|
R V Feeney
''R v Feeney'', 9972 S.C.R. 13 is a leading decision of the Supreme Court of Canada on the right, under section 8 of the ''Canadian Charter of Rights and Freedoms'' against unreasonable search and seizure. The Court held that the police are not permitted to enter into someone's house without a search warrant. Background On the morning of June 8, 1991, 85-year-old Frank Boyle was found dead in his Likely, British Columbia home from several severe blows to the head with a crowbar. At the scene, the police found a Sportsman brand cigarette, and later found Mr. Boyle's truck abandoned in a ditch. On a tip from local residents, the police located the driver of the truck, Michael Feeney, sleeping in a trailer behind the residence of a friend of his. The police knocked on the trailer door, and shouted "police", but there was no reply. Guns drawn, the police entered. They found Feeney in bed and shook his leg to get his attention. The police asked him to get up and go outside where the l ... [...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 province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. 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. The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 supernumerary justices. All justices of the BCCA (including the position of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lists Of Landmark Court Decisions
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' sone that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of ''stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in futu ... [...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] |
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 n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), 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 civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest 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. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search And Seizure
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. Italy In Italy protection from search and seizure is enshrine ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search Warrant
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process. Jurisdictions that respect the rule of law and a right to privacy constrain police powers, and typically require search warrants or an equivalent procedure for searches police conducted in the course of a criminal investigation. The laws usually make an exception for hot pursuit: a police officer following a criminal who has fled the scene of a crime has the right to enter a property where the criminal has sought shelter. The necessity for a search warrant and its abilities vary from country to country. In certain authoritarian nations, police officers may be allowed to search individuals and property without having to obtain court permission or provide justification for th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost Provinces and territories of Canada, province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, forests, lakes, mountains, inland deserts and grassy plains, and borders the province of Alberta to the east and the Yukon and Northwest Territories to the north. With an estimated population of 5.3million as of 2022, it is Canada's Population of Canada by province and territory, third-most populous province. The capital of British Columbia is Victoria, British Columbia, Victoria and its largest city is Vancouver. Vancouver is List of census metropolitan areas and agglomerations in Canada, the third-largest metropolitan area in Canada; the 2021 Canadian census, 2021 census recorded 2.6million people in Metro Vancouver Regional District, Metro Vancouver. The First Nations in Canada, first known human inhabi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of British Columbia
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indictable Offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a ''prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the '' Commonwealth Crimes Act 1914''. In South Australia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
