CRIM 1160

Considered an "incident of custody" and means that a non-custodial parent may have visiting contact rights with the child

• "The Evil Act"
• Key component of conviction for any criminal offence
• Actus Reus and Mens Rea must conincide at the time of the offence for conviction

A form of public law that obligates the state to act fairly in the practice of government

Bodies empowered by the government to make decisions that range purely non-discretionary decisions

Such as, applying the regulations or definitions of a particular statute, or quasi-judical decisions, such as determining questions of fact or law

The system that suggests "the truth" is most likely to emerge from strong advocacy for opposing points of view

Sections of the Constitution Act, 1982 that all for changes to that legistlation

Perspective that emphasizes the role of an oppressive and intrusive state as central to the understanding social life.

An LL.B's graduate's period of learning in a legal setting and further series of tets referred to as Bar Admissions

Latin maxim that means "hear the other side".

This rule requires parties to have a fair hearing

A legistlative body consisting of two houses that jointly enact laws for a country.

Authoratative texts or commentaries on the meaning and development of specific forms of law and their applicable principles

• British statute that created Canada by politically joining Upper and Lower Canada
• (Now Quebec and Ontario) with Nova Scotia and New Brunswick.
• Granmted constitutional powers to the duly elected representatives

Arguably the precursor to the Canadian Charter of Rights and Freedoms, the Bill of Rights was a federal statute without the status of a constitutional document

An entrenched charter of rights and freedoms that require Canada's courts to strike down all federal, provincial, and municipal legistlation that failt to conform to it

Created by Parliament in 1971, its statutory mandate is to set out the Judges Act, which states that the council is established to "promote efficiency and uniformity, and to improve the quality of judicial service"

Judicially constructed law-law that is established by decisions in specific court cases, with decisions of the Supreme Court of Canada established as final case law

• Determination of which parent is best to have custody of child/ren.
• "best interests of the child"

The obligation if a parent to contribute to the best of his or her financial ability to the care and costs of raising his or her children

A statutoraly defined term that means a relationship between two people who, although legally not married, co-habitated in a marriage-like relationship

• Also known as alternative dispute resolution
• this new model for deciding disputes has been developed by communities and the legal profession as an option for court process
• Most common forms are mediation and arbitration

• A form of conflict resolution
• A negotiated settlement between the disputing parties

• A type of conflict resolution
• Has a non-judicial officer determine how the issue in dispute between two parties should be resolved

A defence to allegations that intentional tort has been committed; can also be used as a defence in criminal law

A constitutional enactment, in 1982, that gave lide to the Canadian Constituion as a legal criterion of Canada itself

The British statute that divided Canada into Upper and Lower Canada

The rules that define and interpret the powers of federal and provincial governments

a partial defence for a defendent in a negligence action when it can be shown that the plaintiff was partially responsible for the harm sufferred

Legistlation passed in 1997 as an update and relatively minor revision of the Narcotic Control Act

In a criminal law context refers to the determination by a court that person is responsible for or "guilty" of the crime accussed of

The Federal Statute, first enacted in 1982, which sets out most public crimes (assault, murder, criminal negligence) and their penalties

A source of law that derives from the practices and patterns of behaviour through which society has come to order itself

Used by the accused to demonstrate that they were not criminally responsible for the crime that they committed, or they had diminished responsibility

The person against whom a private law proceeding has been brought as well as the term used for the person who is charged in criminal law

In the context of administrative law, the term for the transfer by federal Parliament and provincial legistlatures of some of their legislative duties to non-elected officials

The doctrine or theory of history espoused by Marxism.

In ancient Greek "dialectic" means dialouge or conversation

A petition under federal jurisdiction for the dissolution of a marriage

an extension of the principle of natural justice, which requires administrative tribunals to act with both substantive and procedural fairness to all parties

the law of a single nation-state, which is different from the domestic laws of other nations

although theoretically seperate, the two latin maxims essentially make the same point: the meaning of an ambiguous word or phrase within a statute is to be inferred from which the context in which it appears

Latin for "an action does not occur (or arise) for a base (or illegal) cause"

Latin maxim requiring that the express mention of one class of subjects necessarily excludes anopther class of subjects

• Composed of:
• Federal court: Trial division
• Federal Court: Appeal Division

a theory that places the subjugation of women and denial of the equality of women as central foci of centuries of lawmaking

the political and economic systemof England that granted the aristocracy nobility and land in exchange for the labour and military service of serfs or vassals on the land

The rule of statutory interpretation that softens the impact of the plain meaning rule, requiring that although the ordinary sense of words is to be adhered to, that ordinary sense may be modified if it it necessarily leads to an absurdity or incongruity within the statute

The offical report of the proceedings of Parliament

Crimes in the CC for which the crown attorney may decide whether to proceed by summary conviction or indictment

Those crimes in the CC that are considered to be very serious and carry substantial penalties

A word that refers to a situation in which the law or legal system treats someone or something unfairly

A legal system that places it's confidence in the judge or arbitrator, who is required to ask relevent questions in an effort to determine truth in the matter

torts that occur as a result of a wrongdoer intentionally harming another physically or mentally

A constitutionally permitted process whereby the federal government may dlegate its powers to a provincially appinted tribunal; commission, or board.

A form of law mediated by international institutions such as the United Nations

Latin for "within the power of"

The process whereby a court considers whether decisions of administrative tribunals were properly made or ultra vires the jurisdiction of the tribunal

A panel of one's "peers" that is representative for fact finding or determining the truth or falseness of facts in evidence

Term derived from the Roman term "justicia" which means "to give each man his due"

doctrine that the free markey functions to the greatest  good when left unfettered and unregulated by the government

the term used to refer to Faculties of Law at the specific universities

Provincial associations (can be subsets of the bar) that license lawyers to practice in each province

an approach to law that takes account not only of doctrinal developments, but also the social, political, and economic bases of specific law

Latin for "an unjust law, is no law at all"

what the court decides in a private law action

Sections 1 of the Charter is often referred to as the "limitations" clause because it states that not all the rights garaunteed in the charter are absolute but are rather subject to "reasonable limits prescribed by law"

Bachelor of las degree granbted from a law school in recognition that its holder completed a university-mandated legal education

Law School Admission Test

An aptitude test developed in the US as a means of determining suitability for legal education and the practice of law

A document attributed to King John of England in 1215 wherein he legally specified that royal powers were not aboslute, ceding some power of his barons to change some of his decisions

The legal definition of marriage currently applies only to state-registered heterosexual unions, though there remains to be considerable debate both within and outside the homosexual community

The theory that espouses the notion that law is created from an irreconcilable conflict between labour  and capital

Part of a multi-pronged attempt to bring Quebec into the constitutional fold, after the provinces refusal to sign the constitution act in 1982

Latin for "evil mind"

Written and unwritten rules and procedures to be followed by an person charges with the duty of adjucating disputes

a theory that has its roots in Judeo-Christian conceptions of social life

A person or legal entity will be found to be negligent when his, he, or its conduct falls below the standard expected of the reasonable person in the specific circumstances in question, and when damages are incurred as a result of this negligence

abbrevation of Latin maxim means "that no person should act as a judge on his own behalf"

• Section 33 of the Charter
• allows legistalture to enact laws that specifically "override" the rights and freedoms in the charter by stating that the legistlation will operate even though it could or does infringe constitutional rights

there shall be no penalty without valid law

• rule of Canadian constitutional interpretation first established by the Supreme court of Cnada.
• requires that the court apply a two-[part test of central importance and proportionality before allowing a validly enacted federal or provincial statute infringe on a right or freedom in the Charter

an element of mens rea that is applied in certain cases and determines whether a reasonable person would have expected a criminal deed to flow from the defendent actions

the doctrine that Parliament is the supreme lawmaker and no person or body has the legal right to override

term used to refer to a country assuming complete control of it's own constitution

the rule of statutory interpretation that dictates and ambiguous section of a statute to be read in accordance with its literal meaning

person who has been harmed by the actions of another and commences lawsuit to undo wrong

theory that law can be understood as a valid set of rules

"judgement or decision of a court of law cited as an authority for deciding a similar set of facts" serves as a legal principle embodied in it's decision

an area of law that responds to matters that are primarily of private interests; not so much intrest of collective more about about various economic relations among individuals and their legal creations

sets out the process, formalities, or mechanisms for enforcing the law

The first stop in the hierarchy of Canada's court system.

• The trial courts of the province have FOUR divisions:
• 1) Criminal
• 2) Youth
• 3) Small claims
• 4) Family

An area of law that is primarily concerned with the public interest and the regulation of matters of collective rather than individual interest

Damages that are awarded in tort beyond what is necessary to compensate an individual or a legal entity for losses sustained and for pain and suffering

Statute passed by the British Parliament in 1774 that provided for the right of Roman Catholics to participate in government and the use of French in civil law

A fictional character who exists in private law and who decides whether explanations offered by the wrongdoer are rational

Models of dispute resolution, such as sentencing circles, that can apply to Aboriginal populations and are said to more accurately reflect the participant's interpretations of justice than those imposed through the British based Canadian legal system

The treaty of Paris, signed in 1763, ended the Seven Years' War between the French (and its allies) and the British (and its allies).

The rule that states that the intention of a statute is to be derived from an understanding of the "mischief" that the law aims to correct

"mischief rule"

The two sections of Canada's constitution that define the areas of jurisdiction where the provinces can enact law

The task of imposing a penalty for a crime

A term used in both federal and provincial law referring to the period after a couple determines that they will no longer live together as partners.

A term usually attributed to Jean-Jacques Rousseau, who in 1762 wrote Social Contract or Political Right, in which he states "The problem is to find a form of association which will defined and protect with whole common force the person and goods of each associate, and in which each, while uniting himself with all, may still obey himself alone, and remains as free as before"

The supreme authority in an independent political society.

The provision of support for a spouse in the event of marriage breakdown

As a result of the passage of Bill C-38, a spouse may be a man and a woman who are married to each other or a couple of the same sex

derives its title from the Court of Star Chamber, which from 1487 to 1640 sat in camera (privately) and handed down legal and often arbitrary decisions that were not open to scrutiny by the public

to stand by decided things

Law is enacted by duly elected legislatures, whether federal or provincial

Offences that arise from the breach of regulatory or public welfare statutes and that do not typically lead to incarceration; nor is intent a necessary element of the offence

An element of mens rea that asks the question whether the defendant expected that a criminal deed would result from his or her actions

• The actual law, as opposed to adjectival or procedural law.
• Substantive sets out specific penalties for specific kind of conduct by the public that is prohibited by statute

A woman in Britain, Canada, or the US in the early for twentieth century who was a member of a group that demanded voting rights for woman and who increased awareness of the matter with a series of public protests

Crimes specified in the Criminal Code that are considered less serious

• There are two divisions within the superior courts of the provinces:
• 1) Trial Division
• 2)Appeal Division

The court of last resort in our country since 1949; the Supreme Court has nine justices and hears appeals

A private wrong (as opposed to crime, which is a public wrong punishable by the state)

"beyond the power"