Monday, March 25, 2013

The Police Officers Manual definition of PERSON

The Police Officers Manual of Criminal Law and Criminal Offences 2000's definition of PERSON, is a tad different than the one they provide for US in the Criminal Code, as you'll see here:

PERSON. 1. The scope of "person" as set out in s.2 of the Criminal Code R.S.C. 1985, c. C-46 extends somewhat beyond the individual, covering additionally public bodies, corporations, societies and companies, but, groups having common characteristics such as race, religion, colour and ethnic origin ARE NOT included in the definition (R. v. Keegstra, [1990] 3 S.C.R. 697) 2. The term, as used in s. 203 of the Criminal Code, R.S.C. 1970, c. C-34 is SYNONOMOUS with the term "human being" (R. v. Sullivan, [1991] 1 S.C.R. 3. In the context of s. 11(b) of the Charter includes CORPORATIONS (R. v. *photocopy blurs here* Inc., [1992] 1 S.C.R. 843) 4. "Persons are of two classes only - natural persons and legal persons. A natural person is a human being, that has the capacity for rights or duties. A legal person is anything to which the law gives a legal or fictitious existence and personality, with capacity for rights and duties. The ONLY legal person known to our law is the CORPORATION - the BODY CORPORATE" (Hague v. Cancer Relief & Research Institute, [1939] 4 D.L.?*blurry* (Man. K.B.)).

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