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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] |
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] |
Canadian Indian Residential School System
In Canada, the Indian residential school system was a network of boarding schools for Indigenous peoples. The network was funded by the Canadian government's Department of Indian Affairs and administered by Christian churches. The school system was created to isolate Indigenous children from the influence of their own native culture and religion in order to assimilate them into the dominant Canadian culture. Over the course of the system's more than hundred-year existence, around 150,000 children were placed in residential schools nationally. By the 1930s, about 30 percent of Indigenous children were attending residential schools. The number of school-related deaths remains unknown due to incomplete records. Estimates range from 3,200 to over 30,000, mostly from disease. The system had its origins in laws enacted before Confederation, but it was primarily active from the passage of the ''Indian Act'' in 1876, under Prime Minister Alexander MacKenzie. Under Prime Min ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1999 In Canadian Case Law
File:1999 Events Collage.png, From left, clockwise: The funeral procession of King Hussein of Jordan in Amman; the 1999 İzmit earthquake kills over 17,000 people in Turkey; the Columbine High School massacre, one of the first major school shootings in the United States; the Year 2000 problem ("Y2K"), perceived as a major concern in the lead-up to the year 2000; the Millennium Dome opens in London; online music downloading platform Napster is launched, soon a source of online piracy; NASA loses both the Mars Climate Orbiter and the Mars Polar Lander; a destroyed T-55 tank near Prizren during the Kosovo War., 300x300px, thumb rect 0 0 200 200 Death and state funeral of King Hussein rect 200 0 400 200 1999 İzmit earthquake rect 400 0 600 200 Columbine High School massacre rect 0 200 300 400 Kosovo War rect 300 200 600 400 Year 2000 problem rect 0 400 200 600 Mars Climate Orbiter rect 200 400 400 600 Napster rect 400 400 600 600 Millennium Dome 1999 was designated as the Interna ... [...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] |
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] |
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] |
Healing Lodge
A healing lodge is a Canadian correctional institution designed to meet the needs of Aboriginal (First Nations, Métis, and Inuit) inmates. Healing lodges were created to address the concern that traditional prisons do not work on aboriginal offenders. Aboriginals are over-represented in the prison system and are also more likely to be the victims of crime. In healing lodges, the focus is on healing and reconnecting with indigenous culture while inmates serve their sentences. Connecting to nature, participating in cultural ceremonies, and learning spiritual teachings are how Healing Lodges process the rehabilitation and healing of inmates. They also have access to spiritual guidance from Elders and are encouraged to maintain connections with their families and communities. Healing lodges were proposed as an alternative for Aboriginal female offenders, but there are now healing lodges for Aboriginal male offenders as well. Women's healing lodges are minimum/medium-security facilities, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gladue Court
Criminal sentencing in Canada is governed by the Canadian ''Criminal Code.'' The ''Criminal Code'', along with the Supreme Court of Canada, have distinguished the treatment of Indigenous individuals within the Canadian Criminal Sentencing Regime. In sentencing, when an individual is found guilty of a criminal offence, a Canadian judge must consider the relevant provisions of the ''Criminal Code'' as well as relevant Canadian sentencing jurisprudence related to Indigenous Canadians. This distinguishment is a result of disproportionate sentencing of Indigenous peoples in Canada. It has resulted in specific sentencing regimes from the Supreme Court of Canada, and the ''Criminal Code'', alongside other culturally sensitive sentencing practices. Background Historically, a number of organizations, as well as governmental and international bodies have published reports which address the issues with the sentencing of Indigenous individuals and the issues of overincarceration. This issue ... [...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 his retirement from the bench in 2004. He was the first Italian-Canadian, allophone 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. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Sentencing In Canada
Canadian criminal law is governed by the ''Criminal Code'', which includes the principles and powers in relation to criminal sentencing in Canada. A judge sentences a person after they have been found guilty of a crime. After a determination is made about the facts being relied on for sentencing, and hearing from both the Crown and the defence about what the appropriate sentence should be, the judge must pick from a number of different sentencing options found in the ''Criminal Code'', based on a number of factors. Some offences have a minimum sentence, and there may also be a maximum sentence depending on the nature of the offence. The maximum determinate sentence is a life sentence with a 25-year parole ineligibility period. For offences committed prior to 2 December 2011 all life sentences and related parole ineligibility periods are served concurrently (at the same time). In cases of multiple murder, where the offence occurred after 2 December 2011 (the date new legislation ... [...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 Un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
