enough evidence, the court will dismiss the charge(s). In the aftermath of the 2016 Jordan decision, in which the Supreme Court of Canada imposed time limits on the Crown to bring criminal cases to trial, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McCarthy Tétrault
McCarthy Tétrault LLP is a Canadian law firm specializing in business law, litigation services, tax law, real property law, labour and employment law, with offices in Vancouver, Calgary, Toronto, Montréal, Québec City, London (UK), as well as New York City. McCarthy Tétrault LLP is one of the Seven Sisters law firms. McCarthy Tétrault is the only law firm listed in the Report on Business Top 25 Best B2B Brands by ''The Globe and Mail'' in 2021, and it has the second strongest law firm brand in Canada according to ''Thomson Reuters’'' Regional Law Firm Brand Indexes 2021. The firm represents Canadian and international clients, including major public institutions, financial services organizations, mining companies, manufacturers, pharmaceutical companies and other corporations. McCarthy Tétrault's London office specializes in assisting clients with their transatlantic transactions, and is staffed with both English and Canadian-qualified lawyers. A charter member of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Morin
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars''. The letter is the eighth most common letter in English and the fourth-most common consonant, after , , and . Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as , , , , and . This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many other words such as ''farm'' (compare French ) and ''star'' (compare German ). In Hiberno-English, the letter is called or , somewhat similar to ''oar'', ''ore'', ''orr''. The letter R is sometimes referred to as the 'canine letter', often rendered in English as the dog's letter. This Latin term referred to the Latin that was trilled to sound l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia, Canada. The Court hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judicial positions on the Court in addition to supernumerary judges, making for a grand total of 108 judges. There are also 13 Supreme Court masters, who hear and dispose of a wide variety of applications in chambers. The court was established in 1859 as the "Supreme Court of the Mainland of British Columbia" to distinguish it from the "Supreme Court of Vancouver Island". The two courts merged in 1870 under the present name. Jurisdiction The British Columbia Supreme Court is a court of record and has original jurisdiction in all cases, civil and criminal, arising in British Columbia. The Court has inherent jurisdiction under the Constitution of Canada, in addition to any jurisdiction granted to it by federal or provincial statute. The Court h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael Moldaver
Michael Moldaver (born December 23, 1947) is a former Canadian judge. He was a puisne justice on the Supreme Court of Canada from his 2011 appointment by former Prime Minister Stephen Harper until his retirement in 2022. Before his elevation to the nation's top court, he served as a judge at the Ontario Superior Court of Justice and the Court of Appeal for Ontario for over 20 years. A former criminal lawyer, Moldaver is considered an expert in both Canadian criminal law and the ''Canadian Charter of Rights and Freedoms''. Early life and education Moldaver was born on December 23, 1947, in Peterborough, Ontario. He is the youngest of Irving Moldaver and Ruth Moldaver's three sons. Moldaver's father, Irving, was a Jewish Russian immigrant to Peterborough who worked as a scrap metal dealer; Ruth Moldaver's family ran a clothing store. Moldaver's maternal grandfather was also Peterborough's first rabbi. As his parents did not have the opportunity to receive a formal education, they ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andromache Karakatsanis
Andromache Karakatsanis (born October 3, 1955) is a Canadian jurist. She was nominated to the Supreme Court of Canada by Stephen Harper in October 2011. She is the first Greek-Canadian judge on the Court. Since the retirement of Rosalie Abella on July 1, 2021, and of Michael Moldaver on September 1, 2022 (he took office the same day as Karakatsanis), she is the longest-serving member of the Supreme Court. Early life Karakatsanis was born in Toronto, Ontario, to Greek parents, and raised with an emphasis on her Greek heritage. She grew up near the Don Mills Road and Lawrence Avenue area of Toronto, where her parents owned a restaurant called Top of the Mall which was where Karakatsanis worked as a hostess and helped her father manage the restaurant. She attended Victoria College at the University of Toronto, graduating with a B.A. in English literature in 1977. She then attended York University's Osgoode Hall Law School, receiving her LL.B. in 1980. She was called to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Russell Brown (judge)
Russell S. Brown (born September 15, 1965) is a former puisne justice of the Supreme Court of Canada. He was nominated by Prime Minister Stephen Harper to replace outgoing justice Marshall Rothstein and served in the role starting on August 31, 2015. Prior to his appointment to the Supreme Court, he was a justice at the Alberta Court of Appeal, and before that a law professor at the University of Alberta. He resigned on June 12, 2023, prior to the completion of an investigation by the Canadian Judicial Council into alleged harassment. Early life and education Brown was born in Vancouver, British Columbia, and raised in Burns Lake, British Columbia. Brown has a Bachelor of Arts degree from the University of British Columbia in 1987 and a Bachelor of Laws degree from the University of Victoria in 1994. He also received a Master of Laws degree in 2003 and a Doctor of Juridical Science degree in 2006, both from the University of Toronto. Career Brown was admitted to the Ba ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Cromwell (jurist)
Thomas Albert Cromwell (born May 5, 1952) is a Canadian jurist and former Puisne Justice on the Supreme Court of Canada. After eleven years on the Nova Scotia Court of Appeal, Cromwell was nominated to succeed Michel Bastarache and occupy the seat traditionally reserved for Atlantic provinces on the Supreme Court of Canada by Prime Minister Stephen Harper and assumed office on December 22, 2008. Cromwell retired in September 2016, and was succeeded by Malcolm Rowe. Known as a centrist on Canada's highest court, his reasoning as a provincial appellate judge in '' R v Marshall; R v Bernard'' was adopted by unanimous decision in the landmark Aboriginal title case of '' Tsilhqot'in Nation v British Columbia'' in 2014 during his tenure. Early life and education Cromwell was born in Kingston, Ontario. He attended Queen's University where he earned a Bachelor of Music degree in 1973 and a law degree in 1976. He then earned a Bachelor of Civil Law degree at Exeter College, Oxford i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indictment
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offence, which is an offence that requires an indictment. Australia Section 80 of the Constitution of Australia provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The High Court of Australia has consistently used a narrow interpretation of this clause, allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the '' Crimes Act 1914'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears". Canada A direct indictment is one in which the case is sent dir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
