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R v Elliott was a criminal harassment trial based in Toronto, Ontario, Canada.Gregory Alan Elliott was charged with criminally harassing three women in the Toronto area, following a protracted dispute with feminist activist Stephanie Guthrie.
R v Lucas is the leading Supreme Court of Canada decision on the criminal offence of defamatory libel. [2] The Court held that the Criminal Code offence of defamatory libel infringed the constitutional protection of freedom of expression under Section 2(b) of the Canadian Charter of Rights and Freedoms, but the offence was a reasonable limit prescribed by law under Section 1 of the Charter.
The Civil Code of Quebec has different parameters for liability which the Supreme Court of Canada applies in appeals from Quebec. In Quebec, defamation was originally grounded in the law inherited from France. After Quebec, then called New France, became part of the British Empire, the French civil law was preserved.
The case challenged the federal government's obscenity laws under the criminal code. [10] The book frequently used the word ‘fuck’ and used detailed descriptions of adultery which insulted some readers. [24]: 73 The argument was made that the book was obscene, faced issues with obscenity and would corrupt and degrade readers.
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act and ...
The Criminal Code contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the Firearms Act , the Controlled Drugs and Substances Act , the Canada Evidence Act , the Food and Drugs Act , the Youth Criminal Justice Act and the Contraventions Act .
Under the heading of "Equality Rights" this section states: 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
The right to reasonable bail was examined in R. v. Morales (1992) when a person was denied bail under section 515 of the Criminal Code, which allowed detention where it "is necessary in the public interest or for the protection or safety of the public, having regard to all the circumstances including any substantial likelihood that the accused ...