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There are three different grounds for detaining an accused prior to sentence. [29] They are commonly referred to as primary grounds, secondary grounds, and tertiary grounds. Primary grounds refers to whether detention is necessary to ensure the accused's attendance in court. Considerations include the accused's criminal history, their behaviour ...
The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.
In cases without physical restraint or legal obligation, it may not be clear whether a person has been detained. To determine whether a reasonable person in the individual's circumstances would conclude they had been deprived by the state of the liberty of choice, the court may consider, inter alia , the following factors: [ 2 ]
In Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7, it was held as a principle of fundamental justice that the state cannot impose obligations on lawyers that undermine their duty of commitment to clients. The case arose in the content of federal money laundering legislation which required lawyers to retain ...
Volumes of the Statutes of Canada at a law library. The Statutes of Canada (SC) compiles, by year, all the laws passed by the Parliament of Canada since Confederation in 1867. They are organized by alphabetical order and are updated and amended by the Government of Canada from time to time.
In R. v. Nedelcu, 2012 SCC 59, a majority of the Supreme Court of Canada found that the prosecution in a criminal trial could use prior inconsistent testimony from a civil trial to impeach an accused person's credibility.
In Canada, the rules of civil procedure are administered separately by each jurisdiction, both federal and provincial. Nine provinces and three territories in Canada are common law jurisdictions. One province, Quebec, is governed by civil law. [1] In all provinces and territories, there is an inferior and superior court. [1]
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; 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.
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