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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 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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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
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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Macleans
The sheer cowardice of the act was chilling. Someone, it appears, waited in the dusk that comes early this time of year for Tara Singh Hayer, the editor of North Americas largest Punjabi-language newspaper, to return to his home in Surrey, B.C., at the end of the workday on Nov. 18.This article was originally published in Maclean's Magazine on November 30, 1998
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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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Substantive Law, body of law concerned with rights and obligations, as opposed to PROCEDURAL LAW which concerns how to enforce and defend such rights and obligations.
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When a person dies, that person's property or its value is transferred to the persons entitled to it after payment of any outstanding debts and liabilities; this process is described as succession.
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Editorial
The following article is an editorial written by The Canadian Encyclopedia staff. Editorials are not usually updated. On a Sunday evening, 3 June 1990, Prime Minister Brian Mulroney and the ten provincial premiers marked the third anniversary of the Meech Lake Accord at a dinner in the architectural splendour of the Canadian Museum of Civilization (now the Canadian Museum of History) in Hull, Quebec.
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Tort law is a cornerstone of the Canadian legal system. It provides compensation for people who have been injured; or whose property has been damaged by the wrongdoing of others. Tort law is a vast area of private law. It has evolved to keep up with technology and social issues. It has been used by a growing number of victims of crime to help them seek justice against perpetrators. It has also been at the centre of high-profile Canadian cases involving the abuse of children; and the liability of governments for failing to protect citizens from contagious diseases and from defective medical devices.
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The regulation of motor vehicle traffic is one of the greatest legal challenges of the 21st century. Governments make traffic laws and statutes, but common law rules still play an important role.
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Treason is probably the oldest and most serious offence in political society, with the possible exception of murder. The earliest English treason legislation, which dates from 1351, is the basis of all treason legislation in the English-speaking world.
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Ultra Vires-Intra Vires Ultra vires [Lat, "beyond the powers"] is used in CONSTITUTIONAL LAW by the courts who must decide the respective competences of Parliament and provincial legislatures.
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White-Collar Crime consists of occupational crime and corporate crime. Occupational crime refers to offences committed against legitimate institutions (businesses or government) by those with "respectable" social status.
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