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LIBRARY\LAW.XLS |
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|
Law
References in the General Amherst Library |
|
Law
Resources |
Issue |
Date |
Topics |
|
Background
Paper, Lib of Parliament |
BP-285E |
Jan-92 |
WRONGFUL
CONVICTIONS IN THE CRIMINAL JUSTICE SYSTEM |
|
Background
Paper, Lib of Parliament |
BP-289E |
Mar-92 |
OBSCENITY:
THE DECISION OF THE SUPREME COURT OF CANADA IN R. v. |
|
Background
Paper, Lib of Parliament |
BP-279E |
Sep-92 |
HUMAN
RIGHTS AND THE COURTS IN |
|
Background
Paper, Lib of Parliament |
BP-314E |
Oct-92 |
CRIME AND
PREVENTION IN |
|
Background
Paper, Lib of Parliament |
BP-322E |
Feb-93 |
THE LAW OF
THE SEA CONVENTION |
|
Background
Paper, Lib of Parliament |
BP-336E |
Mar-93 |
ANTI-STALKING
LAWS: THE UNITED STATES AND CANADIAN EXPERIENCE |
|
Background
Paper, Lib of Parliament |
BP-348E |
Oct-93 |
MURDERER'S
PAROLE ELIGIBLITY: JUDICIAL REVIEW |
|
Current
Issue Review, Lib of Parliament |
85-6e |
Jan-93 |
HATE
PROPAGANDA |
|
Current
Issue Review, Lib of Parliament |
91-8e |
Mar-93 |
CRIMINAL
TRIAL AND PUNISHMENT: PROTECTION OF RIGHTS UNDER THE CHARTER |
|
Current
Issue Review, Lib of Parliament |
92-1e |
Oct-93 |
SEXUAL
ORIENTATION AND LEGAL RIGHTS |
|
Current
Issue Review, Lib of Parliament |
86-13e |
Nov-93 |
THE YOUNG
OFFENDERS ACT |
|
Current
Issue Review, Lib of Parliament |
91-7e |
Nov-93 |
SEARCH,
SIEZURE AND ARREST UNDER THE CHARTER |
|
Decisis |
191 |
Sep-99 |
A non-English
speaking person must understand that the right to counsel means the right to
choose your own lawyer. |
|
Decisis |
191 |
Sep-99 |
The secret
recoding of an accused's voice violates the
Charter. |
|
Decisis |
191 |
Sep-99 |
The
Canadian Charter of Rights and freedoms cannot be applied in foreign jurisdiction. |
|
Decisis |
191 |
Sep-99 |
School
authorities may search students without a warrant to maintain security. |
|
Decisis |
191 |
Sep-99 |
Specific
knowledge of the employer's customers is confidential information. |
|
Decisis |
191 |
Sep-99 |
Employers
are vicariously liable for torts committed by employees within the scope of
employment even if the employer could not have foreseen the tort. |
|
Decisis |
191 |
Sep-99 |
Employers
must firmly enforce harassment policies. |
|
Decisis |
191 |
Sep-99 |
An employer
may be liable for injury caused by employees being overworked. |
|
Decisis |
191 |
Sep-99 |
Spoliation
- the destruction of evidence - may create a presumption of liability. |
|
Decisis |
191 |
Sep-99 |
Is a
person closely connected to the victim of the authorities a "person in
authority"? |
|
Decisis |
195 |
Jan-00 |
Evidence
obtained in one investigation may be used in a second investigation. |
|
Decisis |
195 |
Jan-00 |
The
hearsay exclusions rule may not apply to the evidence of Children. |
|
Decisis |
195 |
Jan-00 |
Police may
use limited subterfuge to obtain a confession from an accused. |
|
Decisis |
195 |
Jan-00 |
Police
actions during a riot must be judged on a subjective basis |
|
Decisis |
195 |
Jan-00 |
Employees
cannot voice public concerns through a union grievance. |
|
Decisis |
195 |
Jan-00 |
A bank has
a duty to its customers to be alert for possible abuse. |
|
Decisis |
195 |
Jan-00 |
Family law
legislation must include gays and lesbians as spouses. |
|
Decisis |
195 |
Jan-00 |
Denial of
automatic citizenship may be discrimination. |
|
Decisis |
199 |
May-00 |
The battle
over judicial activism |
|
Decisis |
199 |
May-00 |
Gun owners
must consider the unpredictable nature of children |
|
Decisis |
199 |
May-00 |
The
standard for first degree murder is the substantial cause test |
|
Decisis |
199 |
May-00 |
A search
is not justified by an odour alone |
|
Decisis |
199 |
May-00 |
Section 23
of the Charter requires minority education where numbers warrant |
|
Decisis |
199 |
May-00 |
A
government must defend any blanket denial of rights or benefits |
|
Decisis |
199 |
May-00 |
A class
action suit must be based upon a common ground of complaint |
|
Decisis |
199 |
May-00 |
Is a
person who voluntarily takes a polygraph test under detention |
|
Decisis |
199 |
May-00 |
A
defendant does not waive confidentiality by using a company computer |
|
Decisis |
200 |
Jun-00 |
A juror
with reasonable doubt need not evaluate the reasons for that doubt |
|
Decisis |
200 |
Jun-00 |
Police may
make a visual inspection of vehicles in a public place |
|
Decisis |
200 |
Jun-00 |
Mandatory
provincial reports are not admissible in a criminal case |
|
Decisis |
200 |
Jun-00 |
Criminal
harassment includes a pattern of abusive behaviour |
|
Decisis |
200 |
Jun-00 |
There is
no copyright in oral statements of speeches |
|
Decisis |
200 |
Jun-00 |
Failure to
control a police dog is negligence on the part of the officer |
|
Decisis |
200 |
Jun-00 |
Under |
|
Decisis |
200 |
Jun-00 |
A child's
surname is the exclusive decision of the child's mother |
|
Decisis |
200 |
Jun-00 |
Lawyers
are not immune from lawsuits for negligence in conducting a criminal case |
|
Decisis |
203 |
Nov-00 |
National Identification
Cards: Is publicity better than
privacy? |
|
Decisis |
203 |
Nov-00 |
Constitutional
Powers: The courts should give wide
latitude to local governments. |
|
Decisis |
203 |
Nov-00 |
Contracts: The holder of a lottery ticket is a constructive
trustee on behalf of a partner. |
|
Decisis |
203 |
Nov-00 |
Controlled
Drugs: The Crown cannot deny the
medical use of marijuana. |
|
Decisis |
203 |
Nov-00 |
Discrimination: A person is not stigmatized by failing to
qualify for a government benefit. |
|
Decisis |
203 |
Nov-00 |
Libel: Libel may be established by innuendo. |
|
Decisis |
203 |
Nov-00 |
Search and
Seizure: Police may search a lawyer's
office and seize files. |
|
Decisis |
203 |
Nov-00 |
Torts: Failure to comply with a by-law is not
grounds for tort action. |
|
Decisis |
203 |
Nov-00 |
Sexual
Exploitation: Does a position of trust
and authority end when a person leaves a particular institution? |
|
Decisis |
208 |
Apr-01 |
Defense of
Necessity: R. v. Latimer, Necessity is
not a defense to murder. |
|
Decisis |
208 |
Apr-01 |
Discrimination: Discrimination may be aimed at a single
individual. |
|
Decisis |
208 |
Apr-01 |
Equality
Rights: Customs officers may not
discriminate against print material intended for the gay and lesbian
community. |
|
Decisis |
208 |
Apr-01 |
Evidence: The examination by the Crown's medical
expert is limited to determining fitness to stand trial. |
|
Decisis |
208 |
Apr-01 |
Police
Powers: Brief detention is permissible
depending upon the time of night and location. |
|
Decisis |
225 |
Jan-03 |
Criminal
Law: The causes of crime. |
|
Decisis |
225 |
Jan-03 |
Criminal
Harassment: The basic ingredient of criminal harassment is to instill fear
and intimidation in the victim |
|
Decisis |
225 |
Jan-03 |
International
Law: Foreign governments have blanket immunity against civil lawsuits. |
|
Decisis |
225 |
Jan-03 |
Negligence:
A surgeon may be liable if a properly performed procedure has a bad result. |
|
Decisis |
225 |
Jan-03 |
Real
Property: The rule of buyer beware applies to the
purchase of a previously occupied house. |
|
Decisis |
225 |
Jan-03 |
Search and
Seizure: The search of a law office infringes the principle of solicitor-client
privilege. |
|
Decisis |
225 |
Jan-03 |
Firearms:
Is it an offence to sell a starter pistol that can be easily converted into a
working firearm? |
|
Decisis |
226 |
Feb-03 |
Bail: A
person may be denied bail if his or her release would undermine confidence in
the administration of justice. |
|
Decisis |
226 |
Feb-03 |
Breach of
Trust: A conviction for conferring a benefit may be entered even if the
elected official doesn't know he received the benefit. |
|
Decisis |
226 |
Feb-03 |
Constitutional
Law: Where two laws regulate the same activity, neither is unconstitutional
unless it is impossible to comply with both. |
|
Decisis |
226 |
Feb-03 |
Freedom of
Religion: An employer must show that it cannot accommodate the religious
needs of employees. |
|
Decisis |
226 |
Feb-03 |
Murder:
The men rea of suicide cannot be transferred to the
crime of murder. |
|
Decisis |
226 |
Feb-03 |
Search and
Seizure: Police may arrest without warrant and search in urgent situations to
preserve evidence |
|
Decisis |
226 |
Feb-03 |
Theft: If
a person fails to return a vehicle taken for a test drive, does this
constitute theft? |
|
Decisis |
227 |
Mar-03 |
Charter of
Rights: Denying prison inmates the
right to vote violates the Charter. |
|
Decisis |
227 |
Mar-03 |
Defamation: An opinion that appears to be defamatory
may still be protected as long as that opinion is honestly held. |
|
Decisis |
227 |
Mar-03 |
Discrimination: Discrimination on the basis of marital or
family status may be directed at one person. |
|
Decisis |
227 |
Mar-03 |
Family Law
Office: A marriage contract may be set
aside by the court if the terms are unfair. |
|
Decisis |
227 |
Mar-03 |
Search and
Seizure: Where police secretly
videotape a suspect without a warrant, is the evidence admissible? |
|
Decisis |
228 |
Apr-03 |
School
boards may not exclude books that depict same-sex families on the ground of
age-appropriateness |
|
Decisis |
228 |
Apr-03 |
An
articling law student is not an employee |
|
Decisis |
228 |
Apr-03 |
Evidence:
There is no blanket protection against self-incrimination |
|
Decisis |
228 |
Apr-03 |
Family:
Provincial law may treat married and unmarried couples differently |
|
Decisis |
228 |
Apr-03 |
Patents:
Altering a life form such as a mouse in not an invention and cannot be
patented |
|
Decisis |
228 |
Apr-03 |
Search and
Seizure: An accused may be searched after a lawful arrest by store security
personnel |
|
Decisis |
228 |
Apr-03 |
Negligence:
If a person is inured using in-line skates, is the store that rented the
skates liable? |
|
Decisis |
229 |
May-03 |
Discrimination:
There is no constitutional right to welfare or to an adequate standard of
living. |
|
Decisis |
229 |
May-03 |
Discrimination:
Discrimination on the basis of marital status may include being married to a
particular person. |
|
Decisis |
229 |
May-03 |
Freedom of
Expression: The government may refuse to release information about an
individual for reasons of national security. |
|
Decisis |
229 |
May-03 |
Freedom of
Expression: The Code of Professional Conduct regarding a teacher's comments
about other teachers does not apply if the teacher is acting as a parent. |
|
Decisis |
229 |
May-03 |
Procedure:
The trial judge may allow defense counsel to make his of her opening statement
immediately after the crown has opened. |
|
Decisis |
229 |
May-03 |
Impaired
Driving: If a driver realizes that a drug has caused impairment and stops his
or her vehicle, is this a defense to impaired
driving? |
|
Decisis |
230 |
Jun-03 |
Bill of
Rights: A government agency may not
act as investigator and judge. |
|
Decisis |
230 |
Jun-03 |
False
Arrest: Store security offices may detain a person reasonably believed to
have left the store without paying for goods. |
|
Decisis |
230 |
Jun-03 |
Parties to
an Offence: Selling information that may assist a person to commit a crime is
not counseling. |
|
Decisis |
230 |
Jun-03 |
Sentencing:
Sentences for black offenders may be reduced to reflect systematic racism. |
|
Decisis |
230 |
Jun-03 |
Evidence:
Is evidence admissible if police wiretap a police station examining room
where an accused is talking with his parents? |
|
Decisis |
231 |
Sep-03 |
Constitutional
Law: Are the courts taxing the people? |
|
Decisis |
231 |
Sep-03 |
Administration
Of Justice: Racial profiling may be
subconscious and is a relevant issue in a criminal case. |
|
Decisis |
231 |
Sep-03 |
Family
Law: Separation agreements should be respected unless they are patently
unfair and do not comply with the objectives of the Divorce Act. |
|
Decisis |
231 |
Sep-03 |
Police
Powers: A person is not compelled by law to provide information to the police
unless there is a statutory duty to do so. |
|
Decisis |
231 |
Sep-03 |
Controlled
Drugs: If a police officer conducts a reverse sting operation without express
authority, is the evidence admissible? |
|
Decisis |
222 |
Oct-03 |
Charter of
Rights: Section 43 of the Criminal Code (corporal punishment of children)
does not violate the Charter. |
|
Decisis |
222 |
Oct-03 |
Charter of
Rights: Police must preserve all relevant evidence pertaining to a charge. |
|
Decisis |
222 |
Oct-03 |
Defenses
(Criminal): The trial judge should not allow a jury to consider a defense
that has no air of reality. |
|
Decisis |
222 |
Oct-03 |
Freedom of
Expression: Commercial advertising by the use of billboards is a protected
form of expression under the Charter. |
|
Decisis |
222 |
Oct-03 |
Torts:
Parents are not automatically financially liable for their children's
criminal acts. |
|
Decisis |
232 |
Oct-03 |
Arrest: A
Citizen may use reasonable force to both arrest and detain a trespasser |
|
Decisis |
232 |
Oct-03 |
Defenses: Officially induced error requires that a
government official issued a legal opinion that was reasonably relied upon. |
|
Decisis |
232 |
Oct-03 |
Family
Lay: A cohabitation agreement cannot
be set aside only on the grounds that its operation is causing hardship. |
|
Decisis |
232 |
Oct-03 |
Freedom of
Expression: Abortion is a legal
medical procedure and a province may restrict protest near abortion clinics. |
|
Decisis |
232 |
Oct-03 |
Mental
Competence: The Crown may order medical treatment of a young person if the
young person is incompetent to consent. |
|
Decisis |
232 |
Oct-03 |
False
Alarm: If a person falsely reports
that he is suicidal, can he be convicted of conveying a false alarm? |
|
Decisis |
223 |
Nov-03 |
Evidence: Similar fact evidence is inadmissible if it
is too prejudicial to the accused |
|
Decisis |
223 |
Nov-03 |
Fiduciary
Duty: Business partners owe a
fiduciary duty to one another. |
|
Decisis |
223 |
Nov-03 |
Motor
Vehicles: the owner of a vehicle has a duty to determine if a person
borrowing it has a valid driver's permit. |
|
Decisis |
223 |
Nov-03 |
Procedure
(Criminal): The solicitor-client privilege may be overruled if the accused's innocence is at stake. |
|
Decisis |
223 |
Nov-03 |
Uttering a
Threat: The offence of uttering a threat does not require proof that the
accused intended to carry out the threat. |
|
Decisis |
223 |
Nov-03 |
Insurance:
Must an insurance company pay for a stolen vehicle that was stolen again? |
|
Decisis |
233 |
Nov-03 |
Homicide:
Who Abolished Murder? |
|
Decisis |
233 |
Nov-03 |
Assault:
The actus |
|
Decisis |
233 |
Nov-03 |
Evidence:
The jury may reject psychiatric evidence that the accused was not criminally
responsible if other evidence contradicts it. |
|
Decisis |
233 |
Nov-03 |
Family
Law: A mother does not have the sole power to name her child when she
arbitrarily refuses to acknowledge the father. |
|
Decisis |
233 |
Nov-03 |
Search and
Seizure: The police may not seize the contents of a locker without a warrant
even though they have information as to what the locker contains. |
|
Decisis |
233 |
Nov-03 |
Obstruction:
Is a police officer guilty of obstruction if he removes evidence that
implicates his son in a possible offence? |
|
Decisis |
224 |
Dec-03 |
Evidence:
Police may seize and test material voluntarily disposed of by an accused. |
|
Decisis |
224 |
Dec-03 |
Firearms:
The actus |
|
Decisis |
224 |
Dec-03 |
Labour:
Minor incidents of dishonesty are not grounds to fire an employee. |
|
Decisis |
224 |
Dec-03 |
Procedure
(Criminal): Beyond a reasonable doubt is a legal term, not an everyday,
ordinary expression. |
|
Decisis |
224 |
Dec-03 |
Right to
Counsel: Once an arrested person has requested counsel, the police must not
interrogate the person until that Charter right has been met. |
|
Decisis |
224 |
Dec-03 |
Parties to
an Offence: Is mere presence in a stolen vehicle proof of vehicular theft? |
|
Decisis |
234 |
Dec-03 |
Administration
of Justice: Court filing fees do not violate the Charter |
|
Decisis |
234 |
Dec-03 |
Constitution:
The federal government may deprive people of property without compensation. |
|
Decisis |
234 |
Dec-03 |
Contracts:
Employment for live must be worded in the clearest of terms. |
|
Decisis |
234 |
Dec-03 |
Democratic
Rights: Refusal to register small political parties violate
the Charter. |
|
Decisis |
234 |
Dec-03 |
Evidence:
Evidence of a false alibi is not proof of guilt. |
|
Decisis |
234 |
Dec-03 |
Fiduciary
Duty: Employers are not automatically liable for the misconduct of employees. |
|
Decisis |
234 |
Dec-03 |
Health
Care Consent: Health care may be ordered for a patient incapable of giving
consent. |
|
Decisis |
234 |
Dec-03 |
Labour:
Human rights laws apply to all collective agreements. |
|
Decisis |
234 |
Dec-03 |
Search and
Seizure: Police may seize illegal firearms in plain view. |
|
Decisis |
234 |
Dec-03 |
Contracts:
Is an oral guarantee that a business venture will succeed enforceable? |
|
Decisis |
241 |
Sep-04 |
Constitution:
A municipality must give reasons for refusing a zoning change. |
|
Decisis |
241 |
Sep-04 |
Defamation:
An article naming a specific health problem must not misquote a public
official. |
|
Decisis |
241 |
Sep-04 |
Defenses:
The trial judge must put to the jury any defenses which the jury might
reasonable accept. |
|
Decisis |
241 |
Sep-04 |
Environment:
A government is the public trustee of natural wilderness and may sue polluters. |
|
Decisis |
241 |
Sep-04 |
Parents:
An altered gene may be patented. |
|
Decisis |
242 |
Oct-04 |
Administrative:
A law society is not immune from civil action for failure to act. |
|
Decisis |
242 |
Oct-04 |
Freedom of
Religion: The court may consider only if a claimant is sincere in his or her
religious beliefs. |
|
Decisis |
242 |
Oct-04 |
Search and
Seizure: The Highway Traffic Act does not authorize the search of a vehicle
after a minor traffic accident. |
|
Decisis |
242 |
Oct-04 |
Search and
Seizure: Detention does not authorize an extended search unless there is a
security threat to the officer. |
|
Decisis |
242 |
Oct-04 |
Sentencing:
Those who are economically disadvantaged should not receive lenient
sentences. |
|
Decisis |
242 |
Oct-04 |
Weapons: A
prison inmate may arm himself to defend against an imminent assault. |
|
Decisis |
242 |
Oct-04 |
Arrest and
Detention: Is it a defense to impaired driving that the police questioned the
motorist before advising him of his Charter rights? |
|
Decisis |
247 |
Mar-05 |
Charter of
Rights: A mandatory firearms prohibition does not violate the Charter. |
|
Decisis |
247 |
Mar-05 |
Charter of
Rights: The denial of health care to women in a private clinic violates the
Charter. |
|
Decisis |
247 |
Mar-05 |
Impaired
Driving: Once police know the identity of a suspect, a warrant is required to
make an arrest in a private dwelling. |
|
Decisis |
247 |
Mar-05 |
Sentencing:
If the accused pleads guilty to a charge, some sentence must be awarded. |
|
Decisis |
247 |
Mar-05 |
Confessions:
Is a statement made to an undercover police officer a made to a person in
authority if the accused does not know the person is an officer? |
|
Decisis |
248 |
Apr-05 |
Assault: Police
department is civil liable if excessive force is used when executing a search
warrant. |
|
Decisis |
248 |
Apr-05 |
Obstructions
of Justice: A senior police officer may be convicted of obstruction for
interfering in an investigation for political reasons. |
|
Decisis |
248 |
Apr-05 |
Search and
Seizure: The charge of possession of the proceeds of crime requires evidence
of what that crime was. |
|
Decisis |
248 |
Apr-05 |
Criminal Harassment:
Is a statement that contains a vague reference regarding possible violence
criminal harassment? |
|
Decisis |
251 |
Sep-05 |
Criminal Procedure:
Is the Right to Silence Obsolete? Part 1 |
|
Decisis |
251 |
Sep-05 |
Charter of
Rights: Delays in public health care violate the Charter of rights of
citizens. |
|
Decisis |
251 |
Sep-05 |
Impaired
Driving: Police may conduct roadside screening tests even if not authorized
by statue. |
|
Decisis |
251 |
Sep-05 |
Native
People: The 1760 treaty with the Mi'kmaq people did
not establish a right to commercially cut timber. |
|
Decisis |
251 |
Sep-05 |
Insurance:
Is a person who is hunting from a parked truck putting the vehicle to normal
use? |
|
Decisis |
252 |
Oct-05 |
Arrest and
Detention: A private security guard may detain a person for reasons of public
safety. |
|
Decisis |
252 |
Oct-05 |
Defenses:
Provocation may reduce murder to manslaughter. The provocation must be sudden and fall
upon an unprepared mind. |
|
Decisis |
252 |
Oct-05 |
Occupiers'
Liability: The occupier of land does not insure of guarantee the safety of
all persons who enter. |
|
Decisis |
252 |
Oct-05 |
Parties to
an Offence: Promoting criminal conduct through the Internet is counseling an
offence. |
|
Decisis |
252 |
Oct-05 |
Parties to
an Offence: Does a person cause death by falsely casting blame of a theft
upon an innocent victim who is subsequently killed in revenge? |
|
Decisis |
253 |
Nov-05 |
Criminal
Procedure: Is the Tight to Silence Obsolete? Part 2 |
|
Decisis |
253 |
Nov-05 |
Freedom of
Expression: Prohibiting teachers from distributing information regarding
class sizes violates the teachers' freedom of expression. |
|
Decisis |
253 |
Nov-05 |
Parties to
an Offence: Helping a person to make a false financial application is
criminal counseling. |
|
Decisis |
253 |
Nov-05 |
Search and
Seizure: There is no blanket power to search a vehicle subsequent to an
arrest on an unrelated charge. |
|
Decisis |
253 |
Nov-05 |
Evidence:
Is the length of time a person was in side a residence circumstantial
evidence of sexual assault? |
|
Decisis |
254 |
Dec-05 |
Arrest and
Detention: If a vehicle is lawfully searched, the police may arrest a
passenger. |
|
Decisis |
254 |
Dec-05 |
Civil
Procedure: A provincial government may enact legislation authorizing a civil
suit against specific defendants. |
|
Decisis |
254 |
Dec-05 |
Economic
Interference: Interfering with the hiring of a person by another company is
actionable. |
|
Decisis |
254 |
Dec-05 |
Evidence:
Post-offence conduct is not proof of guilt. |
|
Decisis |
254 |
Dec-05 |
Malicious
Prosecution: Police officers are duty bound to pursue criminal charges even
if there are inconsistent elements of the case. |
|
Decisis |
254 |
Dec-05 |
|
|
Decisis: Journal for Teachers of Canadian Law |
161 |
Sep-94 |
Publication
bans are outfoxed by computer networks and cause more harm than good |
|
Decisis: Journal for Teachers of Canadian Law |
161 |
Sep-94 |
A young
person should be urged to accept legal counsel and not rely upon a parent
before making a confession |
|
Decisis: Journal for Teachers of Canadian Law |
161 |
Sep-94 |
Defamation
should be judged upon what the listener believes was the intended message |
|
Decisis: Journal for Teachers of Canadian Law |
161 |
Sep-94 |
Aiding
a person to commit murder is manslaughter |
|
Decisis: Journal for Teachers of Canadian Law |
161 |
Sep-94 |
A
statement by a motorist about an accident cannot be used in a criminal
investigation |
|
Decisis: Journal for Teachers of Canadian Law |
161 |
Sep-94 |
An
employee who goes on a drinking binge is entitled to sick pay |
|
Decisis: Journal for Teachers of Canadian Law |
161 |
Sep-94 |
Flight
from the scene of a crime is not evidence of guilt |
|
Decisis: Journal for Teachers of Canadian Law |
161 |
Sep-94 |
A
government agency is liable for the negligent handling of an alleged abuse
case |
|
Decisis: Journal for Teachers of Canadian Law |
161 |
Sep-94 |
Is a
medical practitioner liable for not advising about a potentially fatal drug
overdose? |
|
Decisis: Journal for Teachers of Canadian Law |
162 |
Oct-94 |
Law in a
Nutshell: The Supreme Court and Impaired Driving Laws |
|
Decisis: Journal for Teachers of Canadian Law |
162 |
Oct-94 |
Breathalyzer
Law - A Model of Chaos |
|
Decisis: Journal for Teachers of Canadian Law |
162 |
Oct-94 |
The
driver of a motor vehicle is responsible to see that a young passenger wears
his seat belt |
|
Decisis: Journal for Teachers of Canadian Law |
162 |
Oct-94 |
A doctor
is liable for not reporting an unfit driver |
|
Decisis: Journal for Teachers of Canadian Law |
162 |
Oct-94 |
The
Charter does not apply to police departments outside of Canada |
|
Decisis: Journal for Teachers of Canadian Law |
162 |
Oct-94 |
The mens rea of fraud includes the
intent to misuse trust fund money |
|
Decisis: Journal for Teachers of Canadian Law |
162 |
Oct-94 |
The
Criminal Records Act does not prohibit publication of information that is of
public interest |
|
Decisis: Journal for Teachers of Canadian Law |
162 |
Oct-94 |
Can
police seize marijuana plants without a warrant if the plants were in plain
view |
|
Decisis: Journal for Teachers of Canadian Law |
163 |
Nov-94 |
Reliance
upon forensic evidence may be an unwise and misplaced trust |
|
Decisis: Journal for Teachers of Canadian Law |
163 |
Nov-94 |
The defense
of mental refined |
|
Decisis: Journal for Teachers of Canadian Law |
163 |
Nov-94 |
An
improper defense to a civil action is reason to impose punitive damages |
|
Decisis: Journal for Teachers of Canadian Law |
163 |
Nov-94 |
A
municipality has no constitutional power to effect a boycott of a company |
|
Decisis: Journal for Teachers of Canadian Law |
163 |
Nov-94 |
Charges
dismissed at a preliminary hearing cannot be raised again by indictment |
|
Decisis: Journal for Teachers of Canadian Law |
163 |
Nov-94 |
A
municipality is liable for cutting the access road of a business |
|
Decisis: Journal for Teachers of Canadian Law |
163 |
Nov-94 |
Refusal to
hire an obese person is not discrimination |
|
Decisis: Journal for Teachers of Canadian Law |
163 |
Nov-94 |
Is good
physical condition a bona fide job qualification? |
|
Decisis: Journal for Teachers of Canadian Law |
164 |
Dec-94 |
Judges are
turning multiculturalism into apartheid |
|
Decisis: Journal for Teachers of Canadian Law |
164 |
Dec-94 |
Government
policy decisions are exempt from civil liability |
|
Decisis: Journal for Teachers of Canadian Law |
164 |
Dec-94 |
Accountant
not liable to lender who relied on his statements |
|
Decisis: Journal for Teachers of Canadian Law |
164 |
Dec-94 |
Courts of
appeal cannot question prosecution strategy |
|
Decisis: Journal for Teachers of Canadian Law |
164 |
Dec-94 |
Evidence
of criminal character traits is not admissible |
|
Decisis: Journal for Teachers of Canadian Law |
164 |
Dec-94 |
Allowing
Sikh RCMP officers to wear turban does not violate the Charter |
|
Decisis: Journal for Teachers of Canadian Law |
164 |
Dec-94 |
A spouse
who did not receive independent legal advice is not liable for a loan
guarantee |
|
Decisis: Journal for Teachers of Canadian Law |
164 |
Dec-94 |
An
employer is liable for misrepresenting the nature of a professional position |
|
Decisis: Journal for Teachers of Canadian Law |
164 |
Dec-94 |
Lost
income awards should be reduced by living expenses |
|
Decisis: Journal for Teachers of Canadian Law |
164 |
Dec-94 |
Should
evidence be excluded if police use trickery to enter premises of accused's friends? |
|
Decisis: Journal for Teachers of Canadian Law |
165 |
Jan-95 |
The
Levy case shows a justice system
without compassion |
|
Decisis: Journal for Teachers of Canadian Law |
165 |
Jan-95 |
Accused is
competent if he knows he is making in inculpatory
statement |
|
Decisis: Journal for Teachers of Canadian Law |
165 |
Jan-95 |
Assault
victims failure to complain is not consent |
|
Decisis: Journal for Teachers of Canadian Law |
165 |
Jan-95 |
Pre-trial
assessment of dangerous offender admissible |
|
Decisis: Journal for Teachers of Canadian Law |
165 |
Jan-95 |
Compelling
objective evidence makes search lawful |
|
Decisis: Journal for Teachers of Canadian Law |
165 |
Jan-95 |
Employee
dismissed for drinking on the job |
|
Decisis: Journal for Teachers of Canadian Law |
165 |
Jan-95 |
Causal
connection test for spousal support rejected |
|
Decisis: Journal for Teachers of Canadian Law |
165 |
Jan-95 |
Utility
cannot collect for under billing |
|
Decisis: Journal for Teachers of Canadian Law |
165 |
Jan-95 |
Damage award
not reduced by private plan compensation |
|
Decisis: Journal for Teachers of Canadian Law |
165 |
Jan-95 |
Employer
liable for independent salesperson's fraud |
|
Decisis: Journal for Teachers of Canadian Law |
165 |
Jan-95 |
Mandatory
retirement violate the Human Rights Act |
|
Decisis: Journal for Teachers of Canadian Law |
165 |
Jan-95 |
Must a
husband support his wife after 10 years separation? |
|
Decisis: Journal for Teachers of Canadian Law |
166 |
Feb-95 |
It is time
to abandon the war on drugs as an abysmal failure |
|
Decisis: Journal for Teachers of Canadian Law |
166 |
Feb-95 |
Marked
departure test is not correct for impaired driving |
|
Decisis: Journal for Teachers of Canadian Law |
166 |
Feb-95 |
Vagrancy
law violate the Charter |
|
Decisis: Journal for Teachers of Canadian Law |
166 |
Feb-95 |
Teachers
of Jewish faith must be paid for Yom Kippur holiday |
|
Decisis: Journal for Teachers of Canadian Law |
166 |
Feb-95 |
Keeping a
firearm within reach is not careless storage |
|
Decisis: Journal for Teachers of Canadian Law |
166 |
Feb-95 |
Bank not
liable for forged cheques to a fictitious person |
|
Decisis: Journal for Teachers of Canadian Law |
166 |
Feb-95 |
Will
cannot exclude an independent, adult child |
|
Decisis: Journal for Teachers of Canadian Law |
166 |
Feb-95 |
Employer
cannot require an employee to work at home |
|
Decisis: Journal for Teachers of Canadian Law |
166 |
Feb-95 |
School
board is not liable for injuries to a football player |
|
Decisis: Journal for Teachers of Canadian Law |
166 |
Feb-95 |
Is it a
criminal offence to make a threat solely for the purpose of intimidation? |
|
Decisis: Journal for Teachers of Canadian Law |
167 |
Mar-95 |
Sentencing
is too important to be left to the judges |
|
Decisis: Journal for Teachers of Canadian Law |
167 |
Mar-95 |
A
campus security guard is not bound by the Charter |
|
Decisis: Journal for Teachers of Canadian Law |
167 |
Mar-95 |
The
Charter does not protect property rights |
|
Decisis: Journal for Teachers of Canadian Law |
167 |
Mar-95 |
An accused
is entitled to have all proceedings translated |
|
Decisis: Journal for Teachers of Canadian Law |
167 |
Mar-95 |
Notes made
by a surgeon after a failed operation are not privileged |
|
Decisis: Journal for Teachers of Canadian Law |
167 |
Mar-95 |
A search
warrant based upon a tip is defective |
|
Decisis: Journal for Teachers of Canadian Law |
167 |
Mar-95 |
Offering
indignity to an actual gravesite is an indignity to a deceased person |
|
Decisis: Journal for Teachers of Canadian Law |
167 |
Mar-95 |
Extreme
drunkenness is similar to automatism and is a defense to sexual assault |
|
Decisis: Journal for Teachers of Canadian Law |
167 |
Mar-95 |
Police
must inform accused they are investigating his role in more than one offence |
|
Decisis: Journal for Teachers of Canadian Law |
167 |
Mar-95 |
Is a
statement by the accused that he knew goods were stolen admissible? |
|
Decisis: Journal for Teachers of Canadian Law |
168 |
Apr-95 |
The Intoxilyzer 5000C is high tech. But is it reliable? |
|
Decisis: Journal for Teachers of Canadian Law |
168 |
Apr-95 |
No civil action
may be founded upon pleadings |
|
Decisis: Journal for Teachers of Canadian Law |
168 |
Apr-95 |
Child
support can be varied if the payor's income rises |
|
Decisis: Journal for Teachers of Canadian Law |
168 |
Apr-95 |
Jury must
be instructed upon the defense of intoxication |
|
Decisis: Journal for Teachers of Canadian Law |
168 |
Apr-95 |
A
financial advisor must disclose secret sources of income to a client |
|
Decisis: Journal for Teachers of Canadian Law |
168 |
Apr-95 |
A vehicle
operator is covered by a home insurance policy |
|
Decisis: Journal for Teachers of Canadian Law |
168 |
Apr-95 |
A soldier
must pass minimal physical requirements |