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  1. Mar 17, 2017 · The Crown’s burden — which is identical to its burden in respect of the accused’s guilt itself — highlights that the rule is linked to the law’s concern that involuntary statements are “ unreliable as affirmations of guilt” (S. N. Lederman, A. W. Bryant and M. K. Fuerst, The Law of Evidence in Canada (4th ed. 2014), §8.24; Ibrahim v.

  2. Jan 23, 2018 · in the area of crimi nal law” and a “clear statement of legi slative intent.” 2 ey are not in themselves unconst itutional and have historic ally been upheld by the Cour t as an acceptable, albeit har sh, sentencing device.

  3. Mar 19, 2018 · The opinions expressed in APPEAL are those of the authors and do not necessarily represent those of the Editors or the Faculty of Law. APPEAL is a refereed review. While every effort is made by the Publisher and the Editorial Board to ensure that APPEAL contains no inaccurate or misleading data, opinion or statement, the information and opinions contained within are the sole responsibility of ...

    • Sarah Chaster
    • 2018
  4. MMS can be crude, cruel, and undesirable devices in the sentencing process. The majority in Lloyd addressed the underlying infirmities in mandatory minimum sentencing, and it directed Parliament to develop “legislative exemption clauses” to render MMS constitutionally compliant. I applaud this judicial direction, and argue that the most

    • Sarah Chaster
    • 2018
  5. In order to allay provincial fears, the proposed Charter of Rights contained the following section: 9. (1) Everyone has the right to the use and enjoyment of property, individually or in association with others, and the right not to be deprived thereof except in accordance with law and for reasonable compensation.

  6. 1736095 ONTARIO LTD. v. WATERLOO (CITY), 2015 ONSC 6541. In 1986, the City passed its first by-law addressing rental housing. That by-law (“Lodging House By-law”) was passed in response to a recommendation by a Coroner’s Inquest following the fire-related death of a University of Waterloo student.

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  8. the issue and force all forms of property into a private property model.7. There are two paradigmatic ways to understand common property. The first is the trust analogy whereby the common property is described. as being held in trust by the government for the benefit of the public.

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