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Reasons Of The Supreme Court Of Canada By Justice Abella ...
This is a list of all the reasons written by Rosalie Abella during her tenure as puisne justice of the Supreme Court of Canada. 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 {{Supreme Court of Canada Abella Abella, often known as Abella of Salerno or Abella of Castellomata, was a physician in the mid fourteenth century. Abella studied and taught at the Salerno School of Medicine. Abella is believed to have been born around 1380, but the exact time ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rosalie Abella
Rosalie Silberman Abella (born July 1, 1946) is a Canadian jurist. In 2004, Abella was appointed to the Supreme Court of Canada, becoming the first Jewish woman and refugee to sit on the Canadian Supreme Court bench. She retired from the federal bench in 2021. Early life and education Rosalie Silberman Abella was born on July 1, 1946, the daughter of Jacob and Fanny (Krongold) Silberman. She was born in a displaced persons camp in Stuttgart, Germany. Her father was born in Sienno, Poland, in 1910, while her mother was born in Ostrowiec in 1917. Abella's older sister was murdered in the Holocaust. Her parents both survived, Jacob Silberman was liberated from Theresienstadt Concentration Camp, Fanny Silberman survived Buchenwald Concentration Camp. Jacob had studied law at the Jagiellonian University in Cracow and was appointed head of legal services for displaced persons in the US Zone of Southwest Germany. In 1950, her family was admitted into Canada, though Jacob Silber ... [...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 Turcotte
''R v Turcotte'', 0052 S.C.R. 519 is a leading Supreme Court of Canada decision on the common law right to silence and the conditions to waive that right. Background Three men who worked at a ranch in British Columbia, identified as Terry Price, Kim Martindale, and Andy Heikkila, were murdered with an axe. Thomas Turcotte, a work-hand at the ranch, claimed to have found the bodies of the three men but denied killing them. He went to the police to tell them to send someone to the ranch, but he would not explain why, even at the insistence of the police. When the bodies were found Turcotte was charged with murder. At trial the judge instructed the jury that his silence was admissible as evidence of "post-offence conduct", from which guilt could be inferred. All of the evidence was circumstantial, but Turcotte was found guilty of three counts of second degree murder. The defence appealed on the grounds that silence could not be "post-offence conduct". The British Columbia Court of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EB V Order Of The Oblates Of Mary Immaculate In The Province Of British Columbia
''EB v Order of the Oblates of Mary Immaculate in the Province of British Columbia'', 0053 SCR 45; 2005 SCC 60 is a leading case decided by the Supreme Court of Canada on vicarious liability in employment law and on the application of Bazley v Curry. The Court held that a residential school could not be held liable for the sexual assault Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, whi ...s committed by a support staff member because there was not enough connection between the employee's position and the risk of harm. External links * Supreme Court of Canada cases Child abuse case law 2005 in Canadian case law Catholic Church sexual abuse scandals in Canada {{Canada-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Multani V Commission Scolaire Marguerite‑Bourgeoys
''Multani v Commission scolaire Marguerite‑Bourgeoys'', 0061 S.C.R. 256, 2006 SCC 6 is a decision by the Supreme Court of Canada in which the Court struck down an order of a Quebec school authority, that prohibited a Sikh child from wearing a kirpan to school, as a violation of freedom of religion under section 2(a) of the ''Canadian Charter of Rights and Freedoms''. This order could not be saved under section 1 of the ''Charter''. The case involved a 13-year-old Sikh named Gurbaj Singh, who in November 2001 dropped a metal kirpan at his school, École Sainte‑Catherine‑Labouré. This prompted the school board to request certain limits on the wearing of the kirpan, including that it be covered at all times. The Sikh family accepted this request. However, another board, in February 2002, overrode the school board, deciding that the kirpan was a weapon and thus was not allowed under the code of conduct. The council of commissioners agreed with the latter decision, although ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robertson V Thomson Corp
''Robertson v Thomson Corp'', is a 2006 Supreme Court of Canada decision on the ownership of copyright in published text that are stored in databases. The ruling held that though a newspaper held the copyright in the collection and the arrangement of freelance articles and in its newspaper, it could not publish the articles within a database. Publication within the database would remove the articles from the context of the collective work and therefore their publication as such was not within the rights held by the newspaper. Background In 1995, Heather Robertson, a freelance writer, wrote two articles that were published in the print edition of '' The Globe and Mail''. Later, the newspaper placed copies of her articles in three databases, including Info Globe Online, an online database of Globe and Mail articles, as well as the Canadian Periodical Index. The databases did not contain many aspects of the print version of the Globe and Mail. They did not contain the advertisement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Hutchinson
''R v Hutchinson'', 2014 SCC 19 is a decision of the Supreme Court of Canada on sexual assault and consent under the Criminal Code (Canada), Criminal Code. The Court upheld the sexual assault conviction of a defendant in a Non-consensual condom removal, condom sabotage case, holding that the complainant's consent to sexual activity with him had been vitiated by fraud when he poked holes in his condom. In the case Craig Hutchinson, the accused, had engaged in sexual intercourse with his partner, who had agreed on the condition that he use a condom. However, unknown to her, he had poked holes in it, resulting in the complainant becoming pregnant. On trial, he was convicted of aggravated sexual assault. He appealed to the Nova Scotia Court of Appeal, which upheld his conviction, with the majority holding that the use or non-use of a condom was an essential feature of sexual intercourse, and that the consent to one didn't apply to the other. The Supreme Court, applying sections 273.1( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Re Supreme Court Act, Ss 5 And 6
''Reference Re'' Supreme Court Act'', ss. 5 and 6'', 2014 SCC 21 is a decision of the Supreme Court of Canada concerning the eligibility of members of the Quebec courts and the Quebec Bar to be appointed to the three seats on the Supreme Court reserved for Quebec. The case also considers the constitutional status of the Supreme Court, holding that the Court has been constitutionally entrenched by the ''Constitution Act, 1982'', and that the composition of the Court, including eligibility for appointment, can only be amended by unanimous consent of the House of Commons, Senate and all provincial legislative assemblies. Background The case arose when the federal government appointed Justice Marc Nadon to the position of puisne justice of the Supreme Court of Canada, on October 3, 2013. At the time of the appointment, Justice Nadon was a supernumerary judge of the Federal Court of Appeal, having served on the federal courts for over 20 years. Justice Nadon had been a member of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McCormick V Fasken Martineau DuMoulin LLP
is a landmark decision of the Supreme Court of Canada in distinguishing relationships of partnership from those of employment. Background In 1979, McCormick became an equity partner at the law firm Fasken Martineau. Subsequently, in the 1980s, the equity partners voted to adopt a provision in their Partnership Agreement that required equity partners to retire as equity partners and divest their ownership shares at the end of the year in which they turned 65. A partner could make individual arrangements to continue working as an employee or as a "regular" (i.e., non-equity) partner, but such arrangements were stated in the Agreement to be the exception rather than the rule. In 2009, when he was 64, McCormick brought a complaint to the British Columbia Human Rights Tribunal arguing that this provision constituted age discrimination in employment, contrary to s. 13(1) of the province's ''Human Rights Code''. The law firm applied to have the complaint dismissed on the grounds that, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Saskatchewan Federation Of Labour V Saskatchewan
''Saskatchewan Federation of Labour v Saskatchewan'' 0151 SCR 245is a Canadian labour law case on the right to strike. Facts The Saskatchewan Federation of Labour and a group of other unions claimed that two new provincial statutes violated the Canadian Charter of Rights and Freedoms by suppressing the freedom to take collective action and collective bargaining. The government of Saskatchewan introduced Public Service Essential Services Act 2008 which would have unilaterally designated public sector workers' services as "essential" and therefore prohibited strike action. The new Trade Union Amendment Act 2008 increased the level of employee support to unionize, so making it more difficult to organize a union. Judgment The Canadian Supreme Court held that the Public Service Essential Services Act 2008 was an unwarranted interference with the right to strike and the right to collective bargaining, as previously elaborated in ''Health Services and Support – Facilities Subsector ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mouvement Laïque Québécois V Saguenay (City)
is a Canadian administrative law case, dealing with the effect of a prayer held at the beginning of a municipal council session on the state's duty of neutrality in relation to freedom of conscience and freedom of religion. The decision upheld an earlier decision by the Quebec Human Rights Tribunal, ordering the Saguenay council to stop recitation of the prayer and rendering the by-law supporting such prayer inoperable, as well as imposing $30,000 in compensatory and punitive damages. The ruling has implications for all levels of government in Canada, and several cities announced changes to drop the use of prayers before municipal meetings. Background The City of Saguenay mayor Jean Tremblay (2002 to 2015) opened public city council sessions by reciting the following prayer: Tremblay would also make the sign of the Cross while saying "in the name of the Father, the Son and the Holy Spirit," in the Roman Catholic tradition. Council chambers in La Baie and Chicoutimi, two co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carter V Canada (AG)
''Carter v Canada (AG)'', 2015 SCC 5 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") by several parties, including the family of Kay Carter, a woman suffering from degenerative spinal stenosis, and Gloria Taylor, a woman suffering from amyotrophic lateral sclerosis ("ALS").Carter v. Canada: The Death with Dignity Case British Columbia Civil Liberties Association In a unanimous decision on February 6, 2015, the Court struck down the provision in the '''', thereby giving Canadian adults who are mentally competent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
