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Article

Medical Ethics

Medical ethics are concerned with moral questions raised by the practice of medicine and, more generally, by health care.

Article

Estate

Estate, very generally, means all property owned by an individual. For example, the property (including land) owned by a deceased person is referred to as that person's estate. The estate can commence and be subject to legal proceedings, and can be liable to pay debts.

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White-Collar Crime

White-Collar Crime consists of occupational crime and corporate crime. Occupational crime refers to offences committed against legitimate institutions (businesses or government) by those with "respectable" social status.

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Civil Law

Civil Law, the system of LAW that evolved from the Roman law compilations of the Emperor Justinian. Today it is found in countries of continental Europe as well as their former colonies and, in Canada, in Québec. In many jurisdictions it is in force in the form of a CIVIL CODE.

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Commercial Law

Commercial law is that branch of private law concerned primarily with the supply of goods or services by merchants and other businesses for profit. Textbooks on commercial law frequently differ on the range of topics treated in them.

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Family Violence

Since the 1970s, there has been an increased awareness that crimes of violence are not only perpetrated by strangers in public places. Research has uncovered a large amount of violent criminal behaviour that occurs between intimates in private locations, such as the home.

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Family Law in Canada

Family law is critical to most Canadians as it governs relationships between spouses, and between parents and their children. In family law, marriage and divorce fall under federal jurisdiction but most other issues, including adoption and matrimonial property disputes, fall under provincial laws that vary widely. Traditional family structures have changed significantly over time, with increasing numbers of same-sex and common law relationships, and growing divorce rates. This has led to intense debates over the future of family law, court challenges and provincial reviews of legislation.

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Duty to Consult

The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.

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Meech Lake Accord

In 1987, Prime Minister Brian Mulroney attempted to win Quebec’s consent to the revised Canadian Constitution. The result was the Meech Lake Accord. It was an agreement between the federaland provincial governments to amend (change) the Constitution. The Accord proposed strengthening provincial powersand declaring Quebec a “distinct society.” The Accord was never put into effect. Political support for it unravelled in 1990. Many Québécois saw the Accord’s failure in English Canada as a rejection of Quebec. Support for separatism soared in Quebec and led to the 1995 Quebec Referendum.

Macleans

Sexual Harassment on Police Force

This article was originally published in Maclean’s magazine on April 10, 1995. Partner content is not updated.

For Alice Clark, joining the RCMP in 1980 was the fulfilment of a teenage dream. Two years later, the Hamilton native was posted to the 60-member detachment at Red Deer, Alta., where, at first, the men she worked with were welcoming and helpful. Then, she was transferred to city traffic duty.

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Patriation Reference

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriateand amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

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Constitutional History of Canada

The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federaland provincial levels. Canada’s Constitution is not one legal document. It is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. The Constitution has been in constant evolution from colonial times to the present day. The story of the Constitution is the story of Canada itself. It reflects the shifting legal, social and politicalpressures facing Canadians, as well as their choices as a society.

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Peace, Order and Good Government

“Peace, order and good government” is a phrase that is used in section 91 of the British North America Act of 1867 (now called the Constitution Act, 1867). It offers a vague and broad definition of the Canadian Parliament’s lawmaking authority over provincial matters. Since Confederation, it has caused tensions between federal and provincial governments over the distribution of powers. The phrase has also taken on a value of its own with Canadians beyond its constitutional purpose. It has come to be seen as the Canadian counterpart to the American “life, liberty and the pursuit of happiness” and the French “liberty, equality, fraternity.”

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Homicide

International homicide statistics are generally unreliable and always outdated, but Canada usually ranks at the lower end among similar nations. In 1996, for example, Canada's rate of 2.1 per 100 000 population ranked above Japan (1.0), Sweden (1.1) and England (1.

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Property Law

Property, in the legal sense, can mean real property in the form of land and buildings, or personal, movable property. Property law — whether under the common law in most of Canada, or the Civil Code in Quebec — deals with a wide range of rights and obligations owing to individuals and governments, and has evolved enormously, particularly in fairness to women, since the 19th Century.

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Criminal Law

Criminal law, in its widest sense, includes substantive criminal law, the operation of penal institutions, criminal procedure and evidence, and police investigations (see Criminal Investigation). More precisely, the term refers to substantive criminal law - a body of law that prohibits certain kinds of conduct and imposes sanctions for unlawful behaviour.

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Administrative Law in Canada

Administrative law is one of three basic areas of public law dealing with the relationship between government and its citizens; the other two are constitutional law and criminal law. (See also Rule of Law.) Administrative law ensures that government actions are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. Administrative law is based on the principle that government actions must (strictly speaking) be legal, and that citizens who are affected by unlawful government acts must have effective remedies. A strong administrative law system helps maintain public confidence in government authority.

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Torts in Canada

Tort law is a cornerstone of the Canadian legal system. It provides compensation for people who have been injured; or whose property has been damaged by the wrongdoing of others. Tort law is a vast area of private law. It has evolved to keep up with technology and social issues. It has been used by a growing number of victims of crime to help them seek justice against perpetrators. It has also been at the centre of high-profile Canadian cases involving the abuse of children; and the liability of governments for failing to protect citizens from contagious diseases and from defective medical devices.

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