R. V. Saulte Ste Case Study
The case of R.v. Saulte Ste. Marie is an interesting case, where the city got into an agreement with a private corporation, for the disposal of waste that was within the city. The city was unable to maintain their operation of waste disposal. The private company started piling waste into the creek, to which they were eventually charged, as well as the city. This essay will be organized by answering the questions in chronological order; to which in the first question, I will be looking heavily into the case of R.v. Saulte Ste. Marie and Roach. It will incorporate the regulatory offences and the mental blameworthiness and how strict liability acts as a balance between the two. It will also include the defence of due diligence. Which would bring in the next question of absolute liability offences. I will be focusing on several other cases presented in class, R.v. Saulte Ste. Marie and Roach to further explain the question. Strict liability strikes a good balance between the regulatory offences and the principle that the morally blameworthy may be punished by having to prove that the prohibited act was done beyond a reasonable doubt. Negligence is presumed, unless the defence establishes a defence of …show more content…
The Supreme Court “invalidated an absolute liability offence, under the section seven of the Charter. It was on the basis that it “could send a person to jail for driving with a suspended licence when that person is not have subjective fault (that is she did not know or was not aware of the risk that her licence was suspended). It went on to describe that “absolute liability offences offend the principle of fundamental justice by punishing the morally innocent, they will not violate section 7 of the Charter, unless they threaten the accused’s right to life, liberty and security of the person. The courts have upheld absolute liability offences that could not result in
Case Study: Renneker V.
360 Words | 2 PagesDriver of vehicle 1, Renneker stated she picked up four customers for a carriage ride before traveling southbound on South Leonor K Sullivan Boulevard. Renneker said she observed the bridle over the horse eyes fall off; at which, she stopped and exited the carriage to reapply them. Renneker said she advised the passnegers to exit the carriage while she was reapply the bridle. Renneker said as she was reappling the bridle a helicopter took off from the landing paid and she believed it spooked the hourse. Renneker said the house took off running southbound on South Leonor K Sullivan.
Trinity Western V Law Society Of Upper Canada Case Analysis
1025 Words | 5 PagesCase Analysis: Trinity Western v. Law Society of Upper Canada In the following court case between Trinity Western University v. The Law Society of Upper Canada, Judges MacPherson, Cronk, and Pardu JJ, at the Ontario Court of Appeal, determine whether to grant accreditation to a private Christian University, that wants to open its own law school. The three-judge panel analyzes the Law Society of Upper Canada’s (LSUC) decision to not accredit Trinity Western’s proposed law facility, which took place in April 2014. The judges consider the Charter rights at stake, as well as the LSUC’s mandate. The case of TWU v. LSUC will be thoroughly examined, with a specific focus on key concepts that influence law-making, such as social development and change,
The Board Of Regents: Engel Vs Vitale
457 Words | 2 PagesEngel v. Vitale The Board of Regents for the state of New York authorized the students to say a volutary prayer and the pledge of allegience at the beginning of each day. The parents of the pupils disagreed to this because it is violating Ammendment 1. The parents sued the schools because it violated the freedom of religion granted to them. The case was decided in Warren court in 1962, the petitoner was Steven I. Engel, et al.
R. V. Noway Case Study
612 Words | 3 PagesOn the case of R. v. Noway, the court renders Noway not-guilty of the charges put forth on him which is the violation of the known and enacted criminal law 253 - operation of a motor vehicle while impaired. Criminal law seeks to provide justice to society. To be charged with a criminal offense, the prosecution must prove beyond a reasonable doubt that a crime has been committed. This ‘burden of proof’ precedent was established in R. v. Oaks case which enacted that, all elements of the criminal code must be met including the mental intention; in order for the courts to exercise their authority and punish an accused person. Moreover, the rule of law [(1) that the laws are known and enacted, (2) government action is authorized by law and (3) everyone is bound by the law] also renders laws to avoid arbitrariness so that it is clear when a person is in violation of the criminal code.
Dred Scott V. Sandford Case Study
1004 Words | 5 PagesSavannah Gitchel Mrs. Hodges-Bond Cambridge US History 3 October 2016 Meeting of the Minds Dred Scott The Dred Scott v. Sandford case was a pivotal point in leading America to civil war. The Supreme Court stated that even though Scott was in a free state, he was still the property of his owner and had to remain that way. Abolitionists were angered even further by this decision, whether they wanted complete abolishment, or just to stop the spread of slavery into the North. Reversely, the south was overjoyed with the decision.
Ronald Dworkin's Case Of The Queen V. Dudley And Stephens
1219 Words | 5 PagesThis paper discusses the case of The Queen v. Dudley and Stephens from November 7th, 1884 and the verdict that was reached by the judges who tried this case. Through thorough analysis of the texts it is clear that the final judgement, which was that Thomas Dudley and Edward Stephens was guilty of the murder of a fellow sea man, followed a method that examined both sides to the case to reach a verdict that seemed the most suitable and justified; in other words, Ronald Dworkin’s method of interpretive adjudication was followed, but due to the moral analysis of the laws and the situation it is evident that the method was not consistent with Hart’s legal positivism. The facts of the case and an explanation of the relevant theories are described below. The Queen v. Dudley and Stephens case was tried by Lord Coleridge along with others, that convicted Thomas Dudley and Edward Stephens of the murder of one Richard Parker at sea, in 1884.
Examples Of The Salvage Doctrine
1512 Words | 7 PagesThe court held that under the salvage teaching, contributory carelessness is not present if the rescuer had a sensible conviction that the
Palsgraf V. Long Island Railroad Case Study
414 Words | 2 PagesIssue: Different opinions convey that it isn’t firm that the Defendant’s actions were not the exact cause of the Plaintiff’s injuries. Justice Andrews concluded that the judgment should’ve been presented with more assertion. One of the most notable dissents in contemporary tort law, Justice Andrews in Palsgraf (Plaintiff) conveys what has become the matrix of one’s responsibilities and its connection to
Tiger Woods Case Summary
1142 Words | 5 PagesBesides the Barberton Company should compensate for the damages they caused for instance, breaking the wind screen of Elliot’s car. The jury will consider all the evidence in the context of the elements required to prove negligence of the defendant and render the verdict. Q7 The tort involved in this case is a liability tort known as strict liability.it is a tort that provides a guaranteed protection to those who are injured by conduct of law which may deem to be both serious and inexcusable. Mary land Heights should file a lawsuit against the Mallinckrodt for the damages caused.
R. V Dubois Case Summary
572 Words | 3 PagesFACTS In 2005, the accused was charged with acts of indecency held in a common bawdy-house. The accused ran a club within Montréal, that permitted couples and single people to engage in group sex. The club required paid memberships, which were obtained by interviews to establish that they understood the activities that took place within. Security was in place to ensure only members were allowed in.
Strict Liability In Criminal Law
2332 Words | 10 PagesIn this case, the defendant was accused of selling adulterated milk. It was sufficient for liability to prove that the milk was adulterated and that he was selling it ; his mistake that he had thought the milk was pure was irrelevant. Similarly in the much later case of Alphacell v. Woodward, liability was established under the section 2 (1) (a) of the Rivers ( Prevention of Pollution) Act 1951 by the defendants causing polluted water to enter a river. The fact that they had not known that the pollution was taking place and that they had mistakenly thought that their filtering system was operating efficiently did not exonerate them. So based on the illustrated cases, we can see clearly what is strict liability really is.
Tort Of Negligence Essay
1154 Words | 5 PagesThis rule was laid down by the Privy Council in the case of Overseas Tankship (UK) Ltd v Mortis Dock & Engineering Co Ltd (The Wagon Mound no 1). In this case the defendants spilled furnace oil from their ship into Sydney harbour and damaged the plaintiff’s wharf. The oil subsequently caused a fire when molten metal dropped into the water and ignited cotton waste floating in the port. The Privy Council held that the defendant is not liable. Because a reasonable man could not possibly have foreseen the wharf would be damaged in this way, as a result of the defendant’s act.
R V Ryan Case Study
630 Words | 3 PagesCase name + citation: R v Ryan [2013] 3 SCC Relevant facts: Ryan was in an abusive relationship with her husband, who repeatedly threatened her and her daughter with death and bodily harm [p4]. Due to the threats, Ryan believed that her husband would ultimately kill her and her daughter, if she did not take action to kill him first [p4]. Ryan hired multiple hit men, the final being an undercover RCMP officer who agreed to help [p5]. Ryan was charged under s. 464(a) of the Criminal Code with counselling the commission of an offense [p5]. However, Ryan stated her husband threatened her on multiple occasions and that killing her husband was the only rational solution [4].
R. V. Macdonald Case Study
1024 Words | 5 PagesR. v. MacDonald, 2014 SCC 3, [2014] 1 S.C.R. 37 Facts: In the court case R.v Macdonald, Sargent Boyd acted in response to a noise complaint, in Halifax towards the appellant Erin Lee Macdonald. Sgt. Boyd articulated Macdonald to open the door however he opened half-way. He detected Macdonald hiding an object behind his leg and asked him twice what it is however Macdonald didn’t answer.
Private Law Theory
796 Words | 4 PagesA recent judgement of the court involving the manager of a football club has sparked a lot of public interest and criticism. The court held that the manager, Alex Ferg could not hold a maintainable suit against the defendants as it involved multiple pharmaceutical companies. The works of Ernest Weinrib, a law professor at University of Toronto who developed the theories of private law were cited. Private law is an area of law which deals with private relationships between individuals including torts, contracts and restitution. Private law theorists believe that all of private law can be justified by ‘corrective justice’.
More about R. V. Saulte Ste Case Study
Case Study: Renneker V.
360 Words | 2 PagesTrinity Western V Law Society Of Upper Canada Case Analysis
1025 Words | 5 PagesThe Board Of Regents: Engel Vs Vitale
457 Words | 2 PagesR. V. Noway Case Study
612 Words | 3 PagesDred Scott V. Sandford Case Study
1004 Words | 5 PagesRonald Dworkin's Case Of The Queen V. Dudley And Stephens
1219 Words | 5 PagesExamples Of The Salvage Doctrine
1512 Words | 7 PagesPalsgraf V. Long Island Railroad Case Study
414 Words | 2 PagesTiger Woods Case Summary
1142 Words | 5 PagesR. V Dubois Case Summary
572 Words | 3 PagesStrict Liability In Criminal Law
2332 Words | 10 PagesTort Of Negligence Essay
1154 Words | 5 PagesR V Ryan Case Study
630 Words | 3 PagesR. V. Macdonald Case Study
1024 Words | 5 PagesPrivate Law Theory
796 Words | 4 Pages