What are the main elements in the crime of burglary? Burglary is typically recognized, from a legal perspective, as the unauthorized entry into any type of structure. A common misconception is that the crime of burglary is specific to breaking into a home or business; however, this is not the case. Moreover, for a burglary to occur there is no need for a physical breaking and entering, in fact, a burglary can be committed by an individual simply trespassing and walking into a structure through an
According to the Penal Code Section 459: “Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, etc., with intent to commit grand or petit larceny or any felony is guilty of burglary.” This is the section code for California that explains what burglary means. The FBI defines the term burglary as an “unlawful entry into a structure to commit a felony or theft, by forcible entry, unlawful entry where no force
Nov. 2013. Martin, Sheilah L. "R. V. Morgentaler Et Al." Canadian Journal Of Women & The Law 1.1 (1985): 194-205. Academic Search Complete. Web. 16 Nov. 2013. Melvin, Justice. "In The Supreme Court Of British Columbia." Issues In Law & Medicine 9.3 (1993): 309. Academic Search Complete. Web. 16 Nov. 2013. Milton, Neil. "Lessons From Rodriguez V. British Columbia." Issues In Law & Medicine 11.2 (1995): 123. Academic Search Complete. Web. 16 Nov. 2013. Rodriguez V. Attorney General Of Canada." Issues
cases made by medical professionals such as Doctor’s enjoy much more professional merit than the cases made by patients. However, this is not to say that challenges from patients cannot be compelling to the Courts, as we will see in the case of Eldridge v. British Columbia (Attorney General)
Apart from the other laws in Canada’s constitution, the Canadian Charter of Rights and Freedoms is an important law that affects every Canadian’s rights and freedoms. It was created in 1981 by former Prime Minister Pierre Trudeau to provide legal protection for the most important rights and freedoms. These rights include fundamental freedoms, democratic rights, mobility rights, and legal rights. Most but not all articles included in the Universal Declaration of Human Rights are protected in the constitution
It’s Impact on Society Throughout the 1900s, women had to resort to unsafe abortion methods because of the lack of laws that implement to protect women. In 1969, Henery Morgentaler opened the first abortion clinic to assist women with unwanted pregnancies. This clinic was one of the main factors that brought full legalization of abortion to the attention of the Canadian government. Previous studies have indicated that abortion debate has been a growing agreement surrounding moral and legal status
Canadian Charter of Right and Freedom and other human rights legislation is an effective tool for the people to ensure and maintain a just society. Canadian Charter of Right and Freedom as the fundation and most important part of Canadain law, is the fundmental of Canada society. Therefore, it is very important for it to be an effective tool to ensure and maintain a just and healthy society. First, the Charter helps the innocence and make sure they are protected. Second, the Charter cannot be infringed
In the Supreme Court of Canada’s decision on Chaoulli v. Quebec (Attorney General), [2005] 1 S.C.R. 791, 2005 SCC 35, the highest level of court in Canada ruled that Quebec Health Insurance Act and the Hospital Insurance Act violated the Quebec Charter. Court also found that Acts violated Section 1 of Quebec Charter in 4 to 3 decision which states that “every human being has a right to life, and to personal security, inviolability and freedom.” But Judge Deschamps did not found that Acts violated
As members of society we are told that the law is a predictable and reliable entity which is applicable to all individuals, despite the differences. This statement encourages us to abide by the law, and entrust it to make decisions that are best for us as individuals and as a community. Due to the formalism of law, it must be emphasized that there is a need for a compassionate component, to even the playing field. One way the law incorporates compassion into its system is through the use of juries
1968-69 introduced by Pierre Trudeau's Liberal government, legalized abortion in Canada as long as a committee of doctors signed off that it was necessary for the physical or mental well-being of the mother. In 1988, the Supreme Court of Canada ruled in R. v. Morgentaler that the existing laws were unconstitutional and struck down the 1969 law. Abortions in Canada are provided on request and funded by Medicare, to Canadian citizens and permanent residents (as with most medical procedures) in hospitals across
The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. The charter of rights and freedoms is an important piece of written law in the Canadian constitution. where every person in Canadian society became free in choosing the life and peoples desired under the law. The rights and freedom of people in Canada is protected under the Canadian charter of rights and freedom, it was entrenched into the constitution as part of the Constitutional act of
The state can not interfere with a women’s right to control her own body, as this would be interfering with her own basic rights to equal freedom and liberty. Abortion laws are unconstitutional as they take away a women’s basic autonomy through allowing for state interference in personal, bodily decision-making. Justice is only obtained when women have the right to their own body, and their own choices. John Rawls defined justice in two principles. First, that each person is to have an equal right