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To: Clive; fanfan; Pikamax; Former Proud Canadian; Great Dane; Alberta's Child; headsonpikes; Ryle; ...
Background on FR:
Landmark warrant ruling stuns border guards[Canada](Obtain warrant to search suspicious vehicle) ~ Globe and Mail ^ | 18 July 2007 | ROD MICKLEBURGH

My comment - #31 on thread:
yawn ... a low Court Judge attempting to make a name for herself ... as an officious moron.
Border agency to keep searching vehicles
~ Canadian Press via CTV, Updated Wed. Jul. 18 2007 5:51 PM ET


8 posted on 07/19/2007 6:54:40 AM PDT by GMMAC (Discover Canada governed by Conservatives: www.CanadianAlly.com)
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To: GMMAC
We should point out that a "provincial judge" is what was previously called a "magistrate" and "Provincial Court" was previously called "Magistrate's Court".

Provincial courts are courts of summary jurisdiction, dealing generally with offenses proceeded with by summary conviction, non-indictable offenses (misdemeanors at common law), family and juvenile courts, small claims courts and the conduct of preliminary hearings of indictable offenses (to determine whethere there is an arguable case to bind it over for trial).

They are not courts of inherent jurisdiction and while their decisions might be possibly persuasive, stare decisis does not attach to them, especially in respect of constitutional issues.

Essentially, she is a magistrate, not a court of inherent jurisdiction.

16 posted on 07/19/2007 12:33:42 PM PDT by Clive
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