Sentences with phrase «control over the justice»

«The recent Iacobucci report for the Ministry of Attorney General on flaws in the jury system with respect to aboriginal participation and the fact the aboriginal peoples are vastly overrepresented in our male and female prisons... show that native communities need much more control over their justice systems to prevent some terrible ongoing injustices,» says McRobert.
Third, survivors of sexual assault are given greater control over the justice process in the civil context.

Not exact matches

The Justice Department is looking into complaints that Live Nation has used its control over concert tours to pressure venues into contracting with Ticketmaster, a possible violation of antitrust law.
His Honour Justice Le Miere said in his reasons that his decision was «to see that the property and resources of the corporation are under control of the receiver so that they can not be used or applied to favour one group over another.»
After the Fall, says the Catechism, «the harmony in which they [Adam and Eve] had found themselves, thanks to original justice, is now destroyed: the control of the soul's spiritual faculties over the body is shattered» (400); and, it adds, this disorder can extend to the marital relationship itself: «the union of man and woman becomes subject to tensions, their relations henceforth marked by lust and domination» (ib.; cf. 409).
But the jailer could hardly be held responsible for an earthquake; and Rome, being famous for her justice, would hardly have punished the jailer for the results of something over which he had no control.
Not just New Labour's overwhelming desire to amass all sorts of information about the individual and New Labour's managerial model of how to govern but also, in particular, a steady shift away from «justice» and towards «control»: towards the arbitrary, unconstrained use of power through the regular invocation of states of exception (terror legislation and Iceland is in this category); the creation of catch - all legislation whose operational interpretation is at the whim of the police (photography, questioning individual police officers); government attempts to constrain the judiciary through tick - the - box sentencing guidelines, and at an individual level examples such as David Milliband's quite disgraceful prevarication over torture allegations.
«All ideas of making people feel they have more power and control over government and their lives and the criminal justice system, those are all things we can look at,» he said.
This would immediately end the European Court of Justice's control over national security and allow the Government to remove EU citizens «whose presence is not conducive to the public good».
Plans backed by Gordon Brown to increase the Scottish parliament's remit — including giving it greater control over income tax, borrowing powers and criminal justice — are now in great doubt after the Queen's speech made only a fleeting reference to the proposals.
The county democratic party hardly focuses on judicial races and judicial candidates seldom reach out to local clubs for endorsements; however, I have elected to include their ratio in this piece because courts have the ability to deeply impact anyone who is involved in the justice system, and people in a lower socio - economic class are likely to have less control over and support with their legal matters.
The three judicial laws recently passed by the National Assembly, after seven minutes of debate, will compromise the independence of the judiciary by providing the executive branch of government, via the Ministry of Justice, with control over the courts» finances, personnel and general administration.
MR. JUSTICE STEWART stated there that» [d] irect control over decisions vitally affecting the education of one's children is a need that is strongly felt in our society.»
Social justice advocates, educators and union leaders from 10 cities around the country came together out of concern about a loss of community control over schools.
In response to his comments, over 50 California - based civil rights, social justice, and education organizations signed the letter below urging the Governor to continue the state's commitment to equity by not just narrowing, but closing the achievement and opportunity gaps, continuing the work of the Local Control Funding Formula, and supporting a strong accountability system.
42 USC 3789d, Omnibus Crime Control and Safe Streets Act of 1968 as amended Prohibition of Federal control over State and local criminal justice agencies; prohibition of discrimControl and Safe Streets Act of 1968 as amended Prohibition of Federal control over State and local criminal justice agencies; prohibition of discrimcontrol over State and local criminal justice agencies; prohibition of discrimination
This settlement isn't to be confused with the Department of Justice lawsuit against Apple for colluding with five of the then - Big Six publishers to artificially raise the prices of ebooks in order to draw some of the control over the market away from Amazon.
Unfortunately, the generic platforming gameplay and frustrating combat and camera controls don't do justice to this vividly imagined world, problems that no amount of charm will be able to gloss over should they carry over into the sequel.
But the current development of wind power alternatives provides a great sense of local community control over the next round of energy development across the Great Plains, and many of the tribal representatives consider tribal wind power an environmental justice issue.
Not surprisingly then, sacrificing participants» right to dignity and privacy in the justice process for the illusion of transparency, coupled with a significant loss of judicial control over how and what information is disseminated online, eventually risks fostering a disinclination to participate in the justice process.
Justice Doherty noted that there were no material facts supporting the students» allegation that the Diocese knew or should have known of the ongoing abuse; there were no material facts supporting a direct relationship between the Diocese and the school or the students; there was no allegation that the Diocese founded, controlled or was involved in the operation of the school in any way; and there was no allegation that the Diocese had any power over the headmasters in so far as running the school was concerned.
-- Drug Offences, including Possession and Possession for the Purpose of Trafficking; — Firearm and Weapons Offences; — Property - related Offences, including Theft, Break and Enter, and Mischief; — Assaults, including Domestic Assaults; — Impaired Driving Offences, including Drive while Impaired, Drive Over 80, Refusal of a Demand, and Impaired Care or Control; — charges against young persons under the Youth Criminal Justice Act.
After emphasizing, at para. 99, that «Marakah had no control whatsoever over the text message conversations», Justice Moldaver proceeds to analyze the same point multiple times to arrive back at the same place, at para. 144, that since the police accessed the text messages on Winchester's iPhone, «Marakah had no control over the subject matter of the search».
The Chief's Office, through the MOU, assumed control over budgets for the administration of the Office of the Chief Judge, the Regional Senior Judges, the Co-ordinator of the Justices of the Peace, and the judicial support budgets for the Provincial bench and all Justices of the Peace.
By doing so, the lawyer is able to offer affordable fixed quotes for strictly defined tasks, which enables a self - represented litigant to get full control over their legal budget while at the same time getting the benefit of affordable access to justice for the limited tasks that they can't handle on their own.
Lord Justice Lloyd Jones held that «While I readily accept the fundamental importance of the guarantees provided by Article 5, it does not follow that Article 5 must be equated for all purposes with Articles 2, 3 and 4... In the present state of the Strasbourg jurisprudence, enforced disappearance cases are acknowledged to give rise to an investigative obligation because where agents of the State have assumed control over an individual it is incumbent on the authorities to account for his or her whereabouts... I can see no reason in principle why it should be extended to all cases in which a person has been detained in the absence of judicial scrutiny or control, even if the detention is not secret or unacknowledged.
In furtherance of that objective, the attrition study's recommendations should be considered by those in the justice system with control over data collection.
In the case of a dispute the Commission will follow the «sealed envelope procedure», which is recognised by the Court of Justice as a means of avoiding the risks of legal professional privilege being breached, while at the same time enabling the Commission to retain control over documents relevant to its investigation and avoiding the risk that the documents will be destroyed or disappear.
Public Justice does not have control over Third - Party Websites, each of which may be governed by its own terms of service and privacy policy.
Largely because of the administrative and financial control that the Court had over its resources (under its MOU with the Attorney General), the Ontario Court of Justice has been able over the years to leverage its expertise in judicial education to benefit not only the NJI but also judges and courts across Canada.
I've greatly appreciated and learned much from many of her articles, such as «The Cost of Law: Promoting Access to Justice through the (Un) Corporate Practice of Law,» «Life in the Law - Thick World: The Legal Resource Landscape for Ordinary Americans» (with Jaime Heine), and «Legal Barriers to Innovation: The Growing Economic Cost of Professional Control Over Corporate Legal Markets.»
Prior to the date of the Constitution, the people had not any national tribunal to which they could resort for justice; the distribution of justice was then confined to State judicatories, in whose institution and organization the people of the other States had no participation, and over whom they had not the least control.
The next day Justice Rosalie Abella held that an equity partner of a Canadian law firm, facing compulsory retirement at 65, could not invoke the protections of the Human Rights Code, since he lacked the elements of subordination in employment that characterized an employee, and had significant rights within the partnership and control over his employment.
(It seems to me that some legislative control over jurisdiction is necessary for the good administration of justice, and that removal of discrete elements of a court's jurisdiction will not always, perhaps rarely, interfere with its independence.)
At a case conference several days before the hearing of the contempt motion, Mr. Justice Myers, who presided over both the injunction and contempt hearings, made an interim order in addition to the injunction order, again requiring the franchisees and their two principals to, among other things, cease operating the two franchised business and transfer control to the franchisor.
One of the main criticisms of the restorative justice regime has been that the victim has had little control or influence over its process.
The response asserted that controlling costs is not, in and of itself, the goal of the reform programme and that «the aim of improved efficiency and better control over spending is, ultimately, to ensure that more people can be helped by legal aid within the resources available, without any reduction in quality, and in a way that contributes to, and benefits from, improved efficiency in the wider justice systems» (para 33).
That such grants should not be held to extinguish native title is supported by the High Court's decision in Yanner v Eaton in relation to non-exclusive governmental rights of control over fauna, (53) the acceptance by the majority in the Full Court of non-exclusive governmental rights over water, and in the approach of Justices Lee and North.
Today, 90 of these programs are jointly funded by the federal and provincial governments under the Aboriginal Justice Strategy, designed in 1996 to respond to aboriginal communities» desire for more control over their own justice Justice Strategy, designed in 1996 to respond to aboriginal communities» desire for more control over their own justice justice issues.
It required that the control over Indigenous people's lives be removed from the public institutions of the mainstream society, particularly those formalised through the police and criminal justice system, and that the unequal basis of the relationship be remedied by addressing the profound economic, social and cultural disadvantage experienced by Indigenous peoples.
Collaborative Law is worth considering if some or all of the following are true for you: (a) you want a civilized, rational resolution of the issues, (b) you would like to keep open the possibility of a viable working relationship with your partner down the road, (c) you and your partner will be raising children together and you want the best working relationship possible, (d) you want to protect your children from the harm associated with litigation between parents, (e) you have ethical or spiritual beliefs that place high value on taking personal responsibility for handling conflicts with integrity, (f) you value control and autonomous decision making and do not want to hand over decisions about restructuring your financial and parenting arrangements to a stranger (a judge), (g) you recognize the restricted and often unpredictable range of outcomes and «rough justice» generally available in the public court system and want a more creative and individualized range of choices available to you and your spouse or partner for resolving the issues.
An alternative approach suggested by Justice Kirby, that the rights of control over the sea were qualified or regulated by the rights of navigation and innocent passage [169] but still able to be recognised, was not adopted by the majority.
The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,
Justice Saxe, who is an associate justice at the Appellate Division, First Department, focused on the fact that clients who choose mediation over litigation have more control over their divorce process and the terms of their agreement and this correlates to being more satisfied with the results of their dJustice Saxe, who is an associate justice at the Appellate Division, First Department, focused on the fact that clients who choose mediation over litigation have more control over their divorce process and the terms of their agreement and this correlates to being more satisfied with the results of their djustice at the Appellate Division, First Department, focused on the fact that clients who choose mediation over litigation have more control over their divorce process and the terms of their agreement and this correlates to being more satisfied with the results of their divorce.
The Social Justice Report 2001 identifies the need for a long term financial commitment from governments as necessary to increasing Indigenous participation and control over decision making processes at the community level.
The Social Justice Commissioner «s Office will follow up these recommendations with governments over the next 12 months, and further the campaign through consultation with Aboriginal community controlled health organisations and their representatives, Aboriginal and Torres Strait Islander peoples, the non-government and private sector.
As demonstrated in the High Court's decision in Yanner v Eaton in relation to non-exclusive governmental rights of control over fauna [101], in the acceptance by the majority in the Full Court below of non-exclusive governmental rights over water, and in the approach of Justices Lee and North, there is room for argument about the non-exclusive vesting of minerals and petroleum in the Crown pursuant to s 3 of the Constitution Act (WA), s 117 of the Mining Act 1904 (WA), s 9 of the Petroleum Act 1936 (WA) and s 3 of the Minerals Acquisition Ordinance 1953 (NT).
The Social Justice Report 2000 noted that to date there has been insufficient attention given by governments to processes which ensure greater Indigenous participation and control over service design and delivery as part of an overall strategy to redress Indigenous disadvantage and economic marginalisation.
The National Aboriginal Health Strategy (NAHS) defines Aboriginal health as a matter of determining all aspects of their life, including control over their physical environment, of dignity, of community self - esteem, and of justice.
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