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Habeas Corpus In Canada, Robert J. Sharpe
Habeas Corpus In Canada, Robert J. Sharpe
Dalhousie Law Journal
Habeas corpus is a subject which has not attracted much attention from legal writers and there has been no thorough examimation of the nature of review which may be exercised on habeas corpus.1 The aim of this article is to provide a critical and comprehensive account of the scope of review which is available on habeas corpus in Canada. The subject is a technical one but may be of crucial importance in those situations where habeas corpus is still a useful remedy. It is not proposed to discuss all aspects of the law of habeas corpus but simply to outline …
Habeas Corpus In Canada, Robert J. Sharpe
Habeas Corpus In Canada, Robert J. Sharpe
Dalhousie Law Journal
Habeas corpus is a subject which has not attracted much attention from legal writers and there has been no thorough examimation of the nature of review which may be exercised on habeas corpus.1 The aim of this article is to provide a critical and comprehensive account of the scope of review which is available on habeas corpus in Canada. The subject is a technical one but may be of crucial importance in those situations where habeas corpus is still a useful remedy. It is not proposed to discuss all aspects of the law of habeas corpus but simply to outline …
Corporate Conspiracy: Problems Of Mens Rea And The Parties To The Agreement, M. R. Goode
Corporate Conspiracy: Problems Of Mens Rea And The Parties To The Agreement, M. R. Goode
Dalhousie Law Journal
The essence of conspiracy is the agreement or plot formed between two or more parties. Thus, in R. v. Aspinall, for example, Brett J. A. said: ". . . . the crime of conspiracy is completely committed, if it is committed at all, the moment two or more have agreed that they will do, at once and at some future time, certain things." It follows that criminal conspiracy may be loosely defined as a criminal contract: an agreement between two or more "persons". Emphasis will be placed upon the elements of that required agreement in the discussion that follows. First, …