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Court Procedures

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Jurisdictional Errors and Certiorari Applications

The scope of judicial review of certiorari is very limited, only allowing review where “it is alleged that the tribunal has acted in excess of its assigned statutory jurisdiction or has acted in breach of the principles of natural justice which, by the authorities is taken to be an excess of jurisdiction”. This limited scope of review reflects the limited screening purpose of the preliminary inquiry, only allowing review for jurisdictional error, and not mistakes of fact or law.

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What is a Gardiner Hearing?

A Gardiner Hearing is when evidence is called during sentencing after an accused person has entered a guilty plea to outstanding charges, or in very rare instances has been found guilty after a trial. During a Gardiner Hearing evidence is presented to the Judge on...

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Criminal Court Glossary

Criminal Court Glossary Absolute Discharge – This is when a person has been found guilty of an offence but no conviction is registered on their criminal record. It is a finding of guilty without the consequence of a criminal record. Acquittal – An acquittal is a...

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Criminal Harassment in Canada

Criminal Harassment in Canada

Criminal harassment is a criminal offence under the Criminal Code of Canada. It is also sometimes referred to as "stalking." Criminal harassment involves engaging in repeated, unwanted behaviour toward someone that causes that person to fear for their safety or for someone they know. Given that...

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Can Police Enter House Without a Warrant?

Can Police Enter House Without a Warrant?

Enter House Without Warrant In most cases police require a warrant to enter your house. However, police are allowed to enter your house without a warrant in certain situations, such as when they have reason to believe that there is an emergency inside. There are also other very limited...

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