Search for "legal system"

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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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Organized Crime in Canada

Organized crime is defined in the Criminal Code as a group of three or more people whose purpose is the commission of one or more serious offences that would “likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group.” Organized crime centres on illegal means of making money, such as gambling; prostitution; pornography; drug trafficking; insurance and construction fraud; illegal bankruptcy; motor vehicle theft; computer crime; and counterfeiting, among many others. The structure, sophistication and widespread nature of organized crime first became evident in the 1960s and 1970s. Some criminal organizations are based on ethnicity, such as the Italian Mafia and Chinese triads. Others are founded within certain industries (e.g., construction) or activities (e.g., biker gangs).

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Elizabeth Fry Society

The Elizabeth Fry Society is a not-for-profit social service agency that provides support for women and girls involved in the Canadian justice system. The Society provides a range of services to women who are criminalized and to women who are at risk of being criminalized. It works to reduce the impact of criminalization, to provide equal opportunities for women in the justice system and to empower marginalized women.

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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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Donald Marshall Jr

Donald Marshall Jr., Mi'kmaq leader, Indigenous activist, wrongly convicted of murder (born 13 September 1953 in Sydney, NS; died 6 August 2009 in Sydney, NS). Donald Marshall’s imprisonment (1971–82) became one of the most controversial cases in the history of Canada's criminal justice system. He was the first high-profile victim of a wrongful murder conviction to have it overturned, paving the way for others such as David Milgaard and Guy Paul Morin. In the 1990s, Marshall was also the central figure in a significant Supreme Court of Canada case on First Nations hunting and fishing rights.

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John Turner

John Napier Turner, PC, CC; politician, lawyer, prime minister, athlete (born in Richmond, England, 7 June 1929; died 19 September 2020 in Toronto, ON). John Turner is best known for his early political service as federal justice minister (1968–72) and finance minister (1972–75) in the cabinet of Prime Minister Pierre Trudeau, and for the 1988 election battle with Brian Mulroney over free trade. Turner's 11-week term as prime minister in 1984 is the second shortest in Canadian history, after Sir Charles Tupper (10 weeks).

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Capital Punishment in Canada

In pre-Confederation Canada, hundreds of criminal offences were punishable by death. By 1865, only murder, treason and rape were still considered capital offences. In 1962, Ronald Turpin and Arthur Lucas were the last of 710 prisoners to be executed in Canada since 1859. After 1976, the death penalty was permitted only for members of the Armed Forces found guilty of cowardice, desertion, unlawful surrender, or spying for the enemy. The federal government completely abolished state executions in 1998.

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Helen Gregory MacGill

Helen Gregory MacGill, judge, journalist, musician (born 7 January 1864 in Hamilton, Canada West; died 27 February 1947 in Chicago, Illinois). Helen Gregory MacGill was a pioneering journalist, feminist and judge. She was the first woman to graduate from Trinity College (now the University of Toronto), as well as the first woman judge in British Columbia, where she served on the juvenile court for 23 years. Her daughter, Elsie MacGill, became the world’s first female aeronautical engineer and aircraft designer.

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Criminal Code of Canada

Canada’s Criminal Code is a federal statute. It was enacted by Parliament in accordance with section 91(27) of the Constitution Act, 1867, which gives the federal government exclusive jurisdiction to legislate criminal offences in Canada. The Criminal Code contains most of the criminal offences that have been created by Parliament. Other criminal offences have been incorporated into other federal statutes. The Code defines the types of conduct that constitute criminal offences. It establishes the kind and degree of punishment that may be imposed for an offence, as well as the procedures to be followed for prosecution.

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Judiciary in Canada

The judiciary is, collectively, the judges of the courts of law. It is the branch of government in which judicial power is vested. It is independent of the legislative and executive branches. Judges are public officers appointed to preside in a court of justice, to interpret and apply the laws of Canada. They are responsible for adjudicating personal, sensitive, delicate, and emotional disputes; and for resolving major social, economic, and political issues that arise within a legal context. As such, the judiciary helps mold the social fabric governing daily life.

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Court System of Canada

The court system of Canada forms the judicial branch of the federal, provincial and territorial governments. It is independent of the legislative and executive branches of government. The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary, including its courts of law. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure; but not over the establishment of criminal courts. It gives the provinces exclusive power over the administration of justice in each province. Canada has four levels of court: the Supreme Court of Canada; the Federal Court and the Federal Court of Appeal, as well as provincial and territorial courts of appeal; provincial and territorial superior courts; and provincial and territorial (lower) courts. Each type of court has the authority to decide specific types of cases.