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A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
The clause has been invoked most frequently by Quebec, including the blanket application of the clause to every law from 1982–1985, a French-only sign law in 1988, a law prohibiting state-affiliated employees from wearing religious symbols in 2019, [17] and a law strengthening the use of French in 2022. Saskatchewan passed a back-to-work law ...
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] For certain matters, jurisdiction lies at first instance with the Federal Court.
The Supreme Court of Canada in Ottawa, west of Parliament Hill. The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), [1] [2] and Indigenous law systems [3] developed by the various Indigenous Nations.
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.
There are a number of aggravating factors a judge is required to consider both at common law and by statute. Common-law factors include whether or not the victim was a vulnerable victim (children, taxi drivers, late-night clerks, etc.). General statutory aggravating factors are found in section 718.2 of the Criminal Code. [10] They are:
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.
This does not prevent the use of broadly defined terms so long as societal objectives can be gleaned from it. (Ontario v Canadian Pacific Ltd, 1995) In R v Nova Scotia Pharmaceutical Society, for example, a statute which made it illegal to "unduly" prevent or lessen competition was upheld. Although the wording was undeniably open-ended and ...