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Section Twenty-four Of The Canadian Charter Of Rights And Freedoms
Section 24 of the ''Canadian Charter of Rights and Freedoms'' provides for remedies available to those whose ''Charter'' rights are shown to be violated. Some scholars have argued that it was actually section 24 that ensured that the ''Charter'' would not have the primary flaw of the 1960 ''Canadian Bill of Rights''. Canadian judges would be reassured that they could indeed strike down statutes on the basis that they contradicted a bill of rights.Dyck, Rand. ''Canadian Politics: Critical Approaches.'' Third ed. (Scarborough, Ontario: Nelson Thomson Learning, 2000), p. 442. Text Under the heading "Enforcement," the section states: Remedies Subsection 24(1) must be distinguished from subsection 52(1) of the ''Constitution Act, 1982''. Whereas section 52 allows the courts to invalidate laws or parts of laws for breaches of the constitution (including the ''Charter''), section 24 has broader capabilities (hindered only by the "appropriate and just" requirement) and can only be in ...
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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 ...
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Functus Officio
refers to an officer or agency whose mandate has expired, due to either the arrival of an expiry date or an agency having accomplished the purpose for which it was created. When used to describe a court, it can refer to one whose duty or authority has come to an end: "Once a court has passed a valid sentence after a lawful hearing, it becomes and cannot reopen the case." Relationship to doctrine of ' is thus bound up with the doctrine of , which prevents (in the absence of statutory authority) the re-opening of a matter before the same court, tribunal or other statutory actor that rendered the final decision. There are many exceptions; for instance, where a statute authorizes variations of the original decision, the decision maker may revisit his or her previous decision. Common examples include legal competency hearings, parole board hearings and family law proceedings. There is an important difference between and ': the former refers to the end of a case, while the latt ...
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Footnotes
In publishing, a note is a brief text in which the author comments on the subject and themes of the book and names supporting citations. In the editorial production of books and documents, typographically, a note is usually several lines of text at the bottom of the page, at the end of a chapter, at the end of a volume, or a house-style typographic usage throughout the text. Notes are usually identified with superscript numbers or a symbol.''The Oxford Companion to the English Language'' (1992) p. 709. Footnotes are informational notes located at the foot of the thematically relevant page, whilst endnotes are informational notes published at the end of a chapter, the end of a volume, or the conclusion of a multi-volume book. Unlike footnotes, which require manipulating the page design (text-block and page layouts) to accommodate the additional text, endnotes are advantageous to editorial production because the textual inclusion does not alter the design of the publication. H ...
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Section Eight Of The Canadian Charter Of Rights And Freedoms
Section 8 of the ''Canadian Charter of Rights and Freedoms'' protects against unreasonable search and seizure. This right provides those in Canada with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance. Under the heading of legal rights, section 8 states: Any property found or seized by means of a violation of section 8 can be excluded as evidence in a trial under section 24(2). Reasonable expectation of privacy Section 8 does not apply to every search or seizure. Rather, the right focuses on the action being unreasonable on the basis that it violates the expectation of privacy that a reasonable individual would have. Examples The driver of a motor vehicle normally has a reasonable expectation in the contents of that vehicle, although that same expectation does no ...
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Section Ten Of The Canadian Charter Of Rights And Freedoms
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 vertic ...
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United States Bill Of Rights
The United States Bill of Rights comprises the first ten list of amendments to the United States Constitution, amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the Timeline of drafting and ratification of the United States Constitution, ratification of the Constitution and written to address the objections raised by Anti-Federalism, Anti-Federalists. The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as Freedom of speech in the United States, freedom of speech, the Freedom of the press in the United States, right to publish, Freedom of religion in the United States, practice religion, Right to keep and bear arms in the United States, possess firearms, Right to assemble, to assemble, and other natural and legal rights. Its clear limitations on the government's power in judicial and other proceedings include explicit declarations that all powers not specificall ...
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Exclusionary Rule
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law". The exclusionary rule is grounded in the Fourth Amendment in the Bill of Rights, and it is intended to protect citizens from illegal searches and seizures. The exclusionary rule is also designed to provide a remedy and disincentive for criminal prosecution from prosecutors and po ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Trial (law)
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Criminal A criminal trial is designed t ...
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Cuddy Chicks V
Cuddy may refer to: __NOTOC__ Places in the United States * Cuddy, Pennsylvania, an unincorporated community * Cuddy Valley, California * Cuddy Canyon, California People and fictional characters * Cuddy (surname) * Edward Aburrow Sr (1714/1715–1763), English cricketer and reported smuggler under the alias Cuddy Other uses * Cuddy (cabin), a small cabin or cupboard, especially on a boat See also * Caddy (other) * St Cuthbert's Cave, also known as Cuddy's Cave, Northumberland, England * Cutty (other) {{disambiguation ...
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Weber V
Weber may refer to: Places United States * Weber, Missouri, an unincorporated community * Weber City, Virginia, a town * Weber City, Fluvanna County, Virginia, an unincorporated community * Weber County, Utah * Weber Canyon, Utah * Weber River, Utah * Weber, Wisconsin, an unincorporated community Elsewhere * Weber County, New Zealand ** Weber, New Zealand, a hamlet within the county * Weber Deep, the deepest point in the Banda Sea off Indonesia * Weber Inlet, Alexander Island, Antarctica * Weber (crater), an impact crater on the far side of the Moon People and fictional characters * Weber (surname), including a list of people with the surname * Weber Yang (born 1980), Taiwanese actor * Potsie Weber, a fictional character in the sitcom ''Happy Days'' Businesses * Weber Inc., an American company known for its line of barbecue grills * Weber Aircraft LLC, an American manufacturer of airline seats * Weber Carburetors, an Italian fuel system manufacturer * ...
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