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R v Sharpe, 2001 SCC 2 is a constitutional rights decision of the Supreme Court of Canada.The court balanced the societal interest to regulate child pornography against the right to freedom of expression possessed by the defendants under section 2 of the Canadian Charter of Rights and Freedoms; holding, that while general prohibition of child pornography was constitutional, there were some ...
R v Friesen, 2020 SCC 9 is a major decision by the Supreme Court of Canada on sentencing for sexual offences against children and the principle of parity. The Court held that sentences for offences involving the sexual abuse of children should be increased to reflect contemporary social understanding of the harms associated with such conduct, and Parliament's repeated signals to increase ...
Child pornography laws in Canada. Section 163.1 of the Criminal Code of Canada forbids the production, distribution, and possession of child pornography, which are punishable by a maximum of ten or fourteen years of imprisonment depending on the offense. Portions of the law concerning one-year mandatory minimums for possession and making of ...
Right to be informed of the offence. Section 11 (a) provides that. 11. Any person charged with an offence has the right. (a) to be informed without unreasonable delay of the specific offence; The right of a person charged with an offence to be informed of the offence originated in section 510 of the Criminal Code as well as legal tradition. [1]
R v Parks, [1992] 2 S.C.R. 871 is a leading Supreme Court of Canada decision on the criminal automatism defence. [ 2] On an early morning on May 24, 1987, Kenneth Parks drove 20 kilometres from Pickering, Ontario, to the house of his in-laws in Scarborough, Ontario. He entered their house with a key they had previously given him and used a tire ...
The Queen [1976] 1 S.C.R. 616 where they left open the possibility of its existence but did not conclude either way on the question. The Court of Appeal of Ontario again considered the defence of necessity in R v. Morgantaler, Smoling, and Scott but in this case they concluded that the defence of necessity should not have been brought before ...
The Criminal Code ( French: Code criminel) is a law that codifies most criminal offences and procedures in Canada. Its official long title is An Act respecting the Criminal Law (French: Loi concernant le droit criminel ), [1] and it is sometimes abbreviated as Cr.C. (French: C.Cr.) in legal reports. [2] Section 91 (27) of the Constitution Act ...
[1] Under the Canadian constitution, criminal law is within the realm of federal authority and anyone violating this provincial statute is therefore subject to quasi-criminal (not full criminal) enforcement under the Provincial Offences Act. [1] The Act is an attempt to codify what was formerly a matter of common law. It is most often used by ...