Browse "Types of Law"
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Article
Persons Case (Plain-Language Summary)
The Persons Case was a constitutional ruling. It established the right of women to serve in the Senate. The case was started by the Famous Five. They were a group of women activists. In 1928, they objected to a Supreme Court of Canada ruling that women were not “persons.” As such, they were not allowed to serve in the Senate. The Famous Five challenged the law. In 1929, the decision was reversed. As a result, women were legally recognized as “persons.” They could no longer be denied rights based on a narrow reading of the law. (This article is a plain-language summary of the Persons Case. If you are interested in reading about this topic in more depth, please see the full-length entry.)
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Piracy in Canada
Piracy is traditionally defined as the seizure and robbery of craft at sea or in the air. Though piracy had only a small role in Canada’s history, it has been the subject of legendary tales over the years. Pirates traversed the Atlantic coast of the country during the 17th and 18th centuries, plundering and causing mayhem wherever they went. Stories about pirates like Peter Easton and Bartholomew Roberts remain a part of local histories. While maritime piracy is no longer a significant threat in Canada, it remains so in parts of Asia, Africa, South America and Central America. The Canadian Armed Forces have assisted in anti-piracy missions in various parts of the world. In the modern age, piracy has taken on new forms, such as virtual crime and digital theft. Online piracy poses threats to the Canadian people, industries and economy.
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Procedural Law
Procedural Law encompasses legal rules governing the process for settlement of disputes (criminal and civil). In contrast, SUBSTANTIVE LAW sets out the rights and obligations of members of society. Procedural and substantive law are complementary.
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Property Law
Property, in the legal sense, can mean real property in the form of land and buildings, or personal, movable property. Property law — whether under the common law in most of Canada, or the Civil Code in Quebec — deals with a wide range of rights and obligations owing to individuals and governments, and has evolved enormously, particularly in fairness to women, since the 19th Century.
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Quebec Biker War (1994–2002)
The Quebec Biker War was an almost decade-long territorial conflict between two outlaw motorcycle gangs in Quebec: the Hells Angels and the Rock Machine. The war centred on control over the narcotics trade in Quebec. It was also driven by intense rivalries and deep-seated animosities between major figures in Quebec’s criminal underworld. (See Organized Crime.) The conflict involved over 80 bombings, some 130 cases of arson and 20 disappearances. More than 160 people were killed and over 200 were injured, including many innocent bystanders.
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Quebec Conference, 1864
From 10–27 October 1864, politicians from the five British North American colonies gathered in Quebec City to continue discussing their unification into a single country. These discussions began at the Charlottetown Conference the previous month. The most important issues decided in Quebec City were the structure of Parliament and the distribution of powers between the federal and provincial governments. The broad decisions from the Charlottetown and Quebec conferences were made into 72 resolutions, known as the Quebec Resolutions. These formed the basis of Confederation and of Canada’s Constitution.
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Quebec Conference, 1864 (Plain-Language Summary)
From 10–27 October 1864, leaders from the five British North American colonies met in Quebec City. They continued to talk about merging into a single country. These talks had begun at the Charlottetown Conference the month before. At Quebec City, the Fathers of Confederation chose how the new Parliament would be structured. They also worked out the division of powers between the federal and provincial governments. The decisions that were made in Charlottetown and Quebec formed 72 resolutions. They were known as the Quebec Resolutions. They formed the basis of Confederation and of Canada’s Constitution. This article is a plain-language summary of the Quebec Conference, 1864. If you would like to read about this topic in more depth, please see our full-length entry: Quebec Conference, 1864.
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Rep by Pop (Plain-Language Summary)
Representation by population (or “rep by pop”) is a political system. It is when seats in a legislature are assigned based on population. This upholds a basic idea of democracy that all votes should be counted equally. Rep by pop was a deeply divisive issue in the Province of Canada (1841–67). It became an important factor in Confederation. This article is a plain-language summary of Rep by Pop. If you would like to read about this topic in more depth, please see our full-length entry: Rep by Pop.
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Robert Pickton Case (Plain-Language Summary)
In 2001, Robert Pickton was charged with murdering 26 women at his pig farm in Port Coquitlam, BC. He was convicted on six charges and sentenced to life in prison. Pickton claimed to have killed 49 women. His case was the largest serial killer investigation in Canadian history. It was also a flash point in the wider issue of missing and murdered Indigenous women and girls. In 2012, a government inquiry found that “blatant failures” by police led to a “tragedy of epic proportions.” This article contains sensitive material that may not be suitable for all audiences. This article is a plain-language summary of the Robert Pickton Case. If you are interested in reading about this topic in more depth, please see our full-length entry: Robert Pickton Case.
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Royal Commission Inquiry into Civil Rights
The Royal Commission Inquiry into Civil Rights was an investigation into the status of civil rights in Ontario. It was commissioned by the Government of Ontario in 1964. It was completed in 1971. Chaired by judge James Chalmers McRuer, it was also known as the McRuer Commission of 1971. Its final report totalled 2,281 pages and included 976 suggested legal reforms. The inquiry was highly influential. It prioritized ideas of fairness, accessibility and equity within the justice system. It also led to reforms in other branches of government to protect those principles. It was an important precursor to the Charter of Rights and Freedoms.
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Section 98 Criminal Code
Section 98 was an offence in the CRIMINAL CODE of Canada from 1919 to 1936. The section was drafted in 1919 in response to the general labour unrest in the country, which culminated in the WINNIPEG GENERAL STRIKE.
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Sentencing Hate Crimes
For many offences, the Criminal Code prescribes only maximum sentences, giving judges wide latitude to determine fit penalties. Judges consider a broad array of aggravating and mitigating factors in sentencing. One aggravating factor is the motivation of racial or group hatred for an offence.
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Sexual Abuse of Children
Sexual abuse of children has been defined in Ontario as abuse that includes "any sexual intercourse, sexual molestation, exhibitionism or sexual exploitation involving a child that could be a violation of the Criminal Code or render the child in need of protection under the Child Welfare Act.
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Sexual Assault
Until it was amended in 1982 the Criminal Code contained the offence of rape. The offence required proof that a man had sexual intercourse with a woman other than his wife without the woman's consent. It was punishable by up to life imprisonment.
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Macleans
Sexual Harassment on Police Force
This article was originally published in Maclean’s magazine on April 10, 1995. Partner content is not updated. For Alice Clark, joining the RCMP in 1980 was the fulfilment of a teenage dream. Two years later, the Hamilton native was posted to the 60-member detachment at Red Deer, Alta., where, at first, the men she worked with were welcoming and helpful. Then, she was transferred to city traffic duty.
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