The hearing took place on November 8, 2010
- K.D. was unconscious for about three minutes during sexual activities with J.A, (She was aware this might happen when she asked to be choked)
- While K.D. was unconscious, J.A. tied her up and performed additional sexual acts.
- On July 11, 2007, K.D. complained to the police reporting what J.A did wasn’t consensual.
- The Court of Appeal for Ontario decided there wasn’t enough evidence to prove that K.D. didn’t provide consent to the sexual activity.
- This issue was last tried on May 27, 2011, in the Supreme Court of Canada
Reasoning: The rules of statutory construction do not support Kelbel's argument that "past pattern child abuse" constitutes several elements; therefore the district court's denial of his motion was fully upon the court's discretion. The court's refusal to give the jury Kelbel's instruction to prove each element of "past pattern child abuse" is also under the court's discretion. The medical examiner's testimony revealed that Kailyn died of internal bleeding caused by multiple blows to her abdomen and based on testimonies given by a neighbor and by Lindsey, it was confirmed that Kelbel was alone with Kailyn during the time she received her injuries. Testimonies given about Kailyn's injuries before December 4th also reveal that Kelbel was alone with Kailyn during the time she received injuries. Moreover, the court concludes that the testimonies of medical examiners and by Lindsey are sufficient to support the jury's verdict.
While conducting the investigation and attempting to ascertain information from one of the parties, Keaton McElroy who had already departed from the scene and who had advised the altercation had been resolved, dispatch called and stated there was another disturbance in progress at the above listed address and the reporting party as well as the reporting parties father were being held at gun point.
• The infringement serves a “valid legislative objective.” The court suggested a valid legislative objective would be conservation of natural resources, in which First Nations interest would come second only to that;
This case falls into criminal case law. This is known from the title of the case being R v Davis, R being the Queen and Davis being the accused. In addition, the conviction was based off of laws that were broken listed in the Criminal Code of Canada.
In 2001, a man named Danny Kyllo was suspected for growing marijuana in his house by the police. They used a thermal-imaging device to detect heat inside his house that might be caused by the lights needed to grow the illegal substance’ without natural sunlight. The police convicted Kyllo for his crimes, but Kyllo argued that the evidence cannot be used since it violates the Fourth Amendment. Did the government go too far? Or were they able to do what they did? This means that the police did not have probable cause to use the thermal imager, it wasn’t in plain sight, and it was not a situation where stopping to get a warrant was too inconvenient. The government definitely went too far because it was an invasion of privacy using technology to
Legal citation of the case: Regina v Bilal Skaf; Regina v Mohammed Skaf [2006] NSWSC 394, 28 July 2006 AND amendment to this decision with the appeal: R v Skaf & Skaf [2008] NSWCCA 303, 17 December 2008
The provinces against the legislation argue that the 1995 statute invades provincial jurisdiction over property and civil rights. The government of Alberta claims that:
The supreme court of Canada has overruled numerous laws put forward by the Harper government. In 2010, former Prime Minister Stephen Harper was opposed to the Vancouver Eastside supervised injection site. Stephen Harper took a conservative approach to the issue, he said that “we as a government will not use taxpayer’s money to fund drug use” (Rachlis, 2010). The Prime Minister did not recognize the potential benefits to Canadian society as he focused on budgeting, without recognizing the benefit to public welfare that would reduce disease, death and have a rehabilitative effect on participants of the program. Judicial decisions play an influential role in the provisions of the Constitution because their interpretation is essential to understanding and employing it. In this essay I will argue that the traditional role of the judges has evolved into having a determinative function of law, that allows judges to uphold citizen’s rights and preserve justice in Canada. Through analyzing judicial review, I will demonstrate how judge’s role is much more than an interpretation of law through exploring the idea of Charter proofing, integrating public opinion in decisions, production of common law and judicial activism that serve in creating a climate that is adaptive to new issues that may arise and free from arbitrary rule.
"I received from Mr. Rachell the newspaper article about other sexual assaults. Since there were very few similarities and connection between the sexual assaults and the sexual assault Mr. Rachell was accused of committing, I did not believe that this information from Mr. Rachell merited much investigation.” Roma Khanna. "Assaults on kids continued after jailing of inmate later cleared." Houston Chronicle. N.p., 18 Dec. 2008. Web. 03 May
The case being presented is the Kahkewistahaw First Nation v. Taypotat, which is a 2015 Supreme Court of Canada decision. The Kahkewistahaw First Nation developed an election code, which required that candidates who wished to be a Band Councilor or Chief must have achieved at least a grade 12 education (CanLII, 2015). The Chief for the majority of the previous three decades (27 years), 76 year old Louis Taypotat, had only attained a grade 10 education, which caused him to be disqualified from candidacy (CanLII, 2015). Taypotat opposed the process of the development of the election code, his disqualification, and the constitutionality of the election requirement (CanLII, 2015). His main argument was that the requirement for a candidate to possess a Grade 12 education violated section 15(1) of the Canadian Charter of Rights and Freedoms which states that, “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability”, and that educational attainment is analogous to race and age (Canadian Charter of Rights
R/s on June 23rd, Kevon (paramour) slapped Wesley (6) on his right, cheek and struck him in head. R/s Kevon pushed Denyelle and continue to hit again and she fell to ground. R/s Denyelle allowed Kevon back in the home on June 24th, and was he given a trespassing notice. R/s Kevon was arrested on 06/27/2016 and charged with Domestic violence, malicious injury, and trespassing. R/s Denyelle is four to five months pregnant.
The Chaoulli Case, 2005, Chaoulli v Quebec, Jacques Chaoulli and George Zeliotis, (Appellants) v Attorney General of Quebec and Attorney General of Canada. (Respondents)
REPORTER: The reporter/ therapist (Janet) called with concerns for the victims, Adam and Tierra. According to the reporter, in the past, Adam and his cousin (Tierra) were wrestling and ticking, and Adam touched her inappropriately in the genitals. It is unknown when the incident occurred, but the incident was reported, per the reporter. The reporter said Lexi was visiting her father (Jason) from Alabama. Lexi lives in Alabama with her mother (unknown). Last weekend, Adam went into the room were Lexi was, and she was under the covers. Adam picked the sheets up and had thoughts about touching her but he didn’t because someone walked into the room. The reporter said Lexi was not touched by Adam, and she had on clothing. Lexi was not listed as
case can go t the Supreme Court.This paper will also identify the merits of a case that can lead to
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