1 Osgoode Hall Law Journal Volume 2, Number 3 (April 1962) Article 8 Successive Applications for the Writ of Habeas Corpus Alan F. N. Poole Follow this and additional works at: Article Citation Information Poole, Alan F. N.. "Successive Applications for the Writ of Habeas Corpus." Osgoode Hall Law Journal 2.3 (1962) : This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons.
2 Successive Applications for the Writ of Habeas Corpus ALAN F. N. POOLE* Until comparatively recently an application for a writ of habeas corpus was considered to be a civil matter in that it concerned personal freedom. It has now been decided in both England and Canada that this is not always true. Important constitutional implications were shown to result from the distinction between civil and criminal matters in the case of in re Storgoff,l where a British Columbia statute providing for appeals in habeas corpus proceedings was held to be unconstitutional insofar as it applied to convictions under the Criminal Code. A "criminal matter" was defined by Viscount Cave L.C. in re Clifford and O'Sullivan, 2 where he said the case must involve the consideration of some charge of crime, that is to say, of an offence against the public law; and that charge must have been preferred or be about to be preferred before some court or judicial tribunal having or claiming jurisdiction to impose punishment for the offence or alleged offence. 3 In elaborating this, Viscount Simon L.C. said in Amand v. Home Secretary 4 It is the nature and character of the proceeding in which habeas corpus is sought which provides the test. If the matter is one the direct outcome of which may be the trial of the applicant and his possible punishment for an alleged offence by a court claiming jurisdiction to do so, the matter is criminal. This is the true effect of the two conditions formulated by Viscount Cave in re Clifford and O'Sullivan. In in re Storgoff the applicant had been convicted and imprisoned under the Criminal Code, and six of the seven judges who heard the appeal in the Supreme Court of Canada held that this was a criminal matter and approved the definition given above. The argument before the court was that the right to liberty was a civil right, and therefore the Provincial Legislature was competent to pass such legislation, *Mr. Poole is in the third year at Osgoode Hall Law School. 1  S.C.R  2 A.C Id. at  A.C. 147, at p. 156.
3 384 OSGOODE HALL LAW JOURNAL [VOL. 2:383 but this was rejected by the court 5 However, Rand J.6 held that the Provincial Legislatures do have authority to legislate with regard to habeas corpus in connection with provincial offences, and there is also authority for this in the dissenting judgment of Rinfret C.J. The right to successive applications appears superficially to be equivalent to an appeal, but apart from judicial dicta that each application must be heard de novo, there are two theoretical distinctions. First, the second and subsequent applications may be made to courts of a jurisdiction coordinate with that of the one to which the first application was made. Secondly, if a writ is granted, the person against whom it issues has no appeal, but must make a return to the writ as directed, and has no appeal if a discharge is ordered, whereas an applicant who has failed can try again elsewhere. It is inconsistent with the normal concept of a right of appeal that it should be available to only one of the parties to a case. Since no right of appeal in a habeas corpus proceeding exists at common law and none has been provided by the Dominion Parliament the right to make successive applications is of great importance. There are two situations in which such a right might be exercised: when a writ has been refused on a previous application, and when a writ has issued but on the return the prisoner has been remanded. The main controversy has centered on whether there is a right to apply successively to individual judges and, in England, to different courts; recent decisions have denied the existence of such a right at all. The English authorities will be discussed first. Originally the writ only issued from the Court of Queen's Bench in term, but in 1679 the Habeas Corpus Act 7 was passed authorising any court, and any judge during vacation, to issue the writ. An early judicial authority for a right to apply to each court in turn is found in ex p. Partington, 8 where Parke B. said the defendant has a right to the opinion of every court as to the propriety of his imprisonment. 9 The issue was the interpretation of a statute relating to the attachment of debtors, and Partington was trying to obtain his release from prison under its provisions. The dictum just quoted was made in the Court of Exchequer; writs had already been issued by the Court of Queen's Bench and the Lord Chief Baron in chambers, but a discharge had in each case been refused. Only the Queen's 5 See D. M. Gordon, (1945) 23 Can. Bar Rev. 595, for a demonstration of the fallacies in this contention. 6  S.C.R. 526, at p Car. 2, c (1845) 13 M. & W. 679, 153 E.R Id. at 683, 286.
4 1962] Successive Applications for the Writ of Habeas Corpus 385 Bench hearing is reported,' o and it contains no reference to successive applications. Successive applications to different courts were possible because the doctrine of res judicata did not apply. The explanation for this is in the nature of the writ itself; the only way of challenging a decision of a court in banc was by a writ of error, which could not apply to the prerogative writs as no formal judgment was ever issued in proceedings on them." The first authority for the right to apply to each judge in turn is found in the speech of Lord Halsbury in Cox v. Hakes,1 2 which commences with a statement of general principle: My Lords, probably no more important or serious question has ever come before your Lordships' House. For a period extending as far back as our legal history the writ of habeas corpus has been regarded as one of the most important safeguards of the liberty of the subject. If upon the return to that writ it was adjudged that no legal ground was made justifying detention the consequence was immediate release from custody. If release was refused, a person detained might - see ex p. Partington - make a fresh application to every judge or every Court in turn, and each Court or judge was bound to consider the question independently and not to be influenced by the previous decisions refusing discharge. Though a dictum from Lord Halsbury is entitled to the greatest respect, the authority of this is weakened by no other member of the House stating the same principle, and by some of them confirming the right to apply to separate courts only, making no mention of judges. In addition, the case itself concerned the right to appeal, not to make successive applications; the procedure was only considered in order to show the case did not come within the English Judicature Act. The main authority for the right to go from judge to judge is Eshugbayi Eleko v. Governor General of Nigeria.' 3 Lord Hailsham, in delivering the opinion of the Judicial Committee, said' 4 if it be conceded that any judge has jurisdiction to order the writ to issue, then in the view of their Lordships each judge is a tribunal to which application can be made within the meaning of the rule, and every judge must hear the application on the merits. It follows that, although by the Judicature Acts the Courts have been combined in the one High Court of Justice, each judge of that court still has jurisdiction to entertain an application for the writ of habeas corpus in term time or vacation, and that he is bound to hear and determine such an application on its merits notwithstanding that some other judge has already refused a similar application. The issue came squarely before the English courts as a result of the persistence of one Edward Thomas Hastings. 15 After an unsuccessful appeal from conviction he applied to a Divisional Court of the Queen's Bench Division for a writ of habeas corpus, which 10 (1844) 6 Q.B. 649; 115 E.R See Lord Goddard, (1949) 65 L.Q.R (1890) 15 App. Cas. 506, at  A.C Id. at For a comment on the Hastings series of cases see S. A. de Smith, (1959) 22 M.L.R. 184.
5 OSGOODE HALL LAW JOURNAL [VOL. 2:383 was refused,' 6 and an appeal from this refusal was unsuccessful." Hastings then applied to another Divisional Court of the Queen's Bench Division, composed of three judges different from those who had heard his first application; he relied on the same grounds and produced the same evidence.' 8 The Solicitor-General intervened on two grounds, first, that an applicant has never had a right to go from judge to judge except when the court is not sitting (i.e. in vacation), secondly, in the alternative, that though an applicant has a right to go from Court to Court, the union of the Courts by the Judicature Act means that at most one application can be made to each Division. Lord Parker C.J., after stating that the judgment represented the opinion of the whole court, pointed out that the old courts always sat in bane, and that no single judge could bind the whole Court. The Act of 1679, where it was concerned with single judges, merely gave them the power to hear applications in vacation, and even in the early nineteenth century it was laid down that a single judge only had power to issue the writ in vacation. 19 Lord Parker went on to show that a second application could not be made to the same court on the same facts since there had already been an exercise of judicial discretion on the first application. 20 In considering ex p. Partington he noted an inconsistency in the reports of the judgement, 21 but held that all versions were consistent with the right to apply from judge to judge only existing in vacation. In discussing the later authorities, the Lord Chief Justice commented that in Cox v. Hakes Lord Halsbury was alone in stating the right was to go from judge to judge, and held that he was not bound by the decision of the Privy Council in Eleko v. Governor General. He therefore decided that prior to the Judicature Act the right was to go from court to court. Since by that Act a Divisional Court could exercise the jurisdiction of the old Court sitting in banc, a subsequent application to the same division would be refused on the grounds that a judicial discretion had already been exercised. This decision disposed of the application, but left open the question whether there was a right to go from Division to Division as distinct from Divisional Court to Divisional Court in the same Division. Four months later Hastings applied to a Divisional Court of the Chancery Division. 22 Vaisey J. held after the Judicature Acts the different Divisions no longer exist as separate courts; there is only 6 Re Hastings, [ W.L.R. 372, 1 All E.R The Times, 29 July Re Hastings (No. 2), [ W.L.R. 768; [ Q.B The W.L.R. does not contain the arguments of counsel. 19 Hobhouse's Case (1820), 3 B. & Ald. 420; 106 E.R. 716, per Abbott C.J., later Lord Tenterden, at 422, Quoting Parke B. in in re Cobbett (1845), 5 L.T.O.S See also R. F. V. Heuston, (1950) 66 L.Q.R Re Hastings (No. 8), [19593 Ch. 368, 2 W.L.R. 454.
6 1962] Successive Applications for the Writ of Habeas Corpus 387 one High Court to which judges are appointed, though they are assigned to different Divisions later. Harman J. held that an applicant has no right to go from judge to judge during term time. An appeal failed on the grounds that the Court of Appeal was not empowered to hear appeals in a criminal cause or matter.23 The overall result of this Hastings series of cases is that the only right in an application for habeas corpus is to apply once to a Divisional Court in term time or to a single judge in vacation. Assuming the principle in these decisions applies to Canada, since there are no Divisions in Canadian Courts an application can only be made once, and it must be made to a single judge. An authority much relied on by the courts in in re Hastings is the Irish case of The State (Dowling) v. Kingston. 24 An application for habeas corpus was made to the High Court, consisting of three judges, which by a majority refused to grant it. Another application was immediately made to the dissenting judge, who also refused. An appeal taken on the first refusal to the Supreme Court failed, Fitzgibbon J. submitting the judgments in Cox v. Hakes to a detailed analysis and deciding that Lord Halsbury had no authority for his statement. He also considered that the Judicature Acts, passed to simplify procedure, could not be considered to have allowed a succession of separate applications to each judge sitting as a separate tribunal. In none of these cases was an attempt made to distinguish between making an application after a writ has been refused and making an application after a writ has been granted but a discharge refused. The State (Dowling) v. Kingston is the only case on the first situation, the others all involve the second. At first sight the two situations are quite different from each other, but it is possible that at common law they both fall under the same principle, that when an application has been made a judicial discretion has been exercised and no subsequent attempt can be made. The effect of the Hastings decisions is to apply this to individual judges. Cases involving successive applications where a discharge has been refused greatly outnumber those where the writ itself has been refused. The reason may be that judges issue the writ almost as a matter of course, preferring to wait for the return, when both sides will be represented, to determine Wvhether the applicant should be released. The writ cannot be obtained as of right, however, either at common law or under statute, since there must be a probable and reasonable ground of complaint. In 1866 the Province of Canada passed "An Act for More Effectually Securing the Liberty of the Subject," 25 section 6 of which provided: 23 Be Hastings (No. 8),  1 W.L.R  I.R Vict., c. 45.
7 388 OSGOODE HALL LAW JOURNAL [VOL. 2:383 In case any person confined or restrained of his or her liberty... shall be brought before the court in term time upon a writ of habeas corpus, and shall be remanded to custody again upon the original order or warrant of commitment... it shall and may be lawful for such person to appeal from the decision or judgment of the said court, to the Court of Error and Appeal... Patterson J.A. in in re Hall, 26 decided before (ox v. Hakes, said that a decision on appeal under this section would bind all courts of first instance, and therefore the question of successive applications to different courts was precluded by this section. This reasoning would a fortiori apply to applications to different judges. He also pointed out that the union by the Judicature Act of the old Courts into a single Court made applications to different courts impossible.27 Since the Dominion Parliament has passed no legislation concerning habeas corpus the 1866 Act still applies. However, in ex parte Johnston, s the Ontario Court of Appeal held that after the 1913 Judicature Act abolishing the Divisional Courts there was no court left to which an appeal in habeas corpus would lie. 29 This immediately removes one ratio for the decision in in re Hall, but does not affect its relevance to the organization of the courts. Morden J.A., who delivered the judgment of the Court of Appeal in ex p. Johnston, assumed the law of Ontario was the same as that laid down in Eleo v. Governor-General, and considered the appeals before him as if they were subsequent applications after a discharge had been refused made to him as an ex officio judge of the High Court. 0 He discussed the decision in Re Hastings (No. 2) but did not follow it, pointing out that Lord Parker C.J. did not consider himself bound by the decision in Eleko 'v. Governor-General. About three weeks after the decision in ex p. Johnston one of the unsuccessful appellants obtained a second writ from Wilson J., and the return came before McRuer C.J.H.C. with the style of cause ex parte Shane. 31 Before hearing the application on its merits the learned Chief Justice had to make a decision on the preliminary objection that this was a return to the second writ issued to the applicant, who only had a right to make one application. He held that he was not bound by the decision in Eleko v. Governor-General, and that, since under the provisions of section 12 (2) of the Judicature Act 32 each judge exercises the jurisdiction of the Supreme Court when making a decision, no order could be made which was inconsistent with that made by the judge to whom the first application was made. 26 (1882), 8 O.A.R. 135, at p On this point see also Taylor v. Scott (1898), 30 O.R. 475; Re Loo Len (No. 2),  1 D.L.R. 910, (B.C.). 28  O.R This decision avoids the awkward possibility of there being a right of appeal in Ontario and Quebec but not in the other provinces, to which the 1866 Act did not apply. 30 This is impossible in England: see ex p. LeGros (1914), 30 T.L.R  O.R R.S.O. 1960, c. 197.
8 1962] Sucessive Aplications for the Writ of Habeas Corpus 389 It is submitted that these two recent cases have still left some doubt in the law. Ex p. Shane held that successive applications could not be made, but Morden J.A. in ex p. Johnston assumed the law was that laid down in Eleko v. Governor-General and allowed a successive application. The point was decided in ex p. Shane, and not specifically decided in ex p. Johnston, but the latter case was in the Court of Appeal and the Court acted on a successive application. The hearing of the application on its merits made no difference to the final result, but the action of the Court of Appeal in hearing it is inconsistent with the decision of McRuer C.J.H.C. that it does not exist. To sum up, the Ontario authority in favour of the right to make successive applications when a discharge has been refused is ex p. Johnston in the Court of Appeal; the authorities against are ex p. Hall and ex p. Shane, both in courts of first instance. The three cases so far considered have dealt with applications made after a writ has been granted and a discharge refused. The distinction between this situation and one where the issue of the writ has been refused was commented on in R. v. Graves a3 Riddell J. pointing out 34 that the 1866 Act only dealt with cases where a writ had been issued but a discharge had been refused, and that the case of a refusal to grant a writ was not touched or effected by the statute or the cases, and I think that the common law right of going from Judge to Judge until either a writ is obtained or every judge has refused still remains. This was disregarded in ex p. Shane as being obiter. Even if ex p. Shane is taken as refusing to allow successive applications, a writ had been granted in that case, and it is therefore of only persuasive authority, equal with that of the dictum of Riddell J. quoted above, in connection with applications after a refusal to issue the writ. The authorities on this situation, both from other jurisdictions, are The State (Dowling) v. Kingston, and the general principle that there has already been an exercise of a judicial discretion. It is therefore arguable that there still is a right to make successive applications for habeas corpus, whether the writ itself has been refused, or whether it has been issued but a discharge has been refused. However, on the balance of authority, it is unlikely to succeed. If in the future such an argument is rejected by the courts, an applicant still has a chance to obtain the writ after being refused by the Provincial Courts. In in re Seeley 35 the applicant failed to obtain a writ in the New Brunswick courts and applied to Girouard J. in chambers in the Supreme Court of Canada under what is now section 57(1) of the Supreme Court Act. 36 The writ was refused 33 (1910), 21 O.L.R Id. at (1908), 41 S.C.R R.S.C. 1952, c. 259.
9 390 OSGOODE HALL LAW JOURNAL [VOL. 2:383 and he appealed unsuccessfully to the full court under section 57(2), which allows an appeal whether a writ is refused or the prisoner remanded. This practice was not mentioned in ex p. Shane. Leaving aside matters of strict law, the right to successive applications has been criticised on practical grounds. McRuer C.J.H.C. in ex. p. Shane pointed out that it allows 31 separate applications, one to each judge, to be made in Ontario. The Supreme Court of Canada would add 9 to this total. The solution advocated by the judges themselves is a right to make a single application with a right to appeal to the highest court. In contrast with the dictum of Lord Hasbury in Cox v. Hakes, Mr. D. M. Gordon has written:s7 the power of prisoners to canvass the whole bench of Supreme Court judges is an indefensible survival of archaic Ideas that seem to have been based on a misapprehension from the first; and that the favourable views of any judge shall outweigh the contrary views of all the rest without any right of appeal by the Crown, is even more Indefensible. The obvious course is for the legislature to limit application to one judge, and to give both the prisoner and the Crown an appeal. Talk of such a change infringing the liberty of the subject is only too obviously nonsense. 37 (1945), 23 Can. Bar Rev. 595.
Professional Examinations Paper F4 (ENG) Corporate and Business Law EXAM KIT Section 1 MULTIPLE CHOICE QUESTIONS ENGLISH COURT STRUCTURE 1 Which of the following is NOT a track to which a civil case can
TO : THE JUDICIAL COMPENSATION AND BENEFITS COMMISSION 2007 COMMENTS WITH RESPECT TO DOCUMENTS RECEIVED BY THE COMMISSION REGARDING THE SUBMISSION FOR A SALARY DIFFERENTIAL FOR JUDGES OF COURTS OF APPEAL
[Polity] Courts System of India www.imsharma.com /2015/06/courts-system-of-india.html Courts of India comprise the Supreme Court of India, High Courts, District Court, Sessions Courts and several other
Index Aboriginal Peoples, see Native Peoples Absolute liability offences 180-81 Access to justice Access to the courts 133-35 Definition 133-35 Open courts principle Definition 137-38 Costs of 139 Practical
SAINT CHRISTOPHER AND NEWS 1 CIVIL APPEAL NO. 1 OF 1997 BETWEEN: IN THE COURT OF APPEAL THE ATTORNEY GENERAL OF ST. CHRISTOPHER AND NEVIS THE DIRECTOR OF PUBLIC PROSECUTIONS THE SUPERINTENDENT OF PRISONS
574  [COURTS-MARTIAL APPEAL COURT] " REGINA v. GRANTHAM 1969 Feb. 20; March 20 Lord Parker C.J., Widgery L.J. and Lawton J. Military Law Courts-Martial Appeal Court Jurisdiction Right -n of appeal
Osgoode Hall Law Journal Volume 1, Number 2 (April 1959) Article 6 Burdens of Proof and the Doctrine of Recent Possession J. D. Morton Osgoode Hall Law School of York University Follow this and additional
518 Sobhuza II. Appellant; v. Miller and Others Respondents. Privy Council PC Viscount Cave L.C., Viscount Haldane, Lord Parmoor, Lord Phillimore, and Lord Blanesburgh. 1926 April 15. On Appeal from the
Act No. 16, 1912. An Act to establish a court of criminal appeal; to amend the law relating to appeals in criminal cases ; to provide for better consideration of petitions of convicted persons ; to amend
19771 COMMENTS - COMMENTAIRES Steve Dart v. Board of Arbitration In 1924, Lord Atkin, in The King v. Electricity Commissioners,' considered the rules under which the writs of prohibition and certiorari
The Constitutional Validity of Bill S-201 Presentation to the Standing Committee on Justice and Human Rights Professor Bruce Ryder Osgoode Hall Law School, York University 22 November 2016 I am pleased
REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Civil Appeal No. P 226 of 2010 Between FELIX JAMES And Appellant THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Respondent PANEL: N. BEREAUX, J.A. P.
LAWS OF BRUNEI CHAPTER 5 SUPREME COURT E 4/63 No. 2 of 1963 1984 Ed. Cap. 5 Amended by 3 of 1977 5 of 1978 3 of 1982 11 of 1983 S 19/91 S 23/91 S 11/92 S 11/93 S 1/95 S 85/00 REVISED EDITION 2001 (31st
CLAIM NO. 743 OF 2009 IN THE SUPREME COURT OF BELIZE A.D. 2009 BETWEEN BCB HOLDINGS LIMITED First Claimant/Respondent THE BELIZE BANK LIMITED Second Claimant/Respondent AND THE ATTORNEY GENERAL OF BELIZE
Constitutional Practice and Procedure in Administrative Tribunals: An Emerging Issue David Stratas Introduction After much controversy, 1 the Supreme Court of Canada has confirmed that tribunals that have
1979] COMPETENCE AND COMPELLABILITY 313 COMPETENCE AND COMPELLABILITY OF WIVES AT COMMON LAW "So Great a Favourite is the Female Sex of the Laws of Engl,and ''I In April this year the House of Lords delivered
Citation: R. v. R.C. (P.) Date: 2000308 2000 PESCTD 22 Docket: GSC-17475 Registry: Charlottetown BETWEEN: AND: PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION HER MAJESTY THE QUEEN
ZNPF BOARD v A-G AND OTHERS AND IN THE MATTER OF INDUSTRIAL RELATION COURTS DECISION DATED 29TH OCTOBER,1982 AND AN APPLICATION FOR CERTIORARI (1983) Z.R. 140 (H.C.) HIGH COURT SAKALA,J. 27TH SEPTEMBER,
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CRI-2014-404-67  NZHC 598 BETWEEN AND TEINA PORA Applicant THE QUEEN Respondent Hearing: 18 March 2014 Appearances: J G Krebs and I Squire for Applicant
154 (1965) 4 ALBERTA LAW REVIEW CASE COMMENTS CONSTITUTIONAL LAW - PARLIAMENTARY SOVEREIGNTY - CAN PARLIAMENT BIND ITS SUCCESSORS? The recent decision of the Privy Council in The Bribery Commissioner v.
The Court of Appeal Act being Chapter 38 of The Revised Statutes of Saskatchewan, 1920 (assented to November 10, 1920). NOTE: This consolidation is not official. Amendments have been incorporated for convenience
TRINIDAD AND TOBAGO IN THE COURT OF APPEAL CIV. APP. NO. 45 OF 2007 HCA NO. 117 OF 2003 BETWEEN MYRTLE CREVELLE, (ADMINISTRATRIX AD LITEM OF THE ESTATE OF CLYDE CREVELLE (deceased)) Appellant AND THE ATTORNEY
P a g e 1 Grade Level 11-12 Duration 1 period SNAPSHOT Introduction This unit begins our examination of Canada s legal system with a review of key components and responsibilities of Canada s federal courts.
PDF Version [Printer friendly ideal for printing entire document] CANADIAN CHARTER OF RIGHTS AND FREEDOMS [FEDERAL] Published by Important: Quickscribe offers a convenient and economical updating service
526 ALBERTA LAW REVIEW [VOL.XVI CONSTITUTIONAL LAW- PEACE, ORDER AND GOOD GOVERNMENT- THE TEST OF ASPECT AND THE EMERGENCY DOCTRINE AN ALLEGORY* And God spake unto Noah saying: "Build an Ark of two compartments
Prevention of Terrorism Act 2005 2005 Chapter 2 CONTENTS Control orders Section 1 Power to make control orders 2 Making of non-derogating control orders 3 Supervision by court of making of non-derogating
A PRACTICAL GUIDE TO PROCEEDINGS AGAINST THE FEDERAL CROWN Martin C.Ward Introduction: The Crown could not be sued at common law. The Courts were creations of the Crown and as such it could not be compelled
Scoping Paper Judicial Review of Decisions of the Crown Court CHALLENGES TO CROWN COURT DECISIONS Discussion Paper CONTENTS PART 1: Introduction 1 PART 2: History 4 PART 3: Appeals by way of case stated:
1048 McGILL LAW JOURNAL [Vol. 26 A Defence to CrIminal Responsibility for Performing Surgical Operations: Section 45 of the Criminal Code* A number of writers commenting on the legality of surgical operations
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Law Society of B.C. v. Bryfogle, 2006 BCSC 1092 Between: And: The Law Society of British Columbia Date: 20060609 Docket: L052318 Registry: Vancouver Petitioner
Tech Level Unit 1 Title: Level: Level 3 Credit Value: 10 INTRODUCTION TO LAW AND THE LEGAL SYSTEM IN ENGLAND AND WALES Guided Learning Hours 60 Learning outcomes Assessment criteria Knowledge, understanding
Ontario: Annual Statutes 1989 c 46 Justices of the Peace Act, 1989 Ontario Queen's Printer for Ontario, 1989 Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ontario_statutes
CANADIAN CHARTER OF RIGHTS AND FREEDOMS Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms Rights and freedoms in Canada
1989] CHRONIQUE DE JURISPRUDENCE 1099 A.G. Ontario v. Pembina Exploration Canada Ltd William Tetley* In A.G. Ontario v. Pembina Exploration Canada Ltd,I the S.C.C. held that an Ontario Small Claims Court
The Provincial Magistrates Act UNEDITED being Chapter P-32 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated
Part 1 of the Constitution Act, 1982 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms 1. The Canadian Charter of Rights
Table of Contents ANALYSING A CASE 4 DEFINITIONS 5 THE FEDERAL HIERARCHY OF AUSTRALIA 6 INTRODUCTION TO LEGISLATION 7 PRINCIPLES IN RELATION TO STATUTES AND SUBORDINATE LAWS 7 MAKING STATUTES: THE PROCESS
BAIL HEARINGS ISSUES FOR DISCUSSION Saskatoon Criminal Defence Lawyers Association December 1, 1998 Fall Seminar, 1998: Bail Hearings and Sentencing Also available to members at the SCDLA Web site: http://www.lexicongraphics.com/scdla.htm
[CH.96 1 CHAPTER 96 LIST OF AUTHORISED PAGES 1 14B LRO 1/2006 15 21 Original SECTION ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title. 2. Interpretation. 3. Application of the provisions of this
Michaelmas Term  UKSC 42 On appeal from:  EWCA Crim 1575 JUDGMENT R v Varma (Respondent) before Lord Phillips Lord Mance Lord Clarke Lord Dyson Lord Reed JUDGMENT GIVEN ON 10 October 2012 Heard
Hilary Term  UKPC 12 Privy Council Appeal No 0069 of 2015 JUDGMENT Attorney General (Appellant) v Dumas (Respondent) (Trinidad and Tobago) From the Court of Appeal of the Republic of Trinidad and
Guarantee of Rights and Freedoms Fundamental Freedoms Democratic Rights Mobility Rights Legal Rights Equality Rights Official Languages of Canada Minority Language Educational Rights Enforcement General
The Attorney-General for Ontario v. Barfried Enterprises Limited Howard B. Shaffer* I. Introduction According to Section 91 sub-section 19 of the British North America Act, the Parliament of Canada has
EXTRADITION ACT ARRANGEMENT OF SECTIONS Application of Act SECTION 1. Power to apply Act by order. 2. Application of Act to Commonwealth countries. Restrictions on surrender of fugitives 3. Restrictions
Canadian charter of rights and freedoms Schedule B Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982 PART I Whereas Canada
Page 1 Case Name: Cuddy Chicks Ltd. v. Ontario (Labour Relations Board) Cuddy Chicks Limited, appellant; v. Ontario Labour Relations Board and United Food and Commercial Workers International Union, Local
SUPREME COURT OF CANADA CITATION: R. v. Awashish, 2018 SCC 45 APPEAL HEARD: February 7, 2018 JUDGMENT RENDERED: October 26, 2018 DOCKET: 37207 BETWEEN: Her Majesty The Queen Appellant and Justine Awashish
Criminal Appeal Act 1968 CHAPTER 19 ARRANGEMENT OF SECTIONS PART I APPEAL TO COURT OF APPEAL IN CRIMINAL CASES Appeal against conviction on indictment Section 1. Right of appeal. 2. Grounds for allowing
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Civil Appeal No. P028 of 2015 Between THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO MRS. LISA RAMSUMAIR-HINDS And RUSSELL DAVID Appellants Respondent
Osgoode Hall Law Journal Volume 3, Number 1 (April 1964) Article 13 Landlord and Tenant - Breach of Covenant for Quiet Enjoyment - Owen v. Gadd and Kenny v. Preen Edward B. Middleton Follow this and additional
Justice (Northern Ireland) Act 2004 CHAPTER 4 CONTENTS The judiciary 1 Transfer to Lord Chancellor of functions relating to Judicial Appointments Commission 2 Membership of the Commission 3 Duty of Commission
INDEPENDENCE OF THE ATTORNEY GENERAL IN CRIMINAL MATTERS Foundation Freedom and independence form my character. - Mustafa Kemal Ataturk (1881-1938) The role of the Attorney General in the prosecution of
 UKPC 39 Privy Council Appeal No 0071 of 2012 JUDGMENT Chief Justice of the Cayman Islands (Appellant) v The Governor (First Respondent) and The Judicial and Legal Services Commission (Second Respondent)
THE RIGHTS OF PEOPLE WHO HAVE BEEN ARRESTED A REVIEW OF THE LAW IN NORTHERN IRELAND November 2004 ISBN 1 903681 50 2 Copyright Northern Ireland Human Rights Commission Temple Court, 39 North Street Belfast
CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 41/99 JÜRGEN HARKSEN Appellant versus THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA THE MINISTER OF JUSTICE THE DIRECTOR OF PUBLIC PROSECUTIONS: CAPE OF GOOD
1 L.R.O. 2002 Criminal Appeal CAP. 113A CHAPTER 113A CRIMINAL APPEAL ARRANGEMENT OF SECTIONS SECTION CITATION 1. Short title. INTERPRETATION 2. Definitions. PART I CRIMINAL APPEALS FROM HIGH COURT 3. Right
Canadian Heritage Patrimoine canadien The Canadian Charter of Rights and Freedoms The Canadian Charter of Rights and Freedoms Whereas Canada is founded upon principles that recognize the supremacy of God
BP-268E PROPERTY RIGHTS AND THE CONSTITUTION Prepared by: David Johansen Law and Government Division October 1991 TABLE OF CONTENTS INTRODUCTION FORMER PROPOSALS TO ENTRENCH PROPERTY RIGHTS IN THE CONSTITUTION
GlosaryofLegalTerms acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. affidavit: A written statement of facts confirmed by the oath of the party making
Osgoode Hall Law Journal Volume 10, Number 1 (August 1972) Article 11 Suggested Reforms in the Procedure in Small Claims Courts A. M. Carter Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj
Michael Sikyea v. Her Majesty the Queen A. L. C. de Mestral * Despite the fact that Canadian Indians have been the subject of treaties, Acts of Parliament and considerable litigation, their present status
Summary conviction appeal from a Judicial Justice of the Peace and Provincial Court Judge Date: 20181031 Docket: CR 17-01-36275 (Winnipeg Centre) Indexed as: R. v. Grant Cited as: 2018 MBQB 171 COURT OF
CORAM: RICHARD C.J. DESJARDINS J.A. NOËL J.A. Date: 20081217 Docket: A-149-08 Citation: 2008 FCA 401 BETWEEN: AMNESTY INTERNATIONAL CANADA and BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION Appellants and
19741 COMMENTS - Re Laporte and The Queen In Re Laporte and The Queen I Mr Justice Hugessen was faced with a situation which was without precedent in Canadian Criminal Law. He was called upon to decide
1 The Arbitration Act, 1992 being Chapter A-24.1* of the Statutes of Saskatchewan, 1992 (effective April 1, 1993) as amended by the Statutes of Saskatchewan, 1993, c.17; 2010, c.e-9.22; 2015, c.21; and
No. 27 of 1890. Colonial Courts of Admiralty Act 1890 (Adopted). Certified on: / /20. INDEPENDENT STATE OF PAPUA NEW GUINEA. No. 27 of 1890. Colonial Courts of Admiralty Act 1890 (Adopted). ARRANGEMENT
Legislative Summary LS-524E BILL C-3: INTERNATIONAL BRIDGES AND TUNNELS ACT David Johansen Law and Government Division 8 May 2006 Revised 19 April 2007 Library of Parliament Bibliothèque du Parlement Parliamentary
Judicial Precedent Revision Stare Decisis Stare decisis means: stand by what has been decided. Points of law that have been decided in previous similar cases must be followed. This makes the system CONSISTENT,
FUGITIVE OFFENDERS ORDINANCE - CHAPTER 503 FUGITIVE OFFENDERS ORDINANCE - LONG TITLE Long title VerDate:06/30/1997 An Ordinance to make provision for the surrender to certain places outside Hong Kong of
Province of Alberta PROVINCIAL COURT ACT Revised Statutes of Alberta 2000 Current as of February 1, 2018 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer Suite 700, Park
Osgoode Hall Law Journal Volume 16, Number 3 (November 1978) Article 14 Ministerial Permits and Due Process: Minister of Manpower and Immigration v. Hardayal John Hucker Follow this and additional works
New South Wales Court Suppression and Non-publication Orders Act 2010 No 106 Contents Part 1 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 4 Inherent jurisdiction and powers of courts
Osgoode Hall Law Journal Volume 12, Number 1 (May 1974) Article 3 Reform of Judicial Review of Administrative Action: The Ontario Way David J. Mullan Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj
NORTHERN TERRITORY SUPREME COURT. Short titl. No. 11 of 1961. An Act to create a Supreme Court of the Northern Territory of Australia, in place of the Supreme Court previously established. [Assented to
E 31AF Report 44 Habeas Corpus Procedure November 1997 Wellington, New Zealand i The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic
FEDERAL COURT POWER TO ADMIT TO BAIL STATE PRISONERS PETITIONING FOR HABEAS CORPUS IT IS WELL SETTLED that a state prisoner may test the constitutionality of his conviction by petitioning a federal district
Review of the Standard of Proof Applied in Professional Misconduct Proceedings Consultation Paper May 2017 Contents About this consultation paper... 3 Background... 4 The current regulatory position...
Osgoode Hall Law Journal Volume 24, Number 1 (Spring 1986) Article 3 Military Law under the Charter David J. Corry Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Article
Chapter 2 The Canadian Charter of Rights and Freedoms Background The Canadian Charter of Rights and Freedoms was entrenched (safeguarded) in the Canadian Constitution on April 17, 1982. This means that
Judicial Review Under Sections 18 and 28 of the Federal Court Act Norman M. Fera * The Federal Court Act 1 was an attempt to reform the process of judicial review of administrative decisions made by federal
to the English English Legal System The United Kingdom 3 jurisdictions Why study English law? English as lingua franca? Mother jurisdiction for all common law jurisdictions Commercial awareness of English
Page 1 Indexed as: Edmonton Journal v. Alberta (Attorney General) IN THE MATTER OF sections 2(b) and 52(1) of the Canadian Charter of Rights and Freedoms, being Part 1 of the Constitution Act, 1982; AND