Canadian law and justice - jingle-bells.info
to sexual activity and an overview of some of Canada's laws on sexual assault, The other person has a relationship of trust or authority over them, or they. Public laws set the rules for the relationship between a person and society and for the roles of different levels of government. This includes. Family law. In Canada, only a court can give you a civil divorce. not have to stay in an abusive relationship to keep your status in Canada.
Law of Canada - Wikipedia
The Revised Statutes of Canada is the federal statutory consolidation of statutes enacted by the Parliament of Canada. In each Canadian province, there is a similar consolidation of the statute law of the province. They contain all of the major topic areas and most of the statutes enacted by the governments in each province. These statutes in these provinces do not include criminal lawas the criminal law in Canada is an exclusive jurisdiction of the federal Parliament, which has enacted the Criminal Codewhich is included in the Revised Statutes of Canada.
Common law[ edit ] All provinces and territories within Canada, follow the common law legal tradition. As with all common law countries, Canadian law adheres to the doctrine of stare decisis.
For instance, all Ontario lower courts are bound by the decisions of the Ontario Court of Appeal and, all British Columbia lower courts are bound by the decisions of the British Columbia Court of Appeal. However, no Ontario court is bound by decisions of any British Columbia court and no British Columbia court is bound by decisions of any Ontario court.
Nonetheless, decisions made by a province's highest court provincial Courts of Appeal are often considered as " persuasive " even though they are not binding on other provinces. When there is little or no existing Canadian decision on a particular legal issue and it becomes necessary to look to a non-Canadian legal authority for reference, decisions of English courts and American courts are often utilized.2017/05/17: Senate hearing on Bill C16
Decisions from Commonwealth nations, aside from England, are also often treated as persuasive sources of law in Canada. A major difference between U.
Tompkinsand this is so taken for granted that the Supreme Court of Canada has never needed to actually rule upon the question. Law in Quebec For historical reasons, Quebec has a hybrid legal system.
Private law follows the civil law traditionoriginally expressed in the Coutume de Paris as it applied in what was then New France. Once you show that you no longer agree to the sexual activity, there is no longer consent. Your consent must be ongoing. In other words, you can take back your consent. Also, consenting to one kind of sexual activity does not mean you consent to any other sexual activity.
You can say NO to anything at any time. Can a person say that I consented if I was drunk? If you are drinking or high on drugs and unable to make a decision, the law does not consider that you consented.
You must be conscious to give consent. What if the person thought that I consented? If the person honestly and reasonably believed he or she had your consent to sexual activity, it may be a defence. However, a person cannot use this defence if: The police can charge anyone who forces sexual activity on you with sexual assault. It does not matter if the person is your spouse, your common law partner or your date. What if I agreed to see someone that I met online?
Just because you agreed to meet someone, does not mean that you consented to sexual activity. An Overview of Sexual Offences What is sexual assault? Assault is the intentional use of force against somebody without his or her consent. Trying to use force or threatening to use force may also be assault. Touching, slapping, punching, kicking or pushing are examples of assault. Sexual assault is any kind of assault that is of a sexual nature. Are there different kinds of sexual assault offences?
Sexual offences apply to different types of sexual contact, not just rape. The difference between offences depends on the nature of the assault and how much force the person uses.
The law recognizes a range of offences and punishments. Are there other sexual offences?
Law of Canada
Yes, there are several other sexual offences. This booklet will briefly touch on the following: Invitation to sexual touching is inviting a child under the age of 16 to touch directly or indirectly, the body of any other person. Sexual interference is touching a child under the age of 16, whether directly or indirectly, for a sexual purpose.
Luring a child is communicating with a young person using a computer in order to arrange or commit certain sexual offences. Voyeurism is the secret observation by any means or recording of any person for a sexual purpose, in circumstances where there is a reasonable expectation of privacy. The law considers it to be sexual exploitation for anyone in a position of trust or authority over a young person, to engage in sexual activity with them.
This includes a person on whom the young person is dependent. A young person is a person 16 years of age or more, but under 18 years. The courts would determine exploitation by the wrongful conduct of the person in the position of trust rather than the consent of the young person.
The law also provides for the protection of persons with mental or physical disabilities without any age restrictions. The courts would determine exploitation by the wrongful conduct of the exploiter rather than the consent of the young person.
Publication of Intimate Images without Consent: An intimate image is a picture or video of a person who is nude, partially nude, or engaged in sexual activity. The photos can be of a child or an adult. Even if the individual consented to the pictures or videos, it is an offence to distribute them if the individual had a reasonable expectation of privacy at the time they were taken. Your Rights as a Victim of Sexual Assault If the person who sexually assaulted me is charged, will I have to go to court?
A preliminary hearing is a hearing where a judge decides whether there is enough evidence to send the case to trial. If the case goes to trial, the Crown prosecutor can call you as a witness to testify, even against your partner or spouse.
Can I get help and support if I go to Court? Victim Services Coordinators can explain the court process to you and help you understand what will happen in court. Contact the provincial Victim Services Office nearest you. They can tell you about the special supports and assistance to help victims of sexual offences when they testify. They will also tell you about other services and programs for victims such as counseling and crime compensation.
Can the defence lawyer get copies of my counseling or medical records and ask me questions? Only if the judge decides this information has something to do with the case. A judge would hold hearings to decide whether the defence lawyer can have the records. The Crown prosecutor and the Victim Services Coordinator will explain the process to you.
Can the defence lawyer use my past sexual activities to suggest that I consented this time? Your past sexual activities with anyone other than the accused would not be considered relevant to the issue of consent for this particular offence. The defence lawyer cannot use evidence about your past sexual activities to show: Is the trial open to the public? Usually the trial is open to the public but you have a right to keep your identity protected.
This is called a publication ban. Victim Services will explain the various protections that may be available. Sentencing in Sexual Offence Cases What happens when a person is found guilty?
- Canadian law and justice
Usually the judge will not sentence the offender immediately. The judge will set a date for sentencing and may ask for a pre-sentence report on the offender. The pre-sentence report is done by a probation officer.