Contempt of Court in Canada Essay -- essays research papers

Introduction This paper is concerned with the common law of contempt of court. More specifically, it outlines the arguments in favour of, and against, codifying this law. The purpose is to discuss problems with contempt of court, and make proposals to restructure the law. The first part of this paper will explain the openness principle, which is the balancing factor in respect of contempt of court. The second part will outline the common law offence of contempt of court and narrow the scope of this paper. The second part will set out and explain the arguments in favour of, and against, codifying the law. Finally, the last part of the paper will set forth some proposals for reform. The Openness Principle Even before freedom of expression was enshrined in our constitution, the judiciary noted that the basic principle governing judicial proceedings in Canada was their openness. Canadian courts are public institutions and accordingly, courtroom occurrences should be public business. As one Supreme Court justice stated, â€Å"openness was to be the rule; covertness the exception.† It was further noted that at every stage of the process, the rule should be one of public accessibility and judicial accountability. Now, since free expression has been espoused by Canadians and enshrined in the Canadian Charter of Rights and Freedoms , the openness principle has attained a constitutional basis. Advancement of the principle is made possible by the media, as news reports are the primary means by which the public obtains information about the courts. Hence, courts must be open to the media in order for them to be open to the public. This concept is not novel to Canada’s judicial system. In fact, in recognition of this notion, the system has allowed media exceptions to certain rules and regulations of the court. A limitation on the openness principle is found in the common law of contempt of court. The underlying foundation of this analysis is that contempt of court must be balanced with the openness principle because accurate and fair courtroom reports are an integral part of the due administration of justice. Contempt of Court, Generally Contempt addresses behaviour, actions, and publications that interfere with, or create a real risk of interfering with, the due administration of justice. It regulates a range of human activities that pose a risk of such interferenc... ...contempt were formed but rejected on the basis that codification would have made an unnecessarily restrictive offence even more restrictive. Then, in 1984, a bill was introduced which would have codified much of the law of contempt. The bill was never enacted and nothing has happened since. The time has come to reconsider these issues as the law is now in dire need of reform. To clarify, this paper is not suggesting that all contempt of court law be codified. That would be an almost impossible task for a paper of this length, given the complexity of this area of law. Instead, the focus has been on sub judice common law contempt, its effect on our rights and freedoms, and the arguments in respect of codification. Balancing the rights and freedoms of Canadians with the administration of justice, the logical step seems to be in the direction of codification. Other jurisdictions, such as the United Kingdom, have taken the positive step toward codification. Perhaps Canada should examine the progress of these jurisdictions, and determine whether their attempts to limit the scope of media restrictions, while protecting the interests involved in trial proceedings, have been successful.

Impact of Globalisation on Folk Culture Essay

It has been experienced that every step of movement towards economic, political and cultural modernization, taken by the state in India, is responded to by the people with an enhanced sense of self-consciousness and awareness of identity. Cultural modernization, sponsored by the forces of globalization, is resented if it encroaches upon or does not promote the core cultural values of society, its language, social practices and styles of life. The vigour of the renewed sense of self-awareness generated among the members of the local cultures and communities is such as to succeed in making adaptive reconciliation with the forces of globalization. The linkages both visible and invisible, defining the cultural interdependence among communities and regions in India which have existed historically, reinforce instead of threatening the national identity. These bonds seem to become stronger as India encounters the forces of modernization and globalization. Key Words: Globalization, Culture, Modernization, etc. Globalization is the process which expands and accelerates the movement of ideas and exchange of commodities over vast distances. From a global perspective, globalization’s most important impacts are often highly localized. Globalization really affects people with respect to their way of life, culture, taste, fashion, preferences, etc. It has led to good and bad effects on the lives of the people. With the dream of great opportunities, people used to move from east to west and vice-versa. But, the global financial crisis all over the world resulted in reverse migration. Researches had proved that many foreign-born workers; mainly from China and India, have considered returning home to better job opportunities.

Stem Cell Research A Controversial Topic Discussing Life...

Isabel Martinez Kegley Health Science- 4th period 22 September 2015 Stem Cell Research Stem cell research is a controversial topic discussing life or death. Stem cells have the capability to turn into many different cell types essentially saving lives that may need specific parts that the stem cell can create. The embryo being used dies which makes this topic very controversial because the unborn child is being killed for research. Although stem cell research treats people from chronic diseases which therefore saves lives which is very crucial, there are a lot of people who deny this research because of ethical dilemmas. There are two types of cells: adult stem cells and embryonic stem cells. Embryonic stem cells are produced when a†¦show more content†¦In my opinion, stem cell research is not wrong at all and no one technically dies from it. In the article â€Å"What are embryonic stem cells?† by the U.S. Department of Health and Human `Services, the authors says that embryonic stem cells â€Å"...are not derived from eggs fertilized in a woman s body† (1). Therefore, if the egg hasn’t even been fertilized before it is aborted, technically the egg was never a baby because the sperm didn’t get to it on time. This means that the egg did not get fertilized in time in order for it to be considered a human. So, if a human-being never formed, how can someone claim that it has been killed if it never existed? Lindsay Lyon, a graduate from the Indiana University of Bloomington and editor of the U.S. News and World Report, wrote an article about eight diseases that embry onic stem cells have been proven to cure. In her article, â€Å"Stem Cells: 10 Diseases They May- or May Not- Cure†, she discusses how embryonic stem cells helped a paralyzed individual regain some feeling and have some control over their lower extremities. She says that the â€Å"...objective was to help people with spinal cord injuries†¦Ã¢â‚¬  (1). Embryonic stem cells helped paralyzed people and now they can somewhat move which is greater from not moving at all. Some students at Harvard University cured lab mice from diabetes., the