Compact Theory of Confederation
Compact Theory of Confederation, see CONSTITUTIONAL HISTORY.
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Compact Theory of Confederation, see CONSTITUTIONAL HISTORY.
An advance directive (sometimes referred to as a "living will") is a legal mechanism which enables individuals to plan for their own incapacity, and specifically for the situation where decisions have to be taken with respect to their health care after they are no longer mentally capable of making (or communicating) these decisions personally.
Two main groups of people lack capacity for criminal responsibility - the very young and the mentally disordered.
The media are the means by which we receive information we want and need. Over time, town criers and clay tablets have given way to printed text. Now, a wide variety of aural and visual information is conveyed to us in bits and bytes through a number of intermediaries.
For many offences, the Criminal Code prescribes only maximum sentences, giving judges wide latitude to determine fit penalties. Judges consider a broad array of aggravating and mitigating factors in sentencing. One aggravating factor is the motivation of racial or group hatred for an offence.
In Canada, the public promotion of hate against identifiable groups and the advocacy of genocide is, under certain conditions, a criminal offence, punishable by up to 2 years' imprisonment.
This term is used to describe rights which protect the results of intellectual and creative activity: items such as a new product, a book or painting, or a marketing slogan.
A common-law union occurs when two people live together in a conjugal relationship, generally for at least a year (or more depending on the province in which they reside). Common-law couples in Canada have many of the same legal, parental and financial rights and obligations as married couples.
Family law is critical to most Canadians as it governs relationships between spouses, and between parents and their children. In family law, marriage and divorce fall under federal jurisdiction but most other issues, including adoption and matrimonial property disputes, fall under provincial laws that vary widely. Traditional family structures have changed significantly over time, with increasing numbers of same-sex and common law relationships, and growing divorce rates. This has led to intense debates over the future of family law, court challenges and provincial reviews of legislation.
The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.
This article was originally published in Maclean’s magazine on April 10, 1995. Partner content is not updated.For Alice Clark, joining the RCMP in 1980 was the fulfilment of a teenage dream. Two years later, the Hamilton native was posted to the 60-member detachment at Red Deer, Alta., where, at first, the men she worked with were welcoming and helpful. Then, she was transferred to city traffic duty.
“Peace, order and good government” is a phrase that is used in section 91 of the British North America Act of 1867 (now called the Constitution Act, 1867). It offers a vague and broad definition of the Canadian Parliament’s lawmaking authority over provincial matters. Since Confederation, it has caused tensions between federal and provincial governments over the distribution of powers. The phrase has also taken on a value of its own with Canadians beyond its constitutional purpose. It has come to be seen as the Canadian counterpart to the American “life, liberty and the pursuit of happiness” and the French “liberty, equality, fraternity.”
International homicide statistics are generally unreliable and always outdated, but Canada usually ranks at the lower end among similar nations. In 1996, for example, Canada's rate of 2.1 per 100 000 population ranked above Japan (1.0), Sweden (1.1) and England (1.
Malpractice is intentional or negligent failure by any professional, eg, doctor, lawyer, accountant, to meet the standards of reasonable competence in his field. These standards are set taking into account the circumstances in which the professional is acting.
A corporation is an artificial entity created by or under the laws of a state. Corporation law (also referred to as company law) is the body of law that governs the formation, governance and dissolution of corporations. The corporation is the dominant form of business organization in Canada.
When a person dies, that person's property or its value is transferred to the persons entitled to it after payment of any outstanding debts and liabilities; this process is described as succession.
Civil procedure, the body of law concerning the prescribed methods of resolving disputes through litigation (see Civil Law). "Civil" distinguishes this body of law from criminal procedure, which concerns the methods of prosecuting criminal offences.
Estate, very generally, means all property owned by an individual. For example, the property (including land) owned by a deceased person is referred to as that person's estate. The estate can commence and be subject to legal proceedings, and can be liable to pay debts.
White-Collar Crime consists of occupational crime and corporate crime. Occupational crime refers to offences committed against legitimate institutions (businesses or government) by those with "respectable" social status.
Civil Law, the system of LAW that evolved from the Roman law compilations of the Emperor Justinian. Today it is found in countries of continental Europe as well as their former colonies and, in Canada, in Québec. In many jurisdictions it is in force in the form of a CIVIL CODE.