Supreme Court of Canada

    Page 3 of 50 - About 500 Essays
  • Mandatory Minimum Sentences

    on the two process test(the gross disproportionality test) used in R.v.Smith (was also used in R.v. Nur later).The two steps involved where that the court first “the court must determine what constitutes a proportionate sentence for the offence having regard to the objectives and principles of sentencing in the Criminal Code” and secondly “the court must ask whether the mandatory minimum requires the judge to impose a sentence that is grossly disproportionate to the offence and its…

    Words: 2345 - Pages: 10
  • Alexander Bickel's Counter-Majoritarian Difficulties

    especially pronounced during the activist Warren Court of the 1960s (Friedman, 2002, 202). The counter-majoritarian difficulty…

    Words: 1040 - Pages: 5
  • The Culture Of The Courtroom: Film Analysis

    Thus, it is evident that stereotypes are reinforced in the courts. Unfortunately, at least from what was observed during the very minimal period of eight hours, the common media-portrayed stereotypes have factual consequences. All of the people who were in custody and had to be escorted out by police officers…

    Words: 1104 - Pages: 4
  • David Guilty Of Nichol's Trial

    prosecution was using his former friend’s testimony against him. Even though Nichol refused to say on the stand that she had seen David stab Gail, because she really did not see. That refusal led Crown prosecutor Bobs Caldwell to use a new section of the Canada Evidence Act pertaining to the use of prior inconsistent statements to cast doubt on a witness 's credibility (Injustice E Busters, 2006). But the prosecutor was still able to read her statement to the jury. If the jury believed that…

    Words: 1026 - Pages: 5
  • Levine V. Mcgrath Case Brief

    four children was Linda’s own fault. They had both agreed on the agreement, so it should stand as while Eric’s circumstances have changed, Linda’s were exactly as outlined in the agreement; she had custody of the kids. 3. The Supreme Court of Canada reversed the Ontario Court of Appeal’s judgement because each spouse had received independent legal advice over a length period, and had fairly divided their assets. 4. I support the thought that a major change in circumstances does not warrant a…

    Words: 1178 - Pages: 5
  • Clayton Johnson Case Study

    constructed (the pathologists’ statements). There is no doubt that not enough evidence was given to convict Clayton. Going back to my point, other cases appear to be handled very well. It seems that the quality of the Canadian Legal System varies on a court-to-court basis, and I believe that is something that should be fixed. Secondly, I don’t ever believe that spending as long a time in jail as Clayton did can be compensated with money. While he may have been paid a substantial amount of money,…

    Words: 1369 - Pages: 6
  • Analysis Of R V Askov

    In past 30 years Canadian courts are struggling with the Charter’s emphasis under section 11(b) that “any person charged with an offence has the right to be tried within a reasonable time”. There has been still not any clarity what is “reasonable time” despite courts has described some factors to determine it. The most important case with reference to reasonableness was R v Askov (1990), where the Supreme Court held (9-0) that accused rights have been violated under section 11 (b) of the Charter…

    Words: 1077 - Pages: 4
  • What Are The Three Major Components Of The Criminal Justice System

    First we must examine each of the components of the criminal justice system alone before we get to understand how they overlap together. First of all, there is the police, the courts and the corrections. The police are the law enforcers and maintainers of order throughout Canada. There are three levels of policing in Canada; municipal, provincial and federal, there are some circumstances that they work together to accomplish a common goal. An example would be a national arrest warrant where…

    Words: 816 - Pages: 4
  • Drug Smuggling Case Study

    room. Dietrich went to the high court arguing that his rights have been infringed when being trialled for the drug related offences. The right to have a fair trial was infringed by the county court due to Dietrich not having any legal representation, or any legal aid while he was trialled…

    Words: 1247 - Pages: 5
  • The Pros And Cons Of Standardized Testing

    everyone gets a fair shot, and everyone does their fair share, and everyone plays but the same rules. That is a very big issue for me. 13: Voting for the Judge of the Court of Common Pleas: Julia Malloy-Good and Allison Bell Royer. I would vote for Julia Malloy-Good. I read as her background that she has been involved in Family court issues for 31 years and also has been the only person voted as “Qualified” by the Chester County Bar Association. I feel that her experience might tie well into…

    Words: 1145 - Pages: 5
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