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Article

RJR-MacDonald Case

In the RJR-MacDonald case (1995), a 7-2 majority of the Supreme Court of Canada concluded that the federal law regulating the use of tobacco products rested on Parliament's jurisdiction in the criminal law area, in the division of powers sector, as set out in section 91 (27) of the Constitution Act, 1867.

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Finta Case

In its first decision relating to the Finta war crimes case (1993), the Supreme Court of Canada permitted 3 interested groups to intervene - the Human Rights League of B'nai B'rith Canada, the Canadian Jewish Congress and InterAmicus.

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Généreux Case

In 1985, in the Valente case, the Supreme Court dealt for the first time with judicial independence. On the second occasion, it was with the MacKay case, which dealt with military justice.

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Election Expenses Act

There have been problems with the interpretation and application of this legislation, partly as a consequence of imprecise or ambiguous wording in the Act itself. Many of these questions were examined by the Royal Commission on Electoral Reform and Party Financing which reported early in 1992.

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Prison

Prison, as a term meaning a place in which people are kept in captivity, covers a variety of institutions in Canada. Jails, commonly called detention or remand centres, are used to incarcerate persons awaiting trial or those sentenced for short terms.

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Québec Sales Tax (Reference)

The Supreme Court of Canada (1994) emphasized that the Québec Sales Tax (QST) was similar to the GST which is an added tax on value. It was not an indirect tax for it was ultimately assumed by the person who bore the tax burden, namely the consumer.

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Stillman Case

In the Stillman case (1997), a majority of the Supreme Court of Canada held that the common law power to carry out a search incidental to an arrest did not include the right to forcibly seize samples of body substances.

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Uniform Law Conference of Canada

Uniform Law Conference of Canada was created with the object of promoting uniformity of legislation throughout Canada in areas of the law where that is desirable. It does this through the development of model legislation that it recommends for adoption by the provinces and territories.

Macleans

Spanish Trawler Released

The Spanish, in fairness, were there first. It may have been an English expedition, led by John Cabot in 1497, that first dipped baskets into the teeming waters of the Grand Banks and hauled them in filled with cod.

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Women and the Law

Women have looked to the law as a tool to change their circumstances, while at the same time the law is one of the instruments which confirms their dependent status as citizens (see Status of Women). The first phase of the Women's Movement, in proclaiming that women were capable of reason as well as reproduction and nurturing, claimed a place for women in the public sphere, while also relying upon the concept of "separate spheres" to delineate their areas of strength and competence.

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The Valente Case

The A judge of the Provincial Court of Ontario declared that he had no jurisdiction to hear a case under the Highway Traffic Act of Ontario because he did not preside over an independent court in the sense of s11(d) of the Canadian Charter of Rights and Freedoms.

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War Crimes

A commission of inquiry on war criminals was established in February 1985 in response to longstanding charges that Canada has become a haven for Nazi war criminals after WWII, including an allegation that Joseph Mengele has entered the country.

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Dionne Case

Dionne Case (1978), known as Re Public Service Board et al, Dionne et al, and Attorney General of Canada et al.

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Judges' Salaries (Reference)

The main question in dispute in the reference on judges' salaries (1997) concerned the financial security of judges of provincial courts. In this case the governments of Prince Edward Island, Manitoba and Alberta had reduced the salaries of their provincial court judges without prior consultation.