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Author:
Publisher:
ISBN:
Category : Electronic books
Languages : en
Pages : 32
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Author:
Publisher:
ISBN:
Category : Electronic books
Languages : en
Pages : 32
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Author:
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ISBN:
Category :
Languages : en
Pages : 0
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According to the federal government, "[u]se of the procedure varies across provinces, and its purpose has been significantly reduced by the obligation on the Crown to provide the accused with all evidence relating to his or her charges."11 As well, there was a "lively debate" about the very nature and value of preliminary inquiries in the course of the study into court delays by the Standing Senat [...] As well, under amended section 537 of the Code, a justice acting in the course of a preliminary inquiry may "regulate the course of the inquiry in any way that appears to the justice to be desirable, including to promote a fair and expeditious inquiry" (clause 244(1)). [...] Clauses 188 and 189 remove the requirement in sections 482(2) and 482.1(5) for the rules of court and the case management rules to be "subject to the approval of the lieutenant governor in council of the relevant province." Clause 188 also removes the requirement that such rules be published in the Canada Gazette, so that they simply need to be publicly available. [...] The bill standardizes the timing for all types of offences: the time of the appearance of the accused at which their trial date is set (new sections 530(1) and 530(2) of the Code). [...] When deciding to authorize the use of telecommunication as part of the proceeding, the judge must consider a list of factors, such as the following (new sections 715.23, 715.25 and 715.26): • the person's location; • the nature of the anticipated evidence; • the costs that would be incurred by appearing in person; • the nature and seriousness of the offence; and • the accused's right to a fair and.
Author: Laura E. Barnett
Publisher:
ISBN:
Category : Court congestion and delay
Languages : en
Pages : 30
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Author: Steve Coughlan
Publisher:
ISBN: 9781552215050
Category :
Languages : en
Pages :
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Book Description
Criminal law is a powerful legal tool in Canadian society consisting of numerous procedural rules but little organization. Provisions of the Criminal Code that are directly relevant to each other are often separated by many different (and usually irrelevant) sections and subsections. The common law rules of criminal procedure, meanwhile, are often established incrementally, in numerous cases decided over a long period of time. With both the Code and common law, it can be difficult and time-consuming to assemble and explain the entire legal framework governing a particular police power or court procedure. This deficiency in the law is what led authors Steve Coughlan and Alex Gorlewski to create a comprehensible resource that clarifies the relationships among the individual statutory provisions and the common law rules of criminal procedure.The Anatomy of Criminal Procedure: A Visual Guide to the Law illustrates the law of criminal procedure through nearly seventy annotated charts and diagrams. Across the whole criminal process -- from search and seizure to appeals and sentencing -- this book consolidates the statutory and common law rules around each step, visually depicts how they fit together, and explains in detailed annotations how the rules work and have been interpreted by courts. This is a valuable text for practitioners who work with the criminal process every day, as well as for students learning it for the first time. Coughlan and Gorlewski aim to outline the law as it was created and implemented by our institutions, while providing the coherence it sometimes lacks yet certainly requires.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Kate Puddister
Publisher: UBC Press
ISBN: 9780774861120
Category : Law
Languages : en
Pages : 290
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Book Description
Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants – and governments often wield this power strategically. The first study of its kind, Seeking the Court’s Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.
Author: Lee Tustin
Publisher:
ISBN: 9780433505761
Category : Juvenile justice, Administration of
Languages : en
Pages : 375
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Author:
Publisher:
ISBN: 9780660266954
Category : Juvenile justice, Administration of
Languages : en
Pages : 51
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Delays in the criminal justice system significantly impact all those involved, in particular accused persons, victims of crime and those who are expected to be called as witnesses. Accused persons have the right to be tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms (Charter), the failing of which can result in a stay of proceedings. In recent years, the issue of delays in the criminal justice system has been the subject of significant and sustained attention, including calls for action by provinces and territories, Parliament, key stakeholders, the media, as well as the general public. This document includes an introduction, background information, and an overview of Bill C-75.--Includes text from document.
Author: British Columbia
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 13
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Author: Canada. Parliament. House of Commons. Legislative Committee on Bill C-75
Publisher:
ISBN:
Category : Marine pollution
Languages : en
Pages :
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