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Seneca College v Bhadauria, [1981] 2 SCR 181 is a leading decision of the Supreme Court of Canada on civil rights and tort law. The Court ruled that there can be no common law tort of discrimination .
This right has generated some case law, as courts have struck down reverse onus clauses as violating the presumption of innocence. This first occurred in R. v. Oakes (1986) in respect to the Narcotics Control Act. This was also the case in which the Court developed the primary test for measuring rights limitations under section 1 of the Charter ...
The Melbourne Magistrates' Court.In Victoria, Australia, all summary offences are heard in the Magistrates' Court. A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, [1] [2] [3] without the right to a jury trial and/or indictment (required for an indictable offence).
This is a chronological list of notable cases decided by the Supreme Court of Canada from the formation of the Court in 1875 to the retirement of Gérald Fauteux in 1973. Note that the Privy Council heard appeals for criminal cases until 1933 and for civil cases until 1949. Also between 1888 and 1926, no criminal appeals were allowed to the ...
With all indictable offences under heads 1 to 4, summary jurisdiction depends on consent of the accused or a person with authority over him after receiving due information as to the right to go to a jury, and the punishments on summary conviction in such cases are not those that could be imposed after conviction or indictment, but were limited ...
R. v. Jordan [2] was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 ...
All non-summary offences are indictable: the available penalties are greater for indictable offences than for summary offences. These in turn may be divided into three categories: 1. Very serious indictable-only offences including treason and murder (section 235) [2] that are listed in section 469 of the Criminal Code. [2]
A judge has discretion to increase the credit to 1.5 days for every day of pre-trial custody, provided the person was not detained due to prior convictions or because they were breaching their bail. R v Hussain (2018) ruled it unfair to punish a person twice for bail condition breaches. Regarding bail breaches if a sentence is ruled then the ...