Browse "Law and Policy"

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Sinnisiak

Sinnisiak (d c 1930) and Uluksuk (d 1924), Inuit hunters from the Coppermine region of the NWT, were the first Inuit to be tried for murder under Canadian law.

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Sioui Case

The Supreme Court of Canada ruling in the R. v. Sioui case on 24 May 1990 transformed understandings of treaty interpretations in Canada. Four Huron-Wendat brothers were charged and convicted of illegally camping, starting fires and cutting down trees in Jacques-Cartier Park in Québec. The Supreme Court found that the brothers were justified in arguing that a document signed by General James Murray and the Huron-Wendat chief in 1760 protected their right to use the land for ceremonial purposes and overturned the convictions.

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Sparrow Case

R. v. Sparrow (1990) was the first Supreme Court of Canada case to test section 35 of the Constitution Act, 1982. Initially convicted of fishing illegally, Musqueam man Ronald Edward Sparrow was cleared by the Supreme Court and his ancestral right to fishing was upheld.

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Stare Decisis

Stare decisis [Latin, "let the decision stand"] refers to the doctrine of precedent, according to which the rules formulated by judges in earlier decisions are to be similarly applied in later cases.

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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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Stinchcombe Case

The Supreme Court delineated, in the Stinchcombe case (1991), the legal parameters of a full and complete defence, as guaranteed by section 7 of the Canadian Charter of Rights and Freedoms. This had the effect of eliminating the legal uncertainty surrounding the disclosure of evidence by the Crown.

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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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Sylliboy Case

Mi’kmaq Grand Chief Gabriel Sylliboy is believed to be the first to use the 1752 Peace and Friendship Treaty to fight for Canada’s recognition of treaty rights. In his court case, R. v. Sylliboy (1928), he argued that the 1752 treaty protected his rights to hunt and fish, but he lost the case and was subsequently convicted. In 1985, when the Supreme Court of Canada ruled in R. v. Simon — another case concerning Mi’kmaq hunting rights — it found that the 1752 treaty did in fact give Mi’kmaq people the right to hunt on traditional territories. This judgment vindicated both Sylliboy and James Simon of the 1985 case. In 2017, almost 90 years after his conviction, Sylliboy received a posthumous pardon and apology from the Government of Nova Scotia.

Macleans

Taber Shootings

As a spring snowstorm lashed against her face, 11-year-old Megan Drouin stood outside W. R. Myers High School in Taber, Alta., last Thursday and recalled the horrors of the previous 24 hours. On April 28, shortly after the lunch-hour break, a 14-year-old gunman had entered W. R.

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Teen Describes Murders

Following their brutal murders in suburban Montreal last April, Frank Toope, a 75-year-old retired Anglican minister, and his wife, Jocelyn, 70, were uniformly praised by friends and former parishioners as a warm, caring and generous couple.

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Teen Killing in Toronto

At the foot of Dmitri Baranovski's bed are some weights, a soccer ball, tennis rackets and - what his stepfather picked up at a garage sale to help him adjust to Canadian life - a football and two hockey sticks.

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The Donnellys

Early in the morning of 4 Feb 1880, a party of armed men brutally murdered James Donnelly, a farmer living near the village of LUCAN, Ont, his wife Johannah, his sons Thomas and John, and his niece Bridget Donnelly.

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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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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.