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R. V. Zundel
''R v Zundel'' 9922 S.C.R. 731 is a Supreme Court of Canada decision where the Court struck down the provision in the ''Criminal Code'' that prohibited publication of false news on the basis that it violated the freedom of expression provision under section 2(b) of the ''Canadian Charter of Rights and Freedoms''. In 1985, German-born Ernst Zündel was charged with "spreading false news" under the ''Criminal Code''. Initially, Zündel was found guilty, but this conviction was overturned in the Court of Appeal for Ontario, and a re-trial ordered. However, during his second trial, Zündel was once again found guilty and sentenced to nine months in prison. At the Court of Appeal, Zündel's conviction was upheld. In a 4–3 decision, the Supreme Court of Canada found section 181 of the ''Criminal Code'' violated section 2(b) of the ''Charter'', infringing on Zündel's rights. The Court declared section 181 inoperative, and Zündel's conviction was quashed. Background The German-b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Reports (Canada)
The ''Supreme Court Reports'' (S.C.R.) is the official reporter (law), reporter of the Supreme Court of Canada. Since the creation of the Supreme Court, all of its decisions have been published in the Reports, in both English language, English and French language, French. The first volume was published in 1877 containing the first case ever heard by the Supreme Court, ''Kelly v. Sullivan''. History When the ''Supreme Court Act'' was passed in 1875, it required the Court to publish its own decisions rather than relying on private law reporters, an innovation not found elsewhere in the British Empire. This self-publishing model was intended to ensure that decisions would quickly reach legal professionals and lower court judges. Judgments published in the ''Supreme Court Reports'' were printed in the language in which they were delivered, either English or French, and were not translated. Despite its promise, the ''Supreme Court Reports'' faced early criticism for numerous shortc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal) (ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto (also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice). Description The Court is composed of 22 judicial seats, in addition to 10 justices who currently sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, Canadian constitutional law, constitutional law, Canadian criminal law, criminal law, Canadian administrative law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
42nd Canadian Parliament
The 42nd Canadian Parliament was in session from December 3, 2015, to September 11, 2019, with the membership of its lower chamber, the House of Commons of Canada, having been determined by the results of the 2015 federal election held on October 19, 2015, and thirty new appointees to its Upper House, the Senate of Canada. Parliament officially resumed on December 3, 2015, with the election of a new Speaker, Geoff Regan, followed by a Speech from the Throne the following day. The Speaker of the Senate of Canada was George Furey, who was appointed Speaker of the Canadian Senate on the advice of Prime Minister Justin Trudeau, to replace Leo Housakos, on December 3, 2015. On September 11, 2019, Prime Minister Justin Trudeau advised Governor General Julie Payette to dissolve Parliament and issue the writ of election, leading to a five-week election campaign period for the 2019 federal election. Significant legislation adopted during the 42nd Parliament included the '' Cann ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
An Act To Amend The Criminal Code, The Youth Criminal Justice Act And Other Acts And To Make Consequential Amendments To Other Acts
''An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts'' () is a statute passed by the Parliament of Canada. It formerly was known as Bill C-75. Some (if not all) provisions of the Act came into force on 19 September 2019. It made the headlines when Justice Andrew Goodman of the Ontario Superior Court at trial ruled that the Act had effectively infringed on an indigenous defendant's Charter Rights under Section 7. The first Trudeau administration had meant the Act to redress the power of defendants to dismiss potential jurors as part of their peremptory challenge rights granted as early as 1215 in the Magna Charta document. This was perceived by the Trudeau administration as needless discrimination and thus, in the 21st-century scramble to equalize society, needed to be stricken from collective memory. The need to rectify the law had become apparent to Liberal watchers of the death of Colten B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 27 Of The Canadian Charter Of Rights And Freedoms
Section 27 of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the section 25 to section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the courts. Section 27 officially recognized multiculturalism as a Canadian value. Text Section 27 provides: Background and drafting In Canada, multicultural policy had been adopted in 1971 following the Royal Commission on Bilingualism and Biculturalism, a government body set up in response to the grievances of Canada's French-speaking minority (concentrated in the province of Quebec). The report of the Commission advocated that the Canadian government should recognize Canada as a bilingual and bicultural society and adopt policies to preserve this character. Bicultural was opposed by non-French ethnic minorities communities, particularly the large Ukrainian Canadian and other European communities. In 1973 the gove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 15 Of The Canadian Charter Of Rights And Freedoms
Section 15 of the ''Canadian Charter of Rights and Freedoms'' contains guaranteed Social equality, equality rights. As part of the Constitution of Canada, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs (e.g. Employment equity (Canada), employment equity). Rights under section 15 include racial equality, sexual equality, mental disability, and physical disability. In its jurisprudence, it has also been a source of LGBT rights in Canada. These rights are guaranteed to "every individual", that is, every natural person. This wording excludes "legal persons" such as corporations, contrasting other sections that use the word "everyone", where "legal persons" were meant to be included. Section 15 has been in force since 1985. Text Under the heading of "Equality Rights" this section states: Background The ''Canadian Bill of Rights'' of 1960 had guaranteed the "right of the individual to equali ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Purposive Approach
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Purposive interpretation is a derivation of mischief rule set in '' Heydon's Case'', and intended to replace the mischief rule, the plain meaning rule and the golden rule. Purposive interpretation is used when the courts use extraneous materials from the pre-enactment phase of legislation, including early drafts, hansards, committee reports, and white papers. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements.Barak, Aharon. ''Purposive Interpretation In Law''. Princeton University Press (New Jersey), 2005, p. 88 Barak states that the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Irwin Toy Ltd V Quebec (AG)
''Irwin Toy Ltd v Quebec (AG)'', 9891 S.C.R. 927 is a landmark Supreme Court of Canada decision on freedom of expression in section 2(b) of the Canadian Charter of Rights and Freedoms. The court held that in order to determine if a breach of section 2(b) had occurred one first had to determine whether the conduct constituted non violent activity which attempted to convey meaning. This changed the law of the constitution of Quebec. The next step was to consider whether the effect or purpose of the legislation was to restrict freedom of expression. Applying the analysis, the Court held that a Quebec law that restricted advertising directed to children was valid law which violated section 2(b) but could be justified under section 1. Background The province of Quebec passed legislation that prohibited "commercial advertising directed at persons under thirteen years of age." The law was challenged on the basis that it violated the freedom of expression under section 2(b) of the ''Char ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frank Iacobucci
Frank Iacobucci (born June 29, 1937) is a former Puisne Justice of the Supreme Court of Canada from 1991 until he retires from the bench in 2004. He was the first Italian-Canadian judge on the court. Iacobucci was also the first judge on the Supreme Court to have been born, raised and educated in British Columbia.; Iacobucci has had a distinguished career in private practice, academia, the civil service and the judiciary. Before his elevation to the nation's top court, he was a tenured professor of law at the University of Toronto Faculty of Law for eighteen years, and was appointed dean of the faculty in 1979. From 1985 to 1988, he served as the Deputy Attorney General of Canada, playing a key role in constitutional law negotiations during the Meech Lake Accord process. Prime Minister Brian Mulroney appointed him Chief Justice of the Federal Court of Canada in 1988. As a former private corporate lawyer, he is considered an expert in business and tax law. He currently se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Cory
Peter deCarteret Cory, (October 25, 1925 – April 7, 2020) was a puisne judge of the Supreme Court of Canada, from 1989 to 1999. Early life and education Born in Windsor, Ontario, the son of Andrew and Mildred (Beresford Howe) Cory, he was educated at the University of Western Ontario (Assumption) receiving his BA in 1947 and at Osgoode Hall Law School receiving his law degree in 1950. He was called to the Ontario Bar in 1950. Career As a pilot in the Royal Canadian Air Force, he served overseas with 6th Bomber Group during World War II, flying many combat missions. He was appointed to the Queen's Counsel in 1963. He practised law with Holden, Murdoch and was elected a Bencher of the Law Society of Upper Canada in 1971. Cory was appointed to the Supreme Court of Ontario in 1974, the Court of Appeal for Ontario in 1981 and the Supreme Court of Canada on February 1, 1989. He retired from the Supreme Court on June 1, 1999. Post-Court He served as the 11th Chancellor of York U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. Early life and family McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were " fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the '' Alberta Law Review'') from the University of Alberta. McLachlin has one son, Angus (born 1976), from her first marriage to Roderick McLachlin, who took care of much of Angus's upbringing. Roderick McLachlin died of cancer in 1988, a few days after she was appointed chief justice of the B.C. Supreme Court. In 1992, McLachlin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section One Of The Canadian Charter Of Rights And Freedoms
Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's ''Charter'' rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in '' R v Sharpe''), hate speech (e.g., in '' R v Keegstra''), and obscenity (e.g., in '' R v Butler''). When the government has limited an individual's right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was ''prescribed by law'' namely, that the law is attuned to the values of ''accessibility'' and ''intelligibility''; and secondly, that it is ''justified in a free and democratic society'', which means that it must have a justifiable purpose and must be proportional. Text U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |