What is the test for determining whether a breach of human rights has been committed in a civil case?
Alberta, Canada
The following excerpt is from R. v. Hoy, 2010 ABQB 575 (CanLII):
This factor looks to whether the breach seriously compromised the interests underlying the rights infringed. The deprivation of liberty represented by the unconstitutional detention in R v. Harrison was found, at para. 32, to be significant but not egregious.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have decisions by the Chief Commissioner of Human Rights and Human Rights have been treated in the context of discrimination cases? (Alberta, Canada)
What factors are considered to be determinative in determining whether a medical malpractice case is successful or unsuccessful? (Alberta, Canada)
What is the "just and convenient" test for determining whether the exceptional case test no longer applies? (Alberta, Canada)
What is the test for determining whether a jury is appropriate in cases involving conflicting expert opinions? (Alberta, Canada)
What is the test for determining whether a claimant has a right to equality before the law? (Alberta, Canada)
What is the case law on case-by-case privilege? (Alberta, Canada)
What is the range of general and pecuniary damages for discrimination against an employer in a human rights case? (Alberta, Canada)
What is the test for determining whether a defendant has a right to a speedy trial when there has been a long delay? (Alberta, Canada)
What is the test for a judge to determine whether a parent has a right to restrict access? (Alberta, Canada)
What is the burden of proof in a human rights case? (Alberta, Canada)
