Browse "Law and Policy"

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Article

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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Article

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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Article

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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Article

Suicide in Canada

This article contains sensitive material that may not be suitable for all audiences. To reach the Canada Suicide Prevention Service, contact 1-833-456-4566. Suicide is the act of taking one’s own life voluntarily and intentionally. Suicide was decriminalized in Canada in 1972. Physician-assisted suicide was decriminalized in 2015. Suicide is among the leading causes of death in Canada, particularly among men. On average, approximately 4,000 Canadians die by suicide every year — about 11 suicides per 100,000 people in Canada. This rate is higher for men and among Indigenous communities. Suicide is usually the result of a combination of factors; these can include addiction and mental illness (especially depression), physical deterioration, financial difficulties, marriage breakdown and lack of social and medical support.
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Article

Supreme Court of Canada

The Supreme Court of Canada is the highest court in Canada’s judicial system. It has jurisdiction over federal and provincial laws. Founded in 1875, the Court was at first subject to being overruled by the Judicial Committee of the Privy Council in Great Britain. The Supreme Court has had the final judicial say on legal and social issues in Canada since 1949. The Supreme Court bench is comprised of nine judges including the Chief Justice of Canada, currently Richard Wagner. At least three justices must be from Quebec. All judges are nominated by the prime minister and appointed by the governor-in-council (the governor general and the Cabinet).
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Macleans

Supreme Court Redefines Family

Rebecca Hunter and her partner of 6 ½ years, Debra Lamb, were making their way through rush-hour traffic on a busy Toronto expressway last Thursday when they heard the report over the car radio.This article was originally published in Maclean's Magazine on May 31, 1999
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Macleans

Supreme Court Rules on UDI

His public rhetoric aside, Lucien Bouchard never expected to get much long-term political mileage from last week's Supreme Court of Canada ruling on whether Quebec has the right to unilaterally become sovereign.This article was originally published in Maclean's Magazine on August 31, 1998
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Article

Sustainability in Canada

Sustainability is the ability of the biosphere, or of a certain resource or practice, to persist in a state of balance over the long term. The concept of sustainability also includes things humans can do to preserve such a balance. Sustainable development, for instance, pairs such actions with growth. It aims to meet the needs of the present while ensuring that future people will be able to meet their needs.
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Article

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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Article

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.
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Macleans

Taber Shootings

This article was originally published in Maclean’s magazine on May 10, 1999. Partner content is not updated. 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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Macleans

Teacher-Student Couple Embrace Notoriety

This article was originally published in Maclean’s magazine on May 19, 2003. Partner content is not updated. FIRST, the disgraced teacher caught our attention with a sensational new book. Heather Ingram - convicted three years ago of sexually exploiting a minor after her affair with a teen she taught in high school in Sechelt, B.C.
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Macleans

Teen Describes Murders

This article was originally published in Maclean’s magazine on December 25, 1995. Partner content is not updated. 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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Macleans

Teen Killing in Toronto

This article was originally published in Maclean’s magazine on November 29, 1999. Partner content is not updated. 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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Article

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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