Browse "Types of Law"

Displaying 61-80 of 82 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 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.” Organized crime centres on illegal means of making money, such as gambling; prostitution; pornography; drug trafficking; insurance and construction fraud; illegal bankruptcy; motor vehicle theft; computer crime; and counterfeiting, among many others. The structure, sophistication and widespread nature of organized crime first became evident in the 1960s and 1970s. Some criminal organizations are based on ethnicity, such as the Italian Mafia and Chinese triads. Others are founded within certain industries (e.g., construction) or activities (e.g., biker gangs).

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Patriation Reference

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriateand amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

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Peace, Order and Good Government

“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.”

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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

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.

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 is a cornerstone of the Canadian legal system. It provides compensation for people who have been injured; or whose property has been damaged by the wrongdoing of others. Tort law is a vast area of private law. It has evolved to keep up with technology and social issues. It has been used by a growing number of victims of crime to help them seek justice against perpetrators. It has also been at the centre of high-profile Canadian cases involving the abuse of children; and the liability of governments for failing to protect citizens from contagious diseases and from defective medical devices.

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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.

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Treason

Treason is probably the oldest and most serious offence in political society, with the possible exception of murder. The earliest English treason legislation, which dates from 1351, is the basis of all treason legislation in the English-speaking world.

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