Landmark Cases
2001: Burns and Rafay (2 Canadian citizens) were wanted for murder in this country, who asked they be handed over for prosecution. Knowing that they would be facing the death penalty if convicted (something Canada deemed unconstitutional), only agreed if the death penalty not be carried out, thus changing extradition laws between Canada and this country
What is the United States? (United States v Burns 2001)
Under section 10 re. rights upon arrest and detainment, you have the right to a) informed promptly of the reason thereof, b) _____ , and c) right to be released if the detention is unlawful
What is b) right to obtain counsel?
De Facto means "of practice" but this means "of law"
What is de jure?
A proceeding before a judge or justice of the peace to discuss certain parts of a criminal case. There are many kinds of them (ie, bail, preliminary, pre-trial, etc...)
What is a hearing?
The International Criminal Court is meant for cases involving state v individual or individual v individual. What type of cases do the International Court of Justice try?
What are state vs state cases?
Vriend v this province (1998) argued that being fired from his job for being gay was a human rights violation. The case was taken to the SCC, in which the judge deemed discrimination against sexual orientation a violation of s. 15. The province attempted to invoke the notwithstanding clause, but revoked it.
What is Alberta?
The Charter of Rights and Freedoms can be split into 7 categories. These include: fundamental freedoms, democratic rights, mobility rights, legal rights, official language rights, minority language rights, and this (ie. s. 15)
What are equality rights?
"Friend of the court" who is not part of the case but still assists the court by providing information and expertise
What is amicus curiae?
You and the opposite side may reach this type of agreement before a case goes to trial.
What is a settlement agreement?
In family law, it isn't "appellant" and "respondent," rather "____" and "respondent"
What is an applicant?
This case in 1929, also known as "The Persons Case" allowed women to be appointed to the Senate. Before this, women were not considered "persons" in the eyes of Canadian law for certain rights
What is Edwards v. Canada (1929)?
Section 24(2) of the Charter re. exclusion of evidence - the court considers 3 "factors": 1) seriousness of Charter breach, 2) impact of the breach on the accused, 3) society's interest in the ajudication. These are called:
What are the Grant Factors?
Literal translation as "produce of body," applied when determining if someone was unlawfully detained (s. 10 Charter rights)
What is habeas corpus?
A move/type of legal filing counsel brings to the judge to request that the judge makes an order regarding an issue brought up before court. Ex. a ___ to dismiss a case
What is a motion (to dismiss)?
In a civil suit, you are not establishing beyond/reasonable doubt, rather this:
What is balance of probabilities?
The two Marshall cases of 1999 led to landmark rulings in Indigenous Treaty Rights in Canada. Marshall was was found guilty for illegal eel fishing in Nova Scotia during off-times, but the SCC reversed the hunting and fishing rights promised in the Peace and Friendship Treaties of 1760. Indigenous communities now have commercial fishing rights thanks to this case, and receive funding from this federal department
What is Fisheries and Oceans Canada?
Often appearing obscurely in SCC decisions (and therefore moot courts), the Section 1 clause, which goes by this name, is important in establishing disproportionality of a Charter breach
What is the reasonable limits clause?
A party of a case will claim "in good faith" that there is an honest/genuine belief or action taken without deceit or fraud
What is bona fide/a bona fide claim?
"A trial within a trial" or a hearing without a jury present to establish if facts or law will be admissible
What is a voir dire?
In employment law in Canada, the provinces and territories are the ones who come up with the legislation for minimum conditions for employees and employers. In Ontario, this legislation (Act) is called:
What is the Employment Standards Act?
R v Oakes (1986) is a popular case cited in many SCC rulings and moot courts. Oakes was charged with possession of narcotics, but argued that the reverse onus did this to his rights. The "Oakes Test" is now used every time the court considers this.
What is a Charter violation?
Many court analyses of Charter breaches fall under the consideration of "gross disproportionality." This is the most evident in this section's 2 stage consideration in which both the punishment and objective of the sentence must be proportionate to the offence committed. Excessive punishment is not protected under s. 1
What is section 12, right to not be subjected to cruel and unusual punishment?
"The opinion that an act is necessary by rule of law" (common in customary international law)
What is opinio juris (sive necessitatis)
Unlike a pre-trial conference, this conference is more for procedural issues.
What is a case conference?
There are many types of torts, but these are the 5 main categories. (100 points for every 1 you get right)
What is intentional, unintentional, negligence, economic/business and strict liability?