Sentences with phrase «common law power»

By the end of trial, the prosecution disclaimed reliance on such authority to found the lawful execution of police duty, preferring instead to rely upon an asserted common law power of a constable responding to a 9 -1-1 call, a distress call for help, «to enter into the residence to determine the well - being of Maryanne».

' (1) the decision to use «containment» to impose a «kettle» around the Climate Camp between 7.00 p.m. and around 11.30 p.m. on 1 April 2009, purportedly under common law powers to prevent a breach of the peace;

In Brown, Doherty J.A. highlighted the following six factors, which undermined the basis for a finding that the police had acted pursuant to their ancillary common law powers:

Underhill J acknowledged that it was well established that the Crown may not use prerogative or other common law powers in a field which is already the subject of statutory regulation.

Under common law powers, and also pursuant to various statutes, any person who is before «a court of record having a criminal jurisdiction» (see, for example, Justices of the Peace Act 1968, s 1) may be bound - over to be of good behaviour, for any period, for any sum.

[1] The common law power of search incident to arrest is an ancient and venerable power.

17 I do note in passing that there was no discussion in Tresham about the common law powers of a police officer to make a vehicle stop in a parking lot on private property and yet Mr. Auger submits that the decision of R. v. Hopman4 relied on by the Crown for the assertion of that authority, in private parking lots, is inconsistent with Tresham.

In these circumstances and given my view that Constable B. had the common law power to make the stop he did in this case, any further argument on the limitation of section 48 to highways will have to wait for another day.

Even if his exercise of his common law power could be regarded as random and arbitrary, in these circumstances it would be justified under section 1.

Justices LeBel, Fish, Abella and Charron found that there was no common law power to deploy a sniffer dog on the facts of this case.

Chief Justice McLachlin and Justices Binnie, Deschamps and Rothstein, who disagreed in their disposition of the case, concluded that such a common law power does exist, but that it is subject to a standard of «reasonable suspicion».

[1] The police have a common law power to search incident to a lawful arrest.

Two further decisions impacted on the right to education: in Re JR 17 [2010] UKHL 27 (the appeal from Northern Ireland) the Supreme Court confirmed that a school principal has no common law power to suspend a pupil from school for an alleged breach of discipline, and in A v Essex County Council [2010] UKHL 33 the court ruled (by 3 to 2) that autistic children have no absolute right to an effective education under Protocol 1 to the ECHR.

Ultimately the Court in Khadr offered a declaratory remedy to properly respect the prerogative powers of the executive, but noted that the executive is not exempt from constitutional scrutiny, even when exercising its common law powers under royal prerogative.

At issue before the court was the voluntariness of the appellant's self - incriminating statements, the entry into the appellant's home using the common law power under exigent circumstances, and admissibility of the evidence seized.

The order allowing A to withhold his identity was in accordance with the court's common law powers.

Whether the court possessed any common law power to protect the anonymity of a party where rights under the ECHR (given effect by the Human Rights Act 1998 (HRA)-RRB- are engaged;

Singularis v PwC [2014] UKPC 36 (Privy Council on appeal from the Bermuda Court of Appeal) Extent of the common law power of a court to give assistance to the liquidator of a foreign company.

Singularis v PwC [2014] UKPC 36 (Privy Council on appeal from the Bermuda Court of Appeal) and [2016] UKPC 33 Extent of the common law power of a court to give assistance to the liquidator of a foreign company.

The extent of the common law power of a court to give assistance to the liquidator of a foreign company.

Extent of the common law power of a court to give assistance to the liquidator of a foreign company.

The Supreme Court of Canada restored the trial court's decision, affirming the common law power of police officers to perform a «search incident to arrest»:

Despite jurisprudence to suggest that the common law power exists outside of the statutory regime, the majority in this case framed it as being limited to the same role as s. 253.1 (5).

This seems to render the common law power redundant in the face of the statute.

WCAT wrongly equated the common law power to reopen an appeal to cure a jurisdictional defect with the power of a court on judicial review.

WCAT interpreted the common law power to reopen an appeal to cure a jurisdictional defect as «authority to set aside one of its decisions», and considered the standard of review set out in s. 58 of the Administrative Tribunals Act (ATA) applicable.

Can the police search such phones under the common law power to «search incident to a lawful arrest».

In this case Underhill J took the view that the most workmanlike description seemed to be simply «common law powers».

In the alternative, it is arguable that the absence of a second member of staff during the search of a pupil's school bag will carry a necessary legal implication that the search was under common law powers and not under s 550AA.