Browse "Law and Policy"
Defence counsel, lawyer who advises accused (defendants in civil cases) and presents their case to the court, ensuring that clients have a fair trial. If a client is convicted, the defence counsel speaks in respect of sentence.
Defence of Automatism
The term "automatism" describes unconscious, involuntary behaviour. Automatism is a "defence" to criminal charges in the following sense: to convict an accused the prosecution must prove beyond a reasonable doubt both a prohibited act and fault.
Defence of Intoxication
Technically, there is no "intoxication" defence to criminal charges in Canadian law.
The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).
Dennis Oland Case
On 19 December 2015, Dennis Oland was convicted of second-degree murder in the bludgeoning death of his father, Richard (Dick) Oland. A year later the conviction was overturned on appeal, and a new trial ordered. The initial, 65-day trial was the longest in New Brunswick history. It also drew national attention due to its brutal nature and revelations about the storied Oland family, founders of the Moosehead brewing empire. In 2019, Dennis Oland was found not guilty of the murder in his retrial.
Dionne Case (1978), known as Re Public Service Board et al, Dionne et al, and Attorney General of Canada et al.
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R v. Drybones (1970), the Supreme Court of Canada ruled that a provision of the Indian Act was “inoperative” — meaning no longer valid or in effect — because it violated section 1(b) of the Canadian Bill of Rights, which guarantees equality before the law.
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.
The Eldridge decision focused on federal spending power and on equality rights guaranteed in section 15 of the Charter.
Elizabeth Wettlaufer Case
Elizabeth Wettlaufer is a former nurse who murdered eight elderly patients and attempted to harm six others in southwestern Ontario between 2007 and 2016. One of the most prolific serial killers in Canadian history, she was sentenced to life in prison for the murders in 2017. The case prompted widespread public outrage and made headlines internationally. It later resulted in lawsuits against Wettlaufer, and the nursing homes she worked for, and a sweeping provincial inquiry into flaws in Ontario’s long-term care system.
Everett Klippert Case
Everett George Klippert was the only Canadian ever declared a dangerous sexual offender and sentenced to what amounted to life in prison, for no other reason than he was a gay man. Outrage over that sentence, which was upheld by the Supreme Court of Canada in 1967, led to the decriminalization of gay sex two years later. Klippert was released from prison in 1971. In 2016, Prime Minister Justin Trudeau indicated he would recommend a pardon for Klippert. The following year, the Trudeau government formally apologized and issued a compensation package to men who were charged, convicted and punished simply because they were gay.
Examination for Discovery
Examination for Discovery is a legal proceeding, also known as examination on discovery, which enables a party to a civil action to examine another person orally and before trial.
Faint Hope: Background
Danny Homers calm, detached tone belies the fact that he is talking about the murder that put him behind bars for life. The prisoner, now 38, explains that he was a teenager living in Regina in January, 1977, when he killed Ira McDonald, a 23-year-old partner in crime.
Father Admits to Drowning Kids
As soon as she heard the news, Katharina (Tina) Marlatt felt sick, and suspicious. It was the day of the drowning deaths of her former boyfriend Thomas Dewald's two children, Christopher, 12, and Jennifer, 10. They died on Aug.
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.
Fisher Charged in Milgaard Case
For Larry Fisher, being on the move was nothing new. Since his release from prison in 1994, the convicted serial rapist had been hounded out of Dawson Creek, B.C., Calgary and North Battleford, Sask. Last week, Saskatoon joined the list.
Fort Frances Case
In 1917, under the WAR MEASURES ACT, the government fixed the price and quantity of newsprint paper produced; subsequent legislation created the Paper Control Tribunal, which set retroactive prices through 1919, although wartime conditions had ceased.