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Hunter V. Southam
''Hunter v Southam Inc'' 9842 S.C.R. 145 is a landmark Supreme Court of Canada privacy rights case and as well is the first Supreme Court decision to consider section 8 of the ''Canadian Charter of Rights and Freedoms''. Background An investigation was begun by the government under the authority of the ''Combines Investigation Act'' into Southam Newspaper. The investigators entered Southam's offices in Edmonton and elsewhere to examine documents. The search was authorized prior to the enactment of the Charter but the search did not commence until afterwards. The challenge was allowed. At the Alberta Court of Appeal, the judge found that part of the Act was inconsistent with the Charter and therefore of no force or effect. The Supreme Court considered section 8 for the first time and upheld the ruling of the Court of Appeal. Reasons of the court Justice Dickson (as he then was), writing for a unanimous Court, held that the ''Combines Investigation Act'' violated the Charter as i ... [...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 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 ... [...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] |
Combines Investigation Act
The ''Combines Investigation Act, 1923'' (), was a Canadian Act of Parliament that regulated certain anti-competitive corporate business practices. It prohibited monopolies, misleading advertising, bid-rigging, price fixing, and other means of limiting competition. First introduced in 1910,King, W. L. Mackenzie. 1912.The Canadian Combines Investigation Act" '' The Annals of the American Academy of Political and Social Science'' 42:149-155. . the original legislation was repealed before an updated version was enacted in 1923 by MacKenzie King;Blair, D. Gordon. 1953.Combines, Controls or Competition" '' Canadian Bar Review'' 31(10)1083–115. Retrieved on 2023-04-09. the Act was also amended in 1969 by the ''Criminal Law Amendment Act'', 1968–69.S.C. 1968-69 c. 38 sec. 116 It was a rather notorious piece of legislation in Canadian constitutional law for the powers it granted to non-police officers to enter private premises without a judicially-issued search warrant and seize e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Southam Newspaper
Postmedia Network Canada Corp. (also known as Postmedia Network, Postmedia News or Postmedia) is an American-owned Canadian-based media conglomerate consisting of the publishing properties of the former Canwest, with primary operations in English-language newspaper publishing, news gathering and Internet operations. It is best known for being the owner of the ''National Post'' and the ''Financial Post''. It owns and operates over more than 130 print and digital news titles across Canada. The company's strategy has seen its publications invest greater resources in digital news gathering and distribution, including expanded websites and digital news apps for smartphones and tablets."Postmedia revamps Ottawa Citizen's digital service" . |
Alberta Court Of Appeal
The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Court system of Canada#Appellate courts of the provinces and territories, Canadian appellate court that serves as the highest appellate court in the jurisdiction of Alberta, subordinate to the Supreme Court of Canada. Jurisdiction and hierarchy within Canadian courts The court is the highest in Alberta, Canada. It hears appeals from the Alberta Court of King's Bench, the Provincial Court of Alberta, and Court system of canada#Federal and provincial administrative tribunals, administrative boards and tribunals, as well as Reference question, references from the Lieutenant Governor of Alberta, Lieutenant Governor in Council (essentially the Alberta Cabinet). Some administrative appeals may bypass the Court of King's Bench, commonly orders made by professional discipline boards under the ''Medical Profession Act'', the ''Legal Profession Act'', but also under the ''Energy Resources Conser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brian Dickson
Robert George Brian Dickson (May 25, 1916 – October 17, 1998) was a Canadian lawyer, military officer and judge who served as the 15th chief justice of Canada from 1984 to 1990 and as a puisne justice of the Supreme Court of Canada from 1973 to 1984. He retired on June 30, 1990. Dickson's tenure as chief justice coincided with the first wave of cases under the new ''Canadian Charter of Rights and Freedoms'' which, established in 1982, reached the Supreme Court from 1984 onwards. Dickson wrote several very influential judgments dealing with the ''Charter'' and laid the groundwork for the approach that the courts would take to the ''Charter''. Early life and family Dickson was born to Thomas Dickson and Sarah Elizabeth Gibson, in Yorkton, Saskatchewan, in 1916, although the family lived at that time in Wynyard.M.A. MacPherson, "About Brian, Bill and Me: Regina Collegiate", in DeLloyd J. Guth (ed.), ''Brian Dickson at the Supreme Court of Canada 1973-1990'' (Winnipeg: Canadian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Expectation Of Privacy
In United States constitutional law, reasonable expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the U.S. Constitution. It is related to, but is not the same as, a ''right to privacy'', a much broader concept which is found in many legal systems (see privacy law). Overall, reasonable expectations of privacy can be subjective or objective. Overview There are two types of reasonable expectations of privacy: * Subjective expectation of privacy: a certain individual's opinion that a certain location or situation is private which varies greatly from person to person * Objective expectation of privacy: legitimate and generally recognized by society and perhaps protected by law. Places where individuals expect privacy include residences, hotel rooms, or public places that have been provided by businesses or the public sector to ensure privacy, including public restrooms, private p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Eight 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] |
Canadian Charter Of Rights And Freedoms Case Law
Canadians () are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity and Canadian values. Canada has also been strongly influenced by its linguistic, geographic, a ... [...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] |
