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R V Oakes
''R v Oakes'' [1986] 1 Supreme Court Reports (Canada), SCR 103 is a Supreme Court of Canada decision that established the legal test for whether a government action infringing a right under the ''Canadian Charter of Rights and Freedoms'' is justified. David Oakes challenged the validity of provisions under the ''Narcotic Control Act'' that provided a person found in possession of a narcotic, absent of evidence to the contrary, must be convicted of trafficking the narcotic. Oakes contended the presumption of trafficking violated the presumption of innocence guarantee under Section Eleven of the Canadian Charter of Rights and Freedoms, section 11(d) of the Charter. The Supreme Court established the ''Oakes'' test as an analysis of the Section One of the Canadian Charter of Rights and Freedoms, limitations clause (section 1) of the ''Charter'' that allows reasonable limitations on rights and freedoms through legislation if the limitation is motivated by a "pressing and substanti ... [...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] |
Parliament Of Canada
The Parliament of Canada () is the Canadian federalism, federal legislature of Canada. The Monarchy of Canada, Crown, along with two chambers: the Senate of Canada, Senate and the House of Commons of Canada, House of Commons, form the Bicameralism, bicameral legislature. The 343 members of the lower house, the House of Commons, are styled as Member of Parliament (Canada), ''Members of Parliament'' (MPs), and each elected to represent an Electoral district (Canada), electoral district (also known as a riding). The 105 members of the upper house, the Senate, are styled ''senators'' and appointed by the Governor General of Canada, governor general on the advice of the Prime Minister of Canada, prime minister. Collectively, MPs and senators are known as ''parliamentarians''. Bills may originate in either the House of Commons or the Senate, however, bills involving raising or spending funds must originate in the House of Commons. By Constitutional convention (political custom), cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms Case Law
Canadians () 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 and Canadian values. Canada has also been strongly influenced by its linguistic, geographic, a ... [...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 successfully appealed to the Court are generally of national importance. Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices. Understanding the background of the cases, the reasoning and the authorship can be important and insightful, as each judge may have varying beliefs in legal theory and interpretation. 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 the ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proportionality (law)
Proportionality is a general principle in law which covers several separate (although related) concepts: *The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. *Within criminal law, the concept is used to convey the idea that the punishment of an offender should fit the crime. *Under international humanitarian law governing the legal use of force in an armed conflict, ''proportionality'' and '' distinction'' are important factors in assessing military necessity. *Under the United Kingdom's Civil Procedure Rules, costs must be "proportionately and reasonably incurred", or "proportionate and reasonable in amount", if they are to form part of a court ruling on costs. Proportionality as a general princ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Big M Drug Mart Ltd
''R v Big M Drug Mart Ltd'' ''(Her Majesty The Queen in Right of Canada v Big M Drug Mart Ltd)'' is a landmark decision by Supreme Court of Canada where the Court struck down the federal '' Lord's Day Act'' for violating section 2 of the ''Canadian Charter of Rights and Freedoms''. This case had many firsts in constitutional law including being the first to interpret section two. Background In 1978, Nancy Lockhart and Michael Lasrado opened Big M Drug Mart, a supermarket in the Forest Lawn community in Calgary. Big M and other stores remained open on Sundays despite the prohibition in the ''Lord's Day Act'' as revenue exceeded the small fines of between $15–$40 ($–$ in ). On Sunday, May 30, 1982, Calgary police officers entered Big M Drug Mart and observed the sale of groceries, plastic cups, and a bicycle lock to customers in contravention of the federal ''Lord's Day Act''. At the Provincial Court of Alberta, Justice Brian Stevenson acquitted Big M Drug Mart and fou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Seven Of The Canadian Charter Of Rights And Freedoms
Section 7 of the ''Canadian Charter of Rights and Freedoms'' is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice. This ''Charter'' provision provides both substantive and procedural rights. It has broad application beyond merely protecting due process in administrative proceedings and in the adjudicative context, and has in certain circumstances touched upon major national policy issues such as entitlement to social assistance and public health care. As such, it has proven to be a controversial provision in the ''Charter''. Text Under the heading of "Legal Rights", the section states: Application The wording of section 7 says that it applies to "everyone". This inc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Saskatchewan Court Of Queen's Bench
The Court of King's Bench for Saskatchewan (Court of Queen's Bench for Saskatchewan during the reign of female monarchs) is the superior trial court for the Canadian province of Saskatchewan. Structure and organization The court consists of 29 full-time judges and 10 supernumerary judges, all appointed and paid by the federal government. The court's Chief Justice, currently Martel D. Popescul, is styled the Chief Justice of the King's Bench. Both the Chief Justice and puisne justices are addressed as "My Lord" or "My Lady" and referred to as "His Lordship" or "Her Ladyship". This differs from the terminology used in the Provincial Court of Saskatchewan, whose judges are "Your Honour", "His Honour" or "Her Honour". The court sits in nine judicial centres and actions are generally brought in the judicial centre closest to where the action arose, or the residence or place of business of the defendant. Jurisdiction The court hears civil and criminal law cases. It is a court of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Bill Of Rights
The ''Canadian Bill of Rights'' () is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian common law.Joseph E. Magnet''Constitutional Law of Canada'', 8th ed., Part VI, Chapter 1, Juriliber, Edmonton (2001). URL accessed on March 18, 2006. The ''Canadian Bill of Rights'' remains in effect but is widely acknowledged to be limited in its effectiveness because it is a federal statute only, and so not directly applicable to provincial laws. These legal and constitutional limitations were a significant reason that the ''Canadian Charter of Rights and Freedoms'' was established as an unambiguously-constitutional-level Bill of Rights for all Canadians, governing the application of bo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reverse Onus
Reverse or reversing may refer to: Arts and media *Reverse (Eldritch album), ''Reverse'' (Eldritch album), 2001 *Reverse (2009 film), ''Reverse'' (2009 film), a Polish comedy-drama film *Reverse (2019 film), ''Reverse'' (2019 film), an Iranian crime-drama film *Reverse (Morandi album), ''Reverse'' (Morandi album), 2005 *Reverse (TV series), ''Reverse'' (TV series), a 2017–2018 South Korean television series *"Reverse", a 2014 song by SomeKindaWonderful *REVERSE art gallery, in Brooklyn, NY, US *Reverse tape effects including backmasking, the recording of sound in reverse * ''Reversing: Secrets of Reverse Engineering'', a book by Eldad Eilam *''Tegami Bachi: REVERSE'', the second season of the ''Tegami Bachi'' anime series, 2010 Driving * Manual_transmission#Reverse gear, Reverse gear, in a motor or mechanical transmission * Reversing (vehicle maneuver), reversing the direction of a vehicle * Turning in the road, Turning a vehicle through 180 degrees Sports and games *Reverse (A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Workers' Compensation
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers. While plans differ among jurisdictions, Provision (contracting), provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functionin ... [...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] |
