Browse "Types of Law"

Displaying 61-80 of 83 results
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Names

Personal names carry history, traditions, identity, spiritual meaning and hopes. The history of Canada includes both developments and controversy in naming. Naming has been an issue for many aboriginal communities. The use of European-origin names instead of traditional names is one example.

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Opting-Out

Opting-Out originated as a device by which one or more provinces choose not to participate in a federal-provincial shared cost program; instead the province receives direct payment (in cash or tax room) of funds which would have been spent there.

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Organized Crime in Canada

Organized Crime is defined in the Criminal Code of Canada as a group of three or more people whose purpose is the commission of one or more serious offences that would "likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group." But perhaps a more succinct definition was given by a former United States mob boss who described it as "just a bunch of people getting together to take all the money they can from all the suckers they can."

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Peace, Order and Good Government

“Peace, order and good government” are the words used in section 91 of the British North America Act of 1867 (now Constitution Act, 1867) to define the Canadian Parliament’s lawmaking authority in relation to provincial authority. The phrase’s vague and broad definition of Parliament’s authority over provincial matters has caused tensions between federal and provincial governments over the scope of powers since Confederation. It has come to be considered the Canadian counterpart to the United States’ “life, liberty and the pursuit of happiness.”

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Piracy

Halifax has been the site of 2 piracy trials. In 1809 Edward and Margaret Jordan and a sailor named Kelly were tried for seizing the Three Sisters, previously owned by Jordan, and for murdering a number of the crew.

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Procedural Law

Procedural Law encompasses legal rules governing the process for settlement of disputes (criminal and civil). In contrast, SUBSTANTIVE LAW sets out the rights and obligations of members of society. Procedural and substantive law are complementary.

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Property Law

Property, in the legal sense, can mean real property in the form of land and buildings, or personal, movable property. Property law — whether under the common law in most of Canada, or the Civil Code in Quebec — deals with a wide range of rights and obligations owing to individuals and governments, and has evolved enormously, particularly in fairness to women, since the 19th Century.

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Section 98 Criminal Code

Section 98 was an offence in the CRIMINAL CODE of Canada from 1919 to 1936. The section was drafted in 1919 in response to the general labour unrest in the country, which culminated in the WINNIPEG GENERAL STRIKE.

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Sentencing Hate Crimes

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.

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Sexual Abuse of Children

Sexual abuse of children has been defined in Ontario as abuse that includes "any sexual intercourse, sexual molestation, exhibitionism or sexual exploitation involving a child that could be a violation of the Criminal Code or render the child in need of protection under the Child Welfare Act.

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Sexual Assault

Until it was amended in 1982 the Criminal Code contained the offence of rape. The offence required proof that a man had sexual intercourse with a woman other than his wife without the woman's consent. It was punishable by up to life imprisonment.

Macleans

Sexual Harassment on Police Force

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.

Macleans

Sikh Editor Murdered

The sheer cowardice of the act was chilling. Someone, it appears, waited in the dusk that comes early this time of year for Tara Singh Hayer, the editor of North America’s largest Punjabi-language newspaper, to return to his home in Surrey, B.C., at the end of the workday on Nov. 18.

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Stare Decisis

Stare decisis [Latin, "let the decision stand"] refers to the doctrine of precedent, according to which the rules formulated by judges in earlier decisions are to be similarly applied in later cases.

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Substantive Law

Substantive Law, body of law concerned with rights and obligations, as opposed to PROCEDURAL LAW which concerns how to enforce and defend such rights and obligations.

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Succession (Wills)

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.

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Torts in Canada

​Tort law provides compensation for people who have been injured, or whose property has been damaged by the wrongdoing of others.

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Traffic Law in Canada

​The regulation of motor vehicle traffic is one of the greatest legal challenges of the 21st century. Governments make traffic laws and statutes, but common law rules still play an important role.