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  • Reflections on Prorogation as Michaelle Jean leaves office | Adam Goodman Law Office
    the whole situation while not necessarily good for Canada was interesting to watch both for entertainment and as an academic exercise One well known convention of our constitution is that a government cannot govern unless they have the confidence of the House of Commons The term itself is somewhat blurry Is it not the role of the Opposition to question government Is this opposition not in and of itself non confidence For the purposes of determining the authority of a government to govern the word confidence means that the House of Commons is permitting the passage of legislation that the government views as crucial to their mandate This would include the throne speech spending motions and certain major bills introduced by a Minister of the government If one of these bills is defeated then the government loses all authority to govern It then becomes the responsibility of the Prime Minister to inform the Governor General as such At this point writs will be issued for an election or a new party may be given the opportunity to gain the confidence of the House The question that Her Excellency faced today was whether the only way for the House to show its lack of confidence in the government is through the mechanism I described above the defeat of a motion of confidence Clearly it was determined that short of the Prime Minister coming to this conclusion on his own it would be difficult to make such a determination This was not much of an issue I highly doubt any Governor General would make this determination on their own Her Excellency also needed to determine whether it was appropriate to prorogue Parliament a move which would serve to end the weeks old session of Parliament stop all legislation and start again with a new throne speech in January It s a similar idea to dissolution except there is no election MPs stay in office the government retains full executive authority although there was talk this time around of limiting this authority in a manner similar to dissolution the Speaker stays in office etc It s typical for a Parliament to have 2 3 sessions before an election is called Here we will be starting the second session within four months of the previous election In my mind Her Excellency was correct in proroguing the House of Commons While she is the head of state it is common practice that she takes her advice from the Prime Minister It should not be her role to question the government on their reasons for prorogation The question then becomes whether the Prime Minister was justified in making this request In my mind he was not Quite simply a government needs to have the confidence of the House of Commons to govern That is our system The arguments made by the Conservative Party relating to the right of the coalition to form a government without having campaigned on such a plan making a deal with the

    Original URL path: http://www.aglaw.ca/legal-services/fraud/ (2014-05-04)
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  • Robbery Lawyer in Toronto, Ontario
    with an intention to steal or steals while armed with a real or imitation offensive weapon This differs from theft which is an offence that does not involve the use of violence Robbery offences usually falls under one of the following scenarios A individual steals and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing uses violence or threats of violence to a person or property A individual steals from any person and at the time he steals or immediately before or immediately thereafter wounds beats strikes or uses any personal violence to that person A individual assaults any person with intent to steal from him A individual steals from any person while armed with an offensive weapon or imitation of one As can be seen robbery may cover a range of different circumstances such as taking a small amount of change from an individual by threat or a bank robbery The charge however is a straight indictable offence What happens if you are convicted with a robbery charge in Canada Sentencing for various types of robbery will vary based on the aggravating and mitigating circumstances of both the offence and the offender and could range from an absolute or conditional discharge to a substantial term in the penitentiary The offence carries a maximum term of life imprisonment In cases where a firearm is used in the commission of the robbery there is a mandatory minimum punishment of four years in the penitentiary This is why it essential you seek the advice of a knowledgeable Toronto Defence Attorney to protect your rights Robbery offence FAQ What is Robbery Robbery is defined in s 343 of the Criminal Code it involves stealing an item and in committing the theft or while overcoming resistance

    Original URL path: http://www.aglaw.ca/legal-services/robbery/ (2014-05-04)
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  • Back to School: Post-Secondary Discipline | Adam Goodman Law Office
    for non academic offences may include suspension fines expulsion etc Often the first step for those accused of an academic offence is an informal meeting with the Dean or administrator of the student s faculty or program For less serious offences or cases where there is an explanation for the concern this meeting might end the matter Student s should exercise caution at this meeting While a student may feel their best option is to fully admit their wrongdoing in the hopes that the institution will exercise leniency an admission of guilt may harm the student s chances of being successful at a hearing and not prevent more severe consequences A formal hearing before an institution s academic non academic disciplinary tribunal or committee individual faculties may also have their own committees may commence The procedure for this hearing will be governed by institutional regulations and should be before an impartial arbiter At the hearing the institution will present its evidence and the student will have an opportunity to respond In cases where the student is found to have engaged in the alleged conduct the next step will be to determine an appropriate penalty There may be grounds of appeal for a student unhappy with the decision through internal institutional procedures Following all internal procedures judicial review may be possible It is not uncommon to hire a lawyer for assistance with these procedures A lawyer will be able to properly review institutional policies and procedures discuss the evidence with the individual accused of an offence negotiate with university college officials and provide representation at both informal meetings and formal hearings Posted on September 21 2010 by Adam Goodman in Education Academic Law Legal Subscribe Subscribe to our e mail newsletter to receive updates Related Posts Mental Health Issues Continue to

    Original URL path: http://www.aglaw.ca/legal-services/break-enter/ (2014-05-04)
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  • Sexual Assault Lawyer in Toronto, Ontario
    attorney who has the experience in courts with defending sexual assault charges What happens if you are convicted with a sexual assault charge in Ontario Being convicted of a sexual assault charge can be quite serious Sentencing for various types of assault charges will vary based on the aggravating and mitigating circumstances of both the offence and the offender Sentences can range from an absolute discharge to in the case of an aggravated assault a maximum of fourteen years in the penitentiary Potential sexual assault defences Factual innocence someone who did not commit an assault may wish to testify and tell their side of the story The Judge may then find them not guilty pursuant to a case called R v W D if their story is believed or if they are left in a state of reasonable doubt Consent in cases where the other party consented to sexual contact it can be argued that no sexual assault occurred Mistaken belief in consent Sexual Assault FAQs What is a sexual assault A sexual assault is any assault as defined in s 265 1 of the Criminal Code of Canada of a sexual nature committed in such a way that the sexual integrity of the victim is violated The court will apply an objective test to determine whether the assault is a sexual one Generally speaking an assault involving one s private areas will be considered a sexual assault Is a peace bond available for a minor sexual assault There is nothing precluding a peace bond being made available however the sexual nature of the assault may make it less likely than in cases of a minor assault absent the sexual component Only the Crown Attorney can consent to such a resolution before a trial What are the different types of

    Original URL path: http://www.aglaw.ca/legal-services/breach-recognizance-bail/ (2014-05-04)
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  • Suspension and Expulsion Lawyer in Toronto, Ontario
    other activity that under a policy of a board is an activity for which a principal must suspend a pupil and therefore in accordance with this Part conduct an investigation to determine whether to recommend to the board that the pupil be expelled As is clear from the final bullet point in each list a principal has a fairly widespread authority to suspend under either section for any act they deem worthy of such a consequence Suspensions under s 306 the first list which must include formal notice may be for 1 20 days The pupil may appeal the suspension within the specified time period at which point a hearing will be scheduled Suspensions under s 310 the second list which must include formal notice may be for 1 20 days The principal must also conduct an investigation which includes speaking to the pupil parent guardian if the pupil is a minor and any other relevant parties and determine whether to confirm the suspension and its duration confirm the suspension but shorten its duration this may be done even if the suspension has already been served or recommend an expulsion The recommendation for expulsion must a recommendation as to an expulsion from the school or all schools in the board which may extend to other school boards in the province as well as what programs the pupil might benefit from while expelled In cases where an expulsion is not recommended the pupil may still appeal the suspension in which case a formal hearing will be held Suspensions which are appealed do not result in the suspension being lifted pending the outcome of the appeal The pupil must still serve the suspension until a decision is reached Should the suspension be lowered or quashed the change will be noted in the student s record In cases where an expulsion is recommended the board must conduct an expulsion hearing within 20 days of the initial suspension unless all parties consent to adjourn the matter The pupil and their parents if they are a minor have the right to attend the hearing and be represented by counsel At a suspension or expulsion hearing the trustees sitting on the tribunal have the following powers Suspensions Confirm the original suspension Lower the duration again the suspension may have already been served of the suspension Quash the suspension in its entirety Expulsions Expel the pupil from all schools in the board which may extend to other school boards in the province Expel the pupil from their own school Implement a suspension of a length of 1 20 days Quash the initial suspension in its entirety In making their decision the trustees should consider all evidence before them including any mitigating factors There is no avenue of appeal mentioned in the Act Thus the method to challenge any decision of the tribunal is through a judicial review in the Superior Court of Justice The Act s 312 requires boards of education to provide education to all pupils

    Original URL path: http://www.aglaw.ca/legal-services/failure-comply-probation-order/ (2014-05-04)
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  • Sexual Assault Lawyer in Toronto, Ontario
    is why it is essential you hire a criminal attorney who has the experience in courts with defending sexual assault charges What happens if you are convicted with a sexual assault charge in Ontario Being convicted of a sexual assault charge can be quite serious Sentencing for various types of assault charges will vary based on the aggravating and mitigating circumstances of both the offence and the offender Sentences can range from an absolute discharge to in the case of an aggravated assault a maximum of fourteen years in the penitentiary Potential sexual assault defences Factual innocence someone who did not commit an assault may wish to testify and tell their side of the story The Judge may then find them not guilty pursuant to a case called R v W D if their story is believed or if they are left in a state of reasonable doubt Consent in cases where the other party consented to sexual contact it can be argued that no sexual assault occurred Mistaken belief in consent Sexual Assault FAQs What is a sexual assault A sexual assault is any assault as defined in s 265 1 of the Criminal Code of Canada of a sexual nature committed in such a way that the sexual integrity of the victim is violated The court will apply an objective test to determine whether the assault is a sexual one Generally speaking an assault involving one s private areas will be considered a sexual assault Is a peace bond available for a minor sexual assault There is nothing precluding a peace bond being made available however the sexual nature of the assault may make it less likely than in cases of a minor assault absent the sexual component Only the Crown Attorney can consent to such a resolution

    Original URL path: http://www.aglaw.ca/toronto-criminal-lawyer/bail-hearings (2014-05-04)
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  • Adam Goodman Law Office Forum
    directly All forum postings are public and are not subject to solicitor client confidentially User Name Password Remember me on this computer New User Register Now Forgot Password Forgot Password E mail Name Phone Email Question Latest Questions Tag Cloud academic and arrests assault battery break charges conflict criminal domestic drug DUI education entery expulsion federal felony fines fraud humiliation intoxication investment jail law laws legal misdemeanor narcotics penalties possession

    Original URL path: http://www.aglaw.ca/forum/?ptype=login&page1=sign_in (2014-05-04)
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  • Adam Goodman Law Office Forum
    password will be e mailed to you for future reference Password note password should be minimum of 5 characters long Full Name Other Information Your Web Site Phone Number Twitter URL Facebook URL Verification Code Enter Verification Code Enter the text as you see in the image Enter black colored text Only Name Phone Email Question Latest Questions Tag Cloud academic and arrests assault battery break charges conflict criminal domestic

    Original URL path: http://www.aglaw.ca/forum/?ptype=login&page1=sign_up (2014-05-04)
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