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R V Ipeelee
''R v Ipeelee'' is a Supreme Court of Canada decision which reaffirmed the court's previous holdings in ''R v Gladue'', in that when sentencing an Indigenous person, every sentencing judge must consider: (a) the unique systemic or background factors which may have played a part in bringing the particular Indigenous individual before the courts; and (b) the types of sentencing procedures and sanctions which may be appropriate in the circumstances for the person before the court because of their particular Indigenous heritage or connection. Background It has long been recognized that Indigenous Peoples are overrepresented in all points of the criminal justice system. The Royal Commission on Aboriginal Peoples found that the justice system in what is now known as Canada has failed Indigenous Peoples, both on and off-reserve, urban and rural, in all jurisdictions due to fundamentally different world views between Indigenous and non-Indigenous people with respect to issues such as ... [...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] |
R V Gladue
''R v Gladue'' is a decision of the Supreme Court of Canada on the sentencing principles that are outlined under s. 718.2(e) of the ''Criminal Code''. That provision, enacted by Parliament in 1995, directs the courts to take into consideration "all available sanctions, other than imprisonment" for all offenders. It adds that the courts are to pay "particular attention to the circumstances of Aboriginal offenders". ''Gladue'' was the first case where the Supreme Court considered the interpretation and application of this provision. It upheld the three year sentence for manslaughter which the sentencing judge gave to Gladue, but also set out factors which the sentencing courts are to take into account in applying s. 718.2(10(e). In the years since the decision, sentencing judges have directed that to assist in sentencing Indigenous offenders, pre-sentencing reports be prepared to assess the factors which the Supreme Court has identified as being considered under s. 718.2(1(e). T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Commission On Aboriginal Peoples
The Royal Commission on Aboriginal Peoples (RCAP) was a Canadian royal commission established in 1991 with the aim of investigating the relationship between Indigenous peoples in Canada, the Government of Canada, and Canadian society as a whole. It was launched in response to status and rights issues brought to light following events such as the Oka Crisis and the failure of the Meech Lake Accord. The commission culminated in a final report of 4,000 pages, published in 1996 and set out a 20-year agenda for implementing recommended changes. Scope The Commission of Inquiry investigated the evolution of the relationship among Aboriginal peoples (First Nations, Inuit and Métis), the Government of Canada, Indian and Northern Affairs Canada and part of the Culture of Canada as a whole. It proposed specific solutions, rooted in domestic and international experience, to the problems which have plagued those relationships and which confront Aboriginal peoples today. The Commission exa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Code (Canada)
The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the '' Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the '' Firearms Act'', the '' Controlled Drugs and Substances Act'', the '' Canada Evidence Act'', the '' Food and Drugs Act'', the '' Youth Criminal Justice Act'' and the '' Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. The term is similar to the idea of a senate, synod or congress and is commonly used in countries that are current or former monarchies. Some contexts restrict the use of the word ''parliament'' to parliamentary systems, although it is also used to describe the legislature in some presidential systems (e.g., the Parliament of Ghana), even where it is not in the official name. Historically, parliaments included various kinds of deliberative, consultative, and judicial assemblies, an example being the French medieval and early modern parlements. Etymology The English term is derived from Anglo-Norman and dates to the 14th century, coming from the 11th century Old French , "discussion, discourse", from , meaning "to talk". The meanin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Act
The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still in force with amendments, it is the primary document that defines how the Government of Canada interacts with the 614 First Nation bands in Canada and their members. Throughout its long history, the act has been a subject of controversy and has been interpreted in different ways by both Indigenous Canadians and non-Indigenous Canadians. The legislation has been amended many times, including "over five major changes" made in 2002. The act is very wide-ranging in scope, covering governance, land use, healthcare, education, and more on Indian reserves. Notably, the original ''Indian Act'' defines two elements that affect all Indigenous Canadians: :It says how reserves and bands can operate. The act sets out rules for governing Indian res ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iqualuit, Nunavut
Iqaluit ( ; , ; ) is the capital of the Canadian territory of Nunavut, its largest community, and its only city. It was known as Frobisher Bay from 1942 to 1987, after the large bay on the coast on which the city is situated. In 1987, its traditional Inuktitut name was restored. In 1999, Iqaluit was designated the capital of Nunavut after the division of the Northwest Territories into two separate territories. Before this event, Iqaluit was a small city and not well known outside the Canadian Arctic or Canada, with population and economic growth highly limited. This is due to the city's isolation and heavy dependence on expensive imported supplies, as the city, like the rest of Nunavut, has no road or rail, and only has ship connections for part of the year to the rest of Canada. The city has a polar climate, influenced by the cold deep waters of the Labrador Current just off Baffin Islandthis makes the city of Iqaluit cold, although it is well south of the Arctic Circle. A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ontario Court Of Justice
The Ontario Court of Justice is the provincial court of record for the Canadian province of Ontario. The court sits at more than 200 locations across the province and oversees matters relating to family law, criminal law, and provincial offences. Jurisdiction This court is subordinate in relationship to the "superior" courts. The phrase "provincial court" or "territorial court" is often used to mean a lower court whose decisions can be reviewed by a superior court. Decades ago, they were managed at the local municipal level. The Ontario Court of Justice is a division of the Court of Ontario. The other division of the Court of Ontario is the Superior Court of Justice. Until 1999, the Ontario Court of Justice was known as the Ontario Court (Provincial Division). Family law Family law cases deal with matters of custody, access and support, child protection so long as these are not incidental of or were not previously a part of a divorce application. Cases are heard by a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ontario Court Of Appeal
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) 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 one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal 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 was the 2003 ruling in '' Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louis LeBel
Louis LeBel (born November 30, 1939) is a former puisne justice of the Supreme Court of Canada. He served on the Court from 2000 to 2014. LeBel was born in Quebec City. He is the son of lawyer Paul LeBel, Q.C. He went to school at the Collège des Jésuites, graduating with a BA in 1958. LeBel earned his law degree at Université Laval in 1962 and went on to get an LL.M from the University of Toronto in 1966. He was a top student, winning the Governor General's medal, the Lieutenant General's medal and the Tessier silver medal. He was called to the bar in 1962 and practised in Quebec City in several firms until 1984. During this period he taught at the University of Ottawa and Université Laval. On June 28, 1984, he was appointed directly to the Quebec Court of Appeal. He stayed on the Court until he was appointed by Jean Chrétien to the Supreme Court in 2000. He is married to Louise Poudrier since August 28, 1965. His wife is also a lawyer and taught at Université Laval ... [...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 that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. 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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Criminal Case Law
Canadians (french: Canadiens) 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. Canada has also been strongly influenced by its linguistic, geographic, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
