949 resultados para Appellate courts
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The evaluation of forensic evidence can occur at any level within the hierarchy of propositions depending on the question being asked and the amount and type of information that is taken into account within the evaluation. Commonly DNA evidence is reported given propositions that deal with the sub-source level in the hierarchy, which deals only with the possibility that a nominated individual is a source of DNA in a trace (or contributor to the DNA in the case of a mixed DNA trace). We explore the use of information obtained from examinations, presumptive and discriminating tests for body fluids, DNA concentrations and some case circumstances within a Bayesian network in order to provide assistance to the Courts that have to consider propositions at source level. We use a scenario in which the presence of blood is of interest as an exemplar and consider how DNA profiling results and the potential for laboratory error can be taken into account. We finish with examples of how the results of these reports could be presented in court using either numerical values or verbal descriptions of the results.
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Contient : 1° Vies des Pères du désert, suivies de la vie de St Martin (fol. 83), de la vie de St Nicolas (fol. 97) et de la vie de St Jean l'Évangéliste (fol. 117) ; 2° Lamentations de la Vierge et des saintes femmes ; 3° La Madeleine ; 4° La Venue de l'Antechrist
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Site Plan for the Physical Educaiton Centre and future athletic sites. Note the proposed ice rink, track and tennis courts. This site plan would have been made c. 1969.
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The complex was comprised of the new Student/Community Health and Fitness Centre and the state-of-the-art health club called The Zone, in addition to encompassing the existing physical education facilities. Among the new facilities was a 23 000-square-foot gymnasium, which boasted four basketball courts and a 200-meter, three-lane elevated track. The building was named after Walker Industries Holdings, a Thorold firm that was the key donor to the project.
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The addition of the Charter of Rights and Freedoms represented a fundamental shift in Canadian governance. Many saw the tabling of such a document as a further, even fmal, step towards the Americanization of the Canadian polity. While the Charter's presence has significantly altered the relationship between citizens, government and the courts, it has done so by maintaining the traditional values and experiences that has been the hallmarks of Canadian constitutionalism. This is in contrast to the fears harboured by critics suggesting that the Charter was a further Americanization of the Canadian Polity, notwithstanding the very different natures of the American Bill of Rights and the Canadian Charter. Analyzing American Supreme Court precedent use by the Canadian Supreme Court has demonstrated that such an Americanization has not, in fact, occurred. In the present analysis of American precedent use in section 1 limitation of rights cases, the citation of these precedents are at best episodic, at least on the quantitative level. Qualitatively, the Canadian Supreme Court generally uses American jurisprudence to further support broad definitions of 'great rights' . As for the more intricate details of rights limitations and the process involved in detennining how Charter rights are limited, one would be hard pressed to find even cursory references to American case law.
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Caption title.
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Ordered to be printed 10th May 1813.
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Printed for Russell, Cutler and Co.
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The marriage certificate of Mr. Hamilton K. Woodruff of St. Catharines and Miss Julia C. Cleveland of Erie, Pennsylvania. This is certificate no. 5221 signed by James C. Wilson. This is accompanied by 2 envelopes; one envelope is from Henry L. Rea, clerk of courts, Erie Pennsylvania to Mr. H. K. Woodruff, the other envelope just says "marriage certificate Mrs. H. K. Woodruff", Nov. 21, 1894.
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Diploma (vellum) from the Bar of Lower Canada to Edward Bradley Parkin of Quebec conferring upon him the right of practicing as an Advocate, Barrister, Attorney, Solicitor and Proctor-at-Law in all courts in Lower Canada, June 4, 1866.
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Un résumé en français est également disponible
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Since 1986, the Canadian Public Administration is required to analyze the socio-economic impact of new regulatory requirements or regulatory changes. To report on its analysis, a Regulatory Impact Analysis Statement (RIAS) is produced and published in the Canada Gazette with the proposed regulation to which it pertains for notice to, and comments by, interested parties. After the allocated time for comments has elapsed, the regulation is adopted with a final version of the RIAS. Both documents are again published in the Canada Gazette. As a result, the RIAS acquires the status of an official public document of the Government of Canada and its content can be argued in courts as an extrinsic aid to the interpretation of a regulation. In this paper, an analysis of empirical findings on the uses of this interpretative tool by the Federal Court of Canada is made. A sample of decisions classified as unorthodox show that judges are making determinations on the basis of two distinct sets of arguments built from the information found in a RIAS and which the author calls “technocratic” and “democratic”. The author argues that these uses raise the general question of “What makes law possible in our contemporary legal systems”? for they underline enduring legal problems pertaining to the knowledge and the acceptance of the law by the governed. She concludes that this new interpretive trend of making technocratic and democratic uses of a RIAS in case law should be monitored closely as it may signal a greater change than foreseen, and perhaps an unwanted one, regarding the relationship between the government and the judiciary.
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Since the advent of the Canadian Charter of Rights and Freedoms in 1982, Canadians courts have become bolder in the law-making entreprise, and have recently resorted to unwritten constitutional principles in an unprecedented fashion. In 1997, in Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island, the Supreme Court of Canada found constitutional justification for the independence of provincially appointed judges in the underlying, unwritten principles of the Canadian Constitution. In 1998, in Reference re Secession of Quebec, the Court went even further in articulating those principles, and held that they have a substantive content which imposes significant limitations on government action. The author considers what the courts' recourse to unwritten principles means for the administrative process. More specifically, he looks at two important areas of uncertainty relating to those principles: their ambiguous normative force and their interrelatedness. He goes on to question the legitimacy of judicial review based on unwritten constitutional principles, and to critize the courts'recourse to such principles in decisions applying the principle of judicial independence to the issue of the remuneration of judges.
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[RÉSUMÉ FRANÇAIS] Les Services documentaires adaptés aux personnes handicapées (SDAPH) de l'Université de Montréal ont pour objectif de rendre la documentation matériellement et intellectuellement accessible dans les délais les plus courts. Dans les locaux des SDAPH, plusieurs équipements adaptés sont disponibles et utilisés tant par le personnel que par les étudiants, afin de permettre la conversion des documents sous la forme convenant à chaque étudiant. Le personnel qualifié initie les personnes handicapées à l'utilisation des différents équipements adaptés à leurs besoins. Il voit à ce que chaque étudiant ait accès le plus tôt possible aux documents qui lui sont nécessaires, dans le respect de son échéancier académique et avec le support qui convient à son handicap.
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Un résumé en français est également disponible.