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R V Wells
''R v Wells'' is a decision of the Supreme Court of Canada with respect to sentencing principles set out in s 718.2(e) of the Criminal Code, relating to Aboriginal offenders. The decision clarified the principles set out in the Court's earlier decision in ''R v Gladue''. Background The offender was attending a house party where he assaulted an 18-year-old girl while she was sleeping. The offender was convicted. At the sentencing hearing he asked for a conditional sentence, citing s 718.2(3) of the Criminal Code, which directs that sentencing courts should take the circumstances of Aboriginal offenders into account when considering whether to give a non-custodial sentence. The trial judge agreed that the court must take into account the offender's Aboriginal heritage, but held that the sentence could not be served in the community since it would not provide sufficient denunciation and deterrence. The Alberta Court of Appeal upheld the sentence. Reasons of the Court Justice Iacobu ... [...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] |
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] |
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] |
Conditional Sentence
Conditional sentences are natural language sentences that express that one thing is contingent on something else, e.g. "If it rains, the picnic will be cancelled." They are so called because the impact of the main clause of the sentence is ''conditional'' on the dependent clause. A full conditional thus contains two clauses: a dependent clause called the ''antecedent'' (or ''protasis'' or ''if-clause''), which expresses the condition, and a main clause called the ''consequent'' (or ''apodosis'' or ''then-clause'') expressing the result. Languages use a variety of grammatical forms and constructions in conditional sentences. The forms of verbs used in the antecedent and consequent are often subject to particular rules as regards their tense, aspect, and mood. Many languages have a specialized type of verb form called the conditional mood – broadly equivalent in meaning to the English "would (do something)" – for use in some types of conditional sentences. Types of conditio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alberta Court Of Appeal
The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Canadian appellate court. 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 administrative boards and tribunals, as well as references from the 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 Conservation Act''. Appeals from the Court of Appeal lie with the Supreme Court of Canada, Canada's court of last resort. Other than certain criminal matters, appeals to the Supreme Court of Canada are heard only by leave of that court. Since the Supreme Court denies leave in most cases, the Court of Appeal is the fin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases (Lamer Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court sy ... to his retirement. 19901994 19951999 See also * List of notable Canadian Courts of Appeals cases {{Supreme Court of Canada (1990-2000) ... [...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] |
