duress code

Canada Law Articles in English - (September 10, 2008)

Three Ways To Avoid Employment Disputes

Mr Peter Eastwood - Borden Ladner Gervais LLP

... In the CIBC case, the bank is being sued in Ontario for $600 million dollars relating to unpaid overtime under the Canada Labour Code. These cases indicate that Canadian ...... and the contracts were not entered into under duress. Second, recent cases have demonstrated ...

University of Toronto Faculty of Law Review - Vol. 66 Nbr. 2, March 2008

Lifting the veil on corporate terrorism: the use of the criminal code terrorism framework to hold multinational corporations accountable for complicity in human rights violations abroad.

... Abuses Chiquita V LEGAL ANALYSIS The Defence of Duress Possible Drawbacks of Terrorism Offence ...... This article proposes that the Criminal Code terrorism provisions, in particular the new ...... Cet article propose que les lois visant le terrorisme contenu dans le code criminel, en particulier les nouvelles offenses ...

Canadian Journal of Family Law - Vol. 24 Nbr. 2, July 2008

'A Delicate Necessity': Bruker V. Marcovitz and the Problem of Jewish Divorce

In this article, we outline the case history starting with the decisions of the Quebec Superior Court and Court of Appeal, explain the questions that the majority and minority asked themselves in the Supreme Court of Canada, and conclude by analyzing that Court's decision and its implications for Jewish spouses and spouses of other religious minorities going through the divorce process. "15 This is also the theory behind Jewish divorce, and in the "vast majority"16 of cases, a get is freely ...

Supreme Court of Canada - April 10, 2008

R. v. Hibbert, [1995] 2 S.C.R. 973 (1995)

... on appeal from the court of appeal for ontario Criminal law -- Duress -- Parties to offences -- Attempted murder -- ...... rea for parties to offence could be negated by duress and that common law defence of duress was ...

Supreme Court of Canada - April 10, 2008

R. v. Ruzic, [2001] 1 S.C.R. 687, 2001 SCC 24, 2001 SCC 24 (2001)

... on appeal from the court of appeal for ontario Constitutional law - Charter of Rights - Fundamental justice - Criminal Code providing for defence of compulsion by threats --...... 1, 7 - Criminal Code, R.S.C. 1985, c. C-46, s. 17. Criminal law - ...

Supreme Court of Canada - April 10, 2008

Paquette v. R., [1977] 2 S.C.R. 189 (1976)

... Criminal law-Non-capital murder-Duress-Threat of death or of grievous bodily harm-"A ...... 21(2) of the Criminal Code as an accomplice. Appellant did not testify at ...... 17 of the Criminal Code is limited to cases in which the person seeking ...

Federal Court - June 04, 2008

Canada (Minister of Citizenship and Immigration) v. Hussain, 2002 FCT 209 (2002)

... also laid out the tests to be met to support a conclusion that a defence of duress is applicable in such a case: On duress, ......] If I were to accept this as the state of international law, as the appellant urged, I could find that the duress under which the appellant found himself may be ...

Supreme Court of Canada - June 28, 2008

Nicholson v. The Queen, [1981] 2 S.C.R. 600 (1981)

... offence created-Sentence to be imposed-Criminal Code, R.S.C 1970, c. C-34, s. 83(1)(a),(d), (2), as ...... one-year term for a first offence under Criminal Code s. 83(1)(c) or for a minimum three-year term for ...

Federal Court - June 04, 2008

Kathiravel v. Canada (Minister of Citizenship and Immigration), 2003 FCT 680 (2003)

...; and (2) the tribunal misapplied the defence of duress to the applicant's actions as a forced masked ...... [8] The defence of duress was addressed by Justice MacGuigan, on behalf of ...... 306 at 327 and 328: ¶ 40 The appellant did not argue the defence of superior orders, and his arguments as to duress and remorse are insufficient for exoneration. On ...