Browse "Law and Policy"

Macleans

Hurricane Carter Saga

He was down for the count. Rubin (Hurricane) Carter had been in prison for 13 years, serving a life sentence for a triple murder he did not commit - a brutal slaying at a bar in Paterson, N.J., in 1966.

Macleans

Lamaze Drug Case

Eric Lamaze walks into his Toronto lawyer's boardroom looking suntanned and refreshed. Amidst the onslaught of probing questions on his drug use and expulsion from the Canadian Olympic equestrian team, the 32-year-old rider speaks calmly - even as he rocks nervously in a chair.

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Tran Case

The Tran case (1994) was the first in which the Supreme Court dealt with the right to an interpreter. Tran was accused of sexual assault. At trial, he was assigned an interpreter because he spoke neither French nor English.

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Swain Case

The Supreme Court of Canada held in the Swain case (1991) that section 542(2) of the Criminal Code (now section 614) was intra vires the federal Parliament or, in other words, valid. This section dealt with the automatic detention of a person found not guilty by reason of mental incapacity.

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Drybones Case

In R v. Drybones (1970), the Supreme Court of Canada ruled that a provision of the Indian Act was “inoperative” — meaning no longer valid or in effect — because it violated section 1(b) of the Canadian Bill of Rights, which guarantees equality before the law.

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McNeil Case

McNeil Case G. McNeil, a journalist who wanted to see a film (Last Tango in Paris) banned in his province (NS) by a provincial regulatory body, challenged the constitutionality of the provincial Theatres and Amusement Act.

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Murdoch Case

The Murdoch Case was a Supreme Court of Canada case (1975) involving matrimonial property law. Historically, wives could only own property by having it placed in their names or by providing all or part of its purchase price.

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Oakes Case

Oakes Case 1986, in which David E. Oakes was accused of possession of drugs for the purpose of trafficking.

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Persons Case

The Persons Case (officially Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate.

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Singh Case

In the 1985 Singh case, the Supreme Court of Canada declared that the legal guarantees of the Charter of Rights and Freedoms apply to "everyone" physically present in Canada, including foreign asylum seekers. The court also said refugees have the right to a full oral hearing of their claims, before being either accepted into the country or deported. The decision drastically changed the way refugees are dealt with in Canada.

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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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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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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.