Sentences with phrase «criminal code issues»

Not exact matches

So that strikes me right there as having some issues whether it's broadcast policies or... whether there's some sort of criminal code provisions dealing with interference with online or computer transmissions.»

Europe now has dozens of laws to stop Christians from speaking out on controversial issues, not just in public spaces but in pulpits and private conversations as well, enforced vigorously through the criminal code.

The codes committee considers issues and legislation relating to New York's criminal and civil justice system.

From the folks I've talked to, there appear to be a couple of different issues with the criminal codes (and again, I'm not a lawyer, but there are people smarter than I am telling me this stuff — one of whom is a lawyer, so I'm going to relay this the best I can):

In R. v. McKay, 2013 ABPC 13 (CanLII) the Alberta Provincial Court had the occasion to consider these issues in the context of a charge under the Criminal Code.

5 Once in the cruiser, the officer read the formal demand under section 254 (2) of the Criminal Code from his force issued card.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed against order to provide DNA sample — Appeal allowed — Order was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was remote.

For U.S. Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.128

The issue in Nasogaluak was primarily the relationship between the sentencing provisions of the Criminal Code and the remedy section of the Charter, particularly in the context of responding to excessive use of force by the police.

They simply issue violation tickets for alleged traffic infractions under the Motor Vehicle Act or Criminal Code that led to the accident in the first place.

But this past week, a Quebec Superior Court justice ruled that key issues in the Dying with Dignity legislation contradict provisions of the Criminal Code of Canada.

Essentially the argument presented suggested that the relevant provisions of the Motor Vehicle Act governing IRP driving prohibitions incorporates the Criminal Code requirement of an officer having to possess a «reasonable suspicion» that a driver has alcohol in his body BEFORE that officer can issue a LEGAL demand for breath samples from that driver.

[13] The threshold question on this appeal is whether the justice of the peace who issued the search warrant acted on reasonable and probable grounds, as required under both the Criminal Code and the Charter.

The key issue is the contradictory laws that make performing sex for money (prostitution) legal in Canada (that is, prostitution is not included as a criminal offence in the Criminal Code of Canada), while restricting where prostitutes can practise the trade safely, and severely limiting the people with whom they can ascriminal offence in the Criminal Code of Canada), while restricting where prostitutes can practise the trade safely, and severely limiting the people with whom they can asCriminal Code of Canada), while restricting where prostitutes can practise the trade safely, and severely limiting the people with whom they can associate.

s. 487.05 of the Criminal Code allows the court to issue a warrant authorizing the taking of DNA samples from a person for the purpose of forensic analysis to assist in a criminal investCriminal Code allows the court to issue a warrant authorizing the taking of DNA samples from a person for the purpose of forensic analysis to assist in a criminal investcriminal investigation.

When a judge issues a sentence for a Criminal Code offence, he or she can look to all of those principles for guidance.

In parallel, the judicial commission of the States Council also submitted a «postulat» in March 2016 requesting the Federal Council to elaborate a report on the issue of the privilege for in - house lawyers and to come up with solutions, for instance, in the framework of the future revision of the Swiss Civil Procedure Code or the Swiss Criminal Procedure Code.

Criminal Law: Provocation R. v. Bouchard, 2013 ONCA 791 (35690) Judgment rendered Oct. 16, 2014 Cromwell J. — «We agree with [the] majority of [the C.A.], that the trial judge's instructions may well have led the jury to understand that the deceased's allegedly provocative acts and the respondent's reaction to them had relevance to the mens rea issue only if they met the narrow legal definition of provocation in s. 232 of the Criminal Code and that this constituted misdirection».

25 R. v. Pelletier (1974), 4 O.R. (2d) 677, 18 C.C.C. (2d) 516 appears to be the first decision to use the «living tree» to advocate a morphing constitution: «As the nature of the Canadian community changes and in this immediate issue, the activities of those sought to be controlled by the Narcotic Control Act and the Criminal Code change in scale and complexity, new considerations arise which bring into prominence facets of the law including the Constitution which were less important or less applicable in former times.»

Roach's text examines some of the existing powers in the Criminal Code that can be used against suspected terrorists, and discusses the issues surrounding proposed amendments that would expand powers of Canadian intelligence services.

The recent Supreme Court of Canada decision on the «right to die» issue, known as «Carter v. Canada», found the provisions of the Criminal code dealing with assisted suicide to be invalid, as -LSB-...]

Many civil issues or matters, for example, those involving disclosure of confidential information, contain elements that can fall within provisions of the Criminal Code.

The defence in some cases might be based entirely on the Charter of Rights and Freedoms or eyewitness identification problems or intoxication issues or other myriad factors unaffected by the particular name of the charge or section number of the Criminal Code or Controlled Drugs and Substances Act under which the charge was laid.

[2] At issue are the interpretation and the constitutionality of s. 515 (2)(e) of the Criminal Code, R.S.C. 1985, c. C - 46, which authorizes one form of pre-trial release.

In a decision issued in October 2016 (Fournier c. R), the Superior Court of Québec established that, in certain circumstances, an accusation of manslaughter by means of an unlawful act under s. 222 (5) a) of the Criminal Code can be based on a breach of provincial health and safety legislation.

A Superior Court decision in a shareholder dispute raises the novel issue of whether an equity kicker can be considered interest pursuant to the Criminal Code, Toronto corporate... Read more

From a securities perspective, this decision also likely brings an end (at least for the meantime) to the issue of whether provincial securities legislation can prohibit conduct and impose penalties similar to what is covered by the Criminal Code.

That is the result of: （ 1 ） our lives becoming more technology - dependent, especially electronic records dependent, which requires more legal infrastructure to control the use of that technology; and, （ 2 ） demands that the rule of law be made to apply in many new areas such as, the great expansion of the scope of rights and freedoms caused by the Canadian Charter of Rights and Freedoms which now produces issues in every field of law, and by environmental, privacy, and electronic commerce laws, and a greatly expanded Criminal Code.

In relation to the Criminal Code amendments, we make recommendations on issues ranging from the terrorist entities list, to the terrorist speech and propaganda provisions to the peace bond and warrantless arrest provisions.

So far, only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56

It also covers The Criminal Procedure and Investigations Act 1996 (as amended by the Criminal Justice Act 2003), The Code of Practice issued under section 23 of the Criminal Procedure and Investigations Act 1996, and The Attorney General's Guidelines on the disclosure issued in April 2005 and much more.

At issue is when the «Qualified Technician» has not been designated by the Attorney General as specifically required in the Criminal Code, but rather by the «Minister of Community Safety and Correctional Services» — is that fatal to the Crown's case and could be used as a valid defense?

Judges can issue discretionary weapons prohibitions under Section 110 of the Criminal Code; if a listed offence is involved and an application is made, the judge can, but is not required to, make a weapons prohibition order.

Similarly, McLachlin C.J. found it useful to consider the Criminal Code provisions on mistaken belief in consent, even though this defence was not at issue in the case.

The issue effectively boils down to whether the 1954 amendment to the Criminal Code created a new offence or simply reworded an old one.

On February 25, 2016, the BC Supreme Court issued a notice to help the public with how to apply for an exemption from Criminal Code provisions relating to physician - assisted dying (the «Court Notice»).

-LSB-...] I have also considered Mr. Hillman's arguments with respect to the Interpretation Act and also to the issue of «McKenzie Friend» representation as this applies in U.K. family law -LSB-...] I also conclude that McKenzie Friends, do not have a role here in our jurisdiction given the wording and operation of our Criminal Code.

A prohibition is also issued if a driver fails or refuses to comply with a demand made under the Criminal Code to provide a breath sample for analysis.

In addition to Peter's criminal defense and qui tam concentrations, Peter also offers expert counseling on fraud and abuse issues, as well as assistance in designing corporate compliance programs and business codes of conduct, monitoring business practices for compliance with legal and ethical integrity requirements and conducting internal investigations arising from fraud and corruption allegations.

The central issue under appeal was whether the Crown had identified a question of law alone (appealable) or a mixed question of law and fact (non-appealable) in accordance with section 676 (1)(a) of the Criminal Code.

[3] In the end, the only issue of concern is whether the curative proviso in s. 686 (1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. C - 46, can be applied to sustain the convictions.

The cop requires reasonable and probable grounds to demand a breath test under criminal code s. 254 before a charge is laid and before a licence suspension is issued.

A directive to crown prosecutors may be issued to not enforce the section of the Criminal Code prohibiting doctor - assisted suicide, providing the case fits the province's established criteria.

On the other hand, if the JCC issues a finding of fact that the complained of actions of the judge were not judicial acts, (i.e. a violation of the criminal code) then the judge should not be protected by judicial immunity.

But if the issue interests you, you could do much worse than to read Chief Justice Bauman's recent decision in Reference re: Section 293 of the Criminal Code of Canada 2011 BCSC 1588 (the polygamy reference), particularly Part III.

R. v. McCallum (N.J.) 2013 ABQB 175 Criminal Law — Compelling appearance, detention and release — Interim release or detention of accused pending trial or appeal — Review In August 2012, the court issued a notice to the profession, setting out, as a pilot project for Edmonton, «Changes to s. 525 Detention Review and s. 520 Bail Review Hearings» under the Criminal Code.

R. v. Bowden (J.R.) 2013 ABQB 178 Civil Rights — Trials — Due process, fundamental justice and fair hearings — Speedy trial — Accused's right to — What constitutes «within a reasonable time» In August 2012, the court issued a notice to the profession, setting out, as a pilot project for Edmonton, «Changes to s. 525 Detention Review and s. 520 Bail Review Hearings» under the Criminal Code.

R. v. Ashini (J.B.) 2015 NLPC 1711 Civil Rights — Criminal Law Summary: At issue on this bail hearing was whether the accused should be released, as well as the proper interpretation of s. 516 (1) of the Criminal Code in the context of the Supreme Court of Canada in R. v. Pearson (1992), R. v. Morales (1992), and R. v. Hall (2002) and the judicial reality that existed for years in Labrador.

However, «If the national court were thus to come to the view that the obligation to disapply the provisions of the Criminal Code at issue conflicts with the principle that offences and penalties must be defined by law, it would not be obliged to comply with that obligation, even if compliance with the obligation allowed a national situation incompatible with EU law to be remedied»: in fact, it is for the national legislature to take the necessary measures.