Sentences with phrase «of complainants in cases»

Late 2017 sees the beginning of the phased roll - out of pre-recorded cross examination of complainants in cases concerning sexual offences.

Not exact matches

While the new approach would make it easier for citizens to complain without having to repeatedly fly to Ireland, for example — as in the case of serial Facebook complainant Max Schrems — they say it also would slow down the complaint process and over-complicate matters for the Internet companies.

World Watch Monitor reports that Bibi's attorney Naeem Shakir challenged the testimony of the women who feuded with Bibi, arguing to the appellate court that their testimony had been hearsay because the complainant in the case had not heards Bibi's words himself.

The complainant did not pursue the allegation again until 2012 after several high - profile cases of historical sexual abuse by church figures had broken in Australia and the US, as well as the Jimmy Savile scandal.

In the case of complaints against the actions of a RA - Cert client, the complainant should first attempt to resolve the issue directly with the client prior to requesting that RA - Cert become involved.

Based on a high - level audit of all reports of sexual harassment or violence for three academic years from 2012 - 2013 through 2014 - 2015, Pepper found that the University's student conduct processes were wholly inadequate to consistently provide a prompt and equitable response under Title IX, that Baylor failed to consistently support complainants through the provision of interim measures, and that in some cases, the University failed to take action to identify and eliminate a potential hostile environment, prevent its recurrence, or address its effects for individual complainants or the broader campus community.

The Facts of the case as presented in camera by Assistant Superintendent of Police (ASP) Sylvanus Dalmeida, are that in December 2014, the complainant and mother of the victims suffered a peculiar ailment.

Richmond Ayayi, the interdicted CID / Investigator who investigated into the case, finds himself in a very tight corner — as he continues to give contradictory testimony of what he told or tells the court and what the complainant in the case, Asamoah Gyan's manager, Samuel Anim Addo, told the court.

She called for the party to «uphold the strongest principles of natural justice» including giving people a timeline in which their case will be dealt with, offering the identity of any complainant and telling people why they are being suspended.

Evidence of a complainant's sexual history had only previously been used once in the past 16 years — and that was in a case where the similarity of the sexual conduct was bizarre and unusual.

In their letter they said if the sexual history of complainants was brought up in court it would «act to make the prosecution of rape cases in the future harder and reporting of these crimes less likely»In their letter they said if the sexual history of complainants was brought up in court it would «act to make the prosecution of rape cases in the future harder and reporting of these crimes less likely»in court it would «act to make the prosecution of rape cases in the future harder and reporting of these crimes less likely»in the future harder and reporting of these crimes less likely».

In cases where complaints from the public serve as the evidentiary basis for the director to prepare a petition, at least one of the complainants or his or her designee in the matter must appear and testify at the hearing or the complaint shall be dismisseIn cases where complaints from the public serve as the evidentiary basis for the director to prepare a petition, at least one of the complainants or his or her designee in the matter must appear and testify at the hearing or the complaint shall be dismissein the matter must appear and testify at the hearing or the complaint shall be dismissed.

In the case of complaints against the actions of a RA - Cert client, the complainant should first attempt to resolve the issue directly with the client prior to requesting that RA - Cert become involved.

As noted by the complainants in this case, indexing of court and tribunal decisions by search engines can provoke significant reputational harm and embarrassment to individuals by needlessly exposing sensitive personal information to inadvertent discovery.

In such a case the complainant clearly has rights prior to the date of registration.

The remaining appeals concern a lawyer's liability in giving a referral, an employee's ability to sue a labour union local and its directors for wrongful dismissal, the right of expatriate Canadians to vote in Canadian elections and whether a trial judge correctly gave more weight to a complainant's evidence in a sexual interference case.

Because of the Commission's double role as enforcer of competition law and private complainant, one might have a justified concern that it collected information — including confidential business information — that would not normally be accessible to any other plaintiff in such a case.

If the wrongdoer has no such power or authority, the Tribunal has jurisdiction to consider whether the complainant's employer played some role in allowing the conduct to occur or continue, in which case the insult is endured as a consequence of employment.

Leaving aside whatever legal obligations the Respondent may have been under in this case, and it must be assumed that its «hard hat policy» was motivated out of a desire to protect the Complainant.

Teams prepare and analyze fictive case and present their arguments both for the complainant and the respondent in front of a Panel which consists of WTO and trade law experts.

Once non-consent has been established, the onus shifts to the accused to advance a defence that meets the requirements of the Criminal Code — and that may be too steep a hill to climb in a case with multiple complainants.

The ability of Ghomeshi's legal team to raise a reasonable doubt that the complainants in this case did not consent will play a critical role in determining the outcome of the case.

Defendant published the name of complainant in sexual assault case in breach of publication ban.

The leading case of Simpson v O'Malley required the - large — employer to exempt the complainant from Friday / Saturday shifts in her retail job after she became a Seventh Day Adventist — which she did after starting work.

17 As a result of this asymmetry, the court that makes the most authoritative pronouncements on the standard for granting summary judgment — the Court of Appeal — tends to do so in cases where the motions court has denied the complainant her day in court.

In its essence, however, the Code remains a collection of case summaries grouped by key words with cross references, that characterized previous editions, enhanced with «comments» in the form of short précis for every section and easy to read case summaries that substitute abbreviations for Defendant / Accused (D), Prosector / Crown (P) and Victim / Complainant (VIn its essence, however, the Code remains a collection of case summaries grouped by key words with cross references, that characterized previous editions, enhanced with «comments» in the form of short précis for every section and easy to read case summaries that substitute abbreviations for Defendant / Accused (D), Prosector / Crown (P) and Victim / Complainant (Vin the form of short précis for every section and easy to read case summaries that substitute abbreviations for Defendant / Accused (D), Prosector / Crown (P) and Victim / Complainant (V).

Mr. Jenkins is highly trained in developing relationships with witnesses and complainants that sometimes allows him to obtain information about the facts of the case that many lawyers don't obtain.

According to s. 276 (2) of the Criminal Code a judge or justice presiding over a case may choose to admit evidence of the complainants past sexual history in certain limited circumstances.

The Crown will agree to a bail variation in a variety of circumstances, the most common of which is when the complainant in the case agrees to the variation.

The report outlines the committee's review of Camp's misconduct in R. v. Wagar, a 2014 sexual assault case in which Camp acquitted the accused but not before making questionable comments to the 19 - year - old complainant, including asking her why she couldn't keep her knees together and stating «pain and sex sometimes go together.»

Consent, alcohol, the complainant's credibility: common themes in sexual assault cases that are now set to play out in an uncommonly high - profile setting, as the trial begins Monday for three Toronto police officers accused of sexually assaulting a female colleague.

* Note: The Domestic Violence Complainant Assistance Program does NOT make decisions for someone, provide legal advice, provide counselling, discuss details of the offence or provide assistance in cases other than domestic violence.

In that case, which involved an HPRB review of a disposition concerning a 2009 complaint against a physician (the «Registrant»), the HPRB decided that letters which referred to the Registrant's past complaint history should be disclosed to the complainant - applicant, over the objections of the Registrant and the College of Physicians and Surgeons of BC («the College»).

Thus such exhaustive investigations in some DNA cases have resulted in e.g. the finding that complainants may have had unrestricted access to crime scenes between the time of the claimed offence and the scenes of crime investigation.

These terms will inevitably include requirements that the accused reside in the company of his surety and have absolutely no contact with the complainant for the many months that it will take our overburdened system to bring the case to trial.

And, in the case of a factually guilty person accused of sexual assault, the complainant is being asked to suffer harm to protect something of value to the person who assaulted her.

In criminal cases, how can we reconcile the rights of the accused with the rights of the complainant and the demands of the public?

Here I'm struck by the contrast between the accounts of the prevalence of «whacking» and the judicial response to it (e.g. that it is common and the courts / crowns rarely intervene) and accounts that I hear from practicing crowns (e.g. that it is uncommon and, when it occurs, the court's response vigorously and, further, that the court, crown and police are uncommonly solicitous to complainants in sexual assault cases — a claim that the Ghomeshi cases seems to confirm given the seemingly well - founded criticism of the police in that case for failing to adequately probe the complainant's allegations, meaning that inconsistencies in their statements were discovered on cross-examination by the defense, fatally undermining their credibility).

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If the complainant can establish a prima facie case, the burden then shifts to the respondent, in this case the Trustees, who must establish that either a statutory exemption under human rights legislation applies or that there is a non-discriminatory justification for its policy and evidence that it took reasonable steps to accommodate the complainant up to the point of undue hardship.

After all, typically in a sexual assault case, there is a publication ban on the complainant's name (the Ghomeshi case was somewhat unique in that one of the complainant's waived, perhaps unwisely, her right to anonymity), so how does such a miscontrual harm the complainant as a practical matter?

On the morning of trial, Mr. Navarrete met with the Crown Attorney to demonstrate the frailties in the Crown's case against L.D. despite the fact that the complainant was insistent on proceeding with the case.

R. v. L.D. (2010) Charges of breach of recognizance stemming from an alleged contact breach with a hostile complainant in an original domestic assault case withdrawn prior to trial in the Ontario Court of Justice in Toronto.

R. v. P. D. (2010) Client acquitted on charges of breach of recognizance (X3) stemming from an alleged contact breach with a hostile complainant in an original domestic assault case in the Ontario Court of Justice in Milton.

In these type of cases, the claimants might choose to file a class action claim; with one or a number of complainants representing all those associated with the fit.

West Coast LEAF intervened in this case, in which the Court was called upon to decide whether a human rights complaint should proceed in situations where the complainant and the respondent are employees of different companies on the same construction site, and the respondent is not in a position of authority over the work of the complainant.

The defence was able to establish significant inconsistencies in the Crown's case, as well as establish the collusion of the complainant and her boyfriend in the content of their evidence.

In addition, the Crown relied on an Ontario Court of Justice decision wherein the Court stated that because the complainant in that case was passed out and was unresponsive, there was clear evidence that she lacked the capacity to consenIn addition, the Crown relied on an Ontario Court of Justice decision wherein the Court stated that because the complainant in that case was passed out and was unresponsive, there was clear evidence that she lacked the capacity to consenin that case was passed out and was unresponsive, there was clear evidence that she lacked the capacity to consent.

The complainant failed to recall key aspects of the case and the Crown sought to introduce the complainant's statement in order to prove its case.

In this case, the prior healthy relationships, and the evidence of the complainants at the preliminary hearing did not disclose that the nature of the relationships were that of student and teacher but in fact friendIn this case, the prior healthy relationships, and the evidence of the complainants at the preliminary hearing did not disclose that the nature of the relationships were that of student and teacher but in fact friendin fact friends.