R.v. Feeney (1997) is a important case for the development of a Feeney warrant, which is needed for the police to enter a dwelling house. This ensures individuals have privacy at their homes from the police making forcible entries. When a suspect gets arrested and their privacy rights are infringed. The job of the courts are then to evaluate the case, and check if the appellants rights were indeed violated, if so was it because the protection of society outweigh the individual right to privacy. First, in this paper we will discuss important section numbers relating to the Feeney case which includes section 8, 10 (b), and section 24 (b). Than we will examine the ruling from the Supreme Court of Canada regarding the Feeney case and how this case has impacted police in their work and assuring individuals their right to privacy. After we will look at two other cases precedent to the Feeney case that includes R.v. Godoy (1999) and R.v. Gomboc (2010). Lastly, the personal analysis section will evaluate the decisions made from the three cases, identifying whether the judges have made the correct decisions.
Police officers including approximately six armed members of the “Special Emergency Response Team” forcibly entered the appellants’ (Bulsey & Anor) house. Bulsey was taken from his bed, placed on the floor, handcuffed and dragged out to the street and later charged with riotous assembly and destruction of a building. In subsequent committal proceedings, the respondent conceded it did not have a case against the first appellant. He was discharged. Bulsey (the first appellant) sued the respondent for damages for trespass to the person (assault, battery and false imprisonment). Anor (the second appellant) sued the respondent for damages for assault and false imprisonment. The trial judge dismissed the appellants’ claims with costs, with judgments in favour of the respondent.
Labelle v. Rogers Communications Inc. Deborah P. Labelle filed a complaint with the Canadian Human Rights Commission on September 3, 2009 against Rogers Communications Inc. The complainant, Labelle feels that Rogers Communications Inc. the respondent, discriminated against her because she is a woman. This falls under section 3 of the CHRA which covers and protects against sex discrimination. Labelle alleges she was treated differently compared to her male counterparts and was eventually fired from her position. The complainant filed this complaint on the grounds of sex discrimination.
R. Williams Construction Company v. OSHRC is a case regarding the rules and regulations of OSHA verse the practices of a construction company. OSHA (Occupational Safety and Health Act) is a government regulated organization that was created to ensure the safety of employees while on the job. The regulations of OSHA have been put in place to eliminate and/or reduce the number of on the job injuries and deaths. Therefore, legal issue of this case is whether or not the courts should hold the construction company responsible for specific violations of OSHA standard regulations. Yet, in the case of Williams Construction the company was put under investigation by OSHA after a trench
This suit is filed the ground of nuisance, on the claims that the Roger’s apartment is messy and causing the rodents and other insects to invade all the apartments in the building.The purpose of the suit is to enjoin the further operation of the rodents and other insects invading the apartments. This cases was upheld in the state California.
The case that I have chosen to discuss is Case 85 Cal.Rptr.2d 844 (1999) 978 P.2d 2 20 Cal.4th 785 Peter Ramirez, Plaintiff and Appellant, v. YOSEMITE WATER COMPANY, INC., Defendant am Respondent, No. S070114, Supreme Court of California, June 17, 1999.
The Environmental Protection Agency has dismissed at least five members of a major scientific review board, the latest signal of what critics call a campaign by the Trump administration to shrink the agency’s regulatory reach by reducing the role of academic research.
This was a landmark case as it set a precedent for the rights of public health officials. As stated in an article in the American Journal of Public Health, although this ruling was an important victory for officials, it was not enforced very often in the mid 1900s (Colgrove & Bayer, 2005,
In concurrence with King, requiring professors in Christian Charter schools to refrain from wearing non-Christian articles of faith is not a reasonable infringement of Section 2(a) of the Charter. The Oakes test was conducted to deduce that the Charter infringement is not justifiable in a free and democratic society. The first step of the Oakes test is to determine if the infringement is “prescribed by law”. A common law rule or regulation, in addition to legislation can constitute a limit “prescribed by law” (Sharpe & Roach, 2013, p66).
Robin Blencoe was a minister of the British Columbia government who was accused of sexually harassing his assistant, Fran Yanor in March 1995. In the Blencoe v British Columbia (Human Rights Commission case) h became the respondent in the case. Once he was accused, Blencoe stepped down from his position and a month later he was removed from his cabinet by the premier. Along with this, he was dismissed from the NDP caucus. Four to five months later, Blencoe was yet again faced with two complaints of “discrimination conduct in the form of sexual harassment” (Westcoastleaf, page.2) by two other women who were employees of Blencoe named Andrea Willis and Irene Schell. There were various incidents that took place in between March 1993 and March
It is also important to point out that, unlike the US movement, Canada’s environmental justice
This case is between Sierra Club petitioners vs. Roger C.B Morton, both parties are arguing whether something should be built on Mineral King Valley area or not. Disney was given permission from the U.S Forest Service to build a resort at the Mineral King Valley and for the resort the State of California proposed to construct a highway of 20 miles length to get into the resort. This case was made because Sierra Club didn’t think it was right to have a ski resort and recreation area made in the national park and forest area. Sierra Club filed a suit against Morton seeking injunction under the Administrative Procedure Act to prevent the development. The Administrative Procedure Act states that a person suffering a legal wrong because of the agency
Miami Dade County Court, Criminal Misdemeanors Division judge who hears the motion to suppress on behalf of the four defendants. Write an opinion finding whether the physical evidence and testimonial evidence are admissible at trial or not. And state the law that supports your ruling.
You have asked me to summarize the Supreme Court of Canada decision in Doré v Barreau du Québec, 2012 SCC 12, SCR 395 and analyze whether the Law society is likely to sanction Evan Frank. Although the Rules of Professional Conduct place limitations on certain conduct to ensure professionalism, the expressive rights of lawyers must be given due respect and the likelihood of Mr. Frank’s sanction will depend on a fair balance of “expressive value” of the content in the letter, with the public’s expectation of professionalism.
The accused, Erin Lee MacDonald was charged for handling a firearm in a careless manner without taking erasable precautions for the safety of others and for possessing a loaded restricted firearm without having an authorization license stating he could do so. The case was on appeal from the Court of Appeal of Nova Scotia and was heard by the Supreme Court of Canada in 2014. The judgment of McLachlin C.J. and LeBel, Fish and Abella JJ. was delivered by LeBel J.