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| Â | Crown Immunity Breached by Asbestos Claimants |
 | | The existence of Crown immunity, it was said, was an arbitrary and blanket ban on the claimants having their right to compensation determined by a court of law. | | | The Crown Proceedings Act 1947 was passed ending Crown immunity for injury claims by civilian government employees and other categories of claims against the Crown, but keeping immunity for injury claims by serving members of the armed forces. | | | The claimants also argued that, if the 1947 Act was not clear, the UK Human Rights Act obliged the court to interpret the Crown Proceedings Act so as to be consistent with the claimants’ right to have a hearing of their case. |
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http://www.ibas.btinternet.co.uk/jt_crown_immunity.htm
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| Â | Crown Immunity Prosecution Manslaughter |
| | "Crown immunity from liability for common law crimes such as manslaughter, and for health and safety offences causing death, gives rise to a clear risk of a breach of the Convention principles set out above. | | | The advice also states that the current position on crown immunity will sooner or later lead to a violation of UK's human rights convention obligations. | | | The lawyers also state that the immunity provided at present to crown bodies for the current offence of manslaughter or for health and safety offences (following a death) is also likely to lead to violations of the Human Rights Act 1998 in the circumstances of a particular case. |
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http://www.corporateaccountability.org/press_releases/2003/01dec.htm
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| Â | BCCLA Position Paper: Legal position of the Crown, 1972 |
| | This study is an exhaustive review of the law regarding Crown liability and immunity, with the exception of the problem of liability for costs in criminal cases where the Crown is shown to have acted improperly, rashly or generally without justification. | | | It also covers Crown immunity from injunctions, the necessity to review documents in civil cases, Crown privilege generally, costs and jury trials. | | | The working paper is an almost exhaustive review of the law on Crown liability and immunity. |
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http://www.bccla.org/positions/dueprocess/72crown.html
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| Â | Nelles v. Ontario |
| | Crown -- Immunity -- Civil action -- Malicious prosecution -- Whether Crown, Attorney General and Crown Attorneys are immune from suit for malicious prosecution -- Whether a ruling on the issue of prosecutorial immunity should be made on an appeal of a preliminary motion -- Proceedings against the Crown Act, R.S.O. 1980, c. | | | Any consideration of Crown liability must now be based upon the Act and I do not find it necessary for the purposes of this case to consider the common law position respecting Crown immunity. | | | Furthermore, the Attorney General's immunity from judicial review, which is based on the exercise of a judicial function, does not equate with immunity from civil suit for damages for wrongful conduct in the performance of prosecutorial functions which do not involve the exercise of a judicial function. |
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http://www.canlii.org/ca/cas/scc/1989/1989scc83.html
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| Â | March 12, 1999 |
| | The issue of Crown privilege could arise if, as in the Smallwood case, an inquiry were to compel the testimony or the production of documents by former representatives of the provincial Crown. | | | A claim of "Crown privilege" or "public interest privilege" can be made by present or past representatives of the Crown to avoid a legal obligation to provide evidence. | | | Sparling, Wilson J. writing on behalf of a unanimous Supreme Court, rejected Joey Smallwood's claim to complete testimonial immunity based on Crown immunity on the grounds that he was no longer a representative of the Crown. |
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http://www.web.net/~inquiry/opinion.htm
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| Â | NSWOSR SD41 (4 November 1986) - CROWN IMMUNITY FROM STAMP DUTY - COMMONWEALTH INSTRUMENTALITIES |
| | There is a large body of case law which makes it clear that the immunity of the Crown does not necessarily mean that because the Crown is a party to a transaction, an other party will be exempt if that party is the person liable for duty. | | | A further "limitation" on the principle of Crown immunity is that the immunity extends only to the Crown in the right of the legislating Government. | | | There is a common law presumption that the Crown is not bound by statute except where the statute by express words or necessary implication evinces an intention that the Crown should be bound. |
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http://www.austlii.org/au/other/NSWOSR/SD/41.html
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| Â | Sovereign immunity |
| | Sovereign immunity or crown immunity is a type of immunity that, in common law jurisdictions traces its orgins from early English law. | | | Even the accusation of criminal fault on a monarch personally would most certainly precipitate a constitutional crisis calling into question the legitimacy of the legislative system as in British parliamentary systems since the Crown is considered a part of the Parliament, causing it to function properly. | | | Foreign Sovereign Immunities Act of 1976 With Amendments: A Legislative History of Pub. |
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http://www.freeglossary.com/Crown_Immunity
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| Â | Crown Immunity and the Contracting Out of Government Services |
| | Crown Immunity and the Contracting Out of Government Services | | | It is also to be noted that the liability of the Crown regarding contracts may be limited, or extinguished, by the doctrine of 'Executive Necessity' and the rule that the Crown may not fetter statutory or executive discretions by contract. | | | The Crown Proceedings legislation (common to all Australian jurisdictions) provides that ηproceedings may be brought and conducted by or against the Crown in the same way as proceedings between subjects'. |
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http://www.audit.sa.gov.au/97-98/a3/crownimmapp.html
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| Â | Centre for Corporate Accountability |
| | The Centre for Corporate Accountability is publishing for the first time the procedures agreed between the Cabinet Office and the Heath and Safety Executive (HSE) on enforcing health and safety law in Crown Bodies. | | | Instead there is a procedure of "Crown Censure" – set out in the Cabinet Office memo. | | | Under present law crown bodies can not be prosecuted for health and safety offences. |
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http://www.corporateaccountability.org/press_releases/26Sept02.htm
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| Â | money_2003 |
| | Yet the King agreed to the issuing of new, unbacked pseudo-money, which was "legitimized" by the illusion that it was "backed by the Crown", when, in fact, the Crown was in no position to back anything. | | | In other words, this was a fraud at the outset, made legal only by the sovereign immunity of the King from prosecution by his own courts. | | | The privilege of printing money was, up until that time, limited to the Crown. |
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http://www.ark-of-salvation.org/money_2003.htm
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| Â | Chapter Four - Review of the Fences Act 1968 |
| | Always, the ultimate questions must be whether the presumption against the Crown being bound has, in all the circumstances, been rebutted, and, if it has, the extent to which it was the legislative intent that the particular Act should bind the Crown and/or those covered by the prima facie immunity of the Crown. | | | By section 3 of the Act, 'occupier' is defined to include 'any person...entitled as owner to occupy any land purchased from the Crown under a contract of sale or alienated from the Crown by grant lease or licence', and any person 'in the actual occupation of' such land. | | | The reason, without doubt, is a justified reluctance on the part of the courts to extend the special privileges of the Crown any further than necessary...The result is that the status of Crown-agent (at common law) will only be extended to public bodies that are fairly closely controlled by the executive. |
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http://www.parliament.vic.gov.au/lawreform/fences/4.html
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| Â | Friends of the Earth Northern Ireland: Press Release: 2004: Crown Immunity in court? |
| | Friends of the Earth’s Northern Ireland Director, John Woods, said: “We believe that Water Service’s Crown Immunity is a breach of Article 10 of the Treaty of Rome as well as a large body of case law from the European Court [3]. | | | We would expect this to be an open and shut case for the Court - Member States have an obligation to enforce European law and Northern Ireland has been deliberately obstructing the law by failing to remove the anachronism of Crown Immunity.”; | | | Friends of the Earth Northern Ireland: Press Release: 2004: Crown Immunity in court? |
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http://www.foe.co.uk/northern_ireland/press_releases/2004/crown_immunity_in_court.html
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| Â | alberta government telephones v. (canada) canadian radio-television and telecommunications commission |
| | Crown -- Immunity -- Agent of provincial Crown operating provincial telecommunications system -- If system otherwise subject to federal regulation, whether or not provincial Crown bound by federal regulatory provisions -- Interpretation Act, R.S.C. 1970, c. | | | The doctrine that Crown immunity is lost when a Crown agent exceeds its statutory mandate makes particular sense in a unitary state where the regulating authority and the Crown agent fall under the same jurisdiction. | | | Parliament or the legislature can be assumed to have granted the immunity from its own regulation for specific purposes only; where the Crown acts for an extraneous purpose any reason for the grant of immunity is lost. |
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http://www.lexum.umontreal.ca/csc-scc/en/pub/1989/vol2/html/1989scr2_0225.html
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| Â | House of Commons - Public Accounts - Fourteenth Report |
| | Crown immunity does not provide protection from civil claims. | | | We sought to establish whether the fact that the Royal Mint enjoys the protection of Crown immunity had contributed to the weaknesses and failings in health and safety procedures uncovered by the HSE investigation. | | | In the case of health and safety legislation, whilst the law applies to the Royal Mint, the results of HSE investigations—as in this case—can only result in Crown censure. |
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http://www.parliament.the-stationery-office.co.uk/pa/cm200203/cmselect/cmpubacc/588/58804.htm
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| Â | Can Private Contractors Claim Crown Immunities? (Research Note 25 1998-99) |
| | Whether derivative Crown immunity ought to be available to private companies contracted to government is thus an important policy issue which stands at the centre of the contemporary practice of government contracting. | | | The Full Federal Court said that it would 'make a mockery of Crown immunity' if private companies, retained by the Crown to perform a particular act, were bound by a statute to which the Crown itself was immune. | | | In litigation with citizens, the government and governmental bodies are often able to claim certain immunities or privileges on the basis that these are inherent to 'the Crown'. |
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http://www.aph.gov.au/library/pubs/rn/1998-99/99rn25.htm
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| Â | Friends of the Oldman River Society v. Canada (Minister of Transport) |
| | Crown -- Immunity -- Provinces -- Whether Crown in right of province bound by provisions of Navigable Waters Protection Act, R.S.C., 1985, c. | | | The Crown in right of Alberta is bound by the Act, for it is the only practicable procedure available for getting approval. | | | Were the Crown in right of a province permitted to undermine the integrity of the essential navigational networks in Canadian waters, the legislative purpose of the Navigable Waters Protection Act would effectively be emasculated. |
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http://www.lexum.umontreal.ca/csc-scc/en/pub/1992/vol1/html/1992scr1_0003.html
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| Â | FRANCIA |
| | It also can mean "free," as in the "franking" privilege of sending free mail, or as in "franchise," which is the grant of some privilege or immunity. | | | For some time, however, the Dauphiné was still legally part of the Kingdom of Burgundy rather than France and was held as a personal possession by the Dauphin. | | | When they died without issue, all of Toulouse reverted to the Crown. |
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http://www.friesian.com/francia.htm
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| Â | Westbank First Nation v. British Columbia Hydro and Power Authority |
| | Constitutional law -- Crown -- Immunity -- Taxation -- Exemption of public lands -- Indian band passing assessment and taxation by-laws pursuant to the Indian Act -- Whether by-laws impose taxes -- Whether by-laws constitutionally inapplicable to provincial utility -- Constitution Act, 1867, s. | | | Although this clause refers to "taxes", these must be interpreted to refer to those taxes authorized under the Constitution, as explicitly provided by the by-law, such as provincial taxes, which the province can levy on one of its agents: La Forest, supra, at pp. | | | However, the parties disagree as to whether the Court of Appeal was correct in describing these by-laws as "taxation", founded upon s. |
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http://www.lexum.umontreal.ca/csc-scc/en/pub/1999/vol3/html/1999scr3_0134.html
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| Â | Environmental Health News Outcry over Royal Mint's immunity |
| | Crown censure proceedings, under which hearings and investigations are held, take place in private. | | | The CCA also claims that procedures agreed between the Cabinet Office and the HSE, for enforcing health and safety legislation in crown bodies are unfair. | | | The CIEH is backing the position of the Centre for Corporate Accounta-bility, which is calling for an end to crown immunity from prosecution under health and safety legislation. |
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http://www.ehn-online.com/cgi-bin/news/news1/EpFFZuypVZWRSYzJZw.html
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| Â | icWales - Widow hits out at Crown immunity |
| | But the Mint cannot be taken to court because it has Crown Immunity. | | | The family of Mr Wynne, a father-of-two, hit out at the archaic law which protects the Royal Mint from legal action. | | | After the hearing, Catrina Wynne, of Gilfach Goch, near Pontypridd, said, "It was the right verdict but it is terrible that with Crown Immunity the guilty people cannot be brought to justice. |
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http://icwales.icnetwork.co.uk/0100news/0200wales/page.cfm?objectid=12916841&method=full&siteid=50082
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| Â | Crown immunity (or impunity?) |
| | I've heard the term "crown immunity" bandied around a lot in the last few days. | | | But it is obvious that it took a lot of careful twisting of words to do this. |
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http://www.howlingatthemoon.com/_NEWSTALK/0000152e.htm
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| Â | Call To Remove Crown Immunity On Health & Safety Offences |
| | Illustrating the unfairness of the protection of crown immunity, PCS points to the recent asbestos case against the Department for Education and Skills on the HSE crown censure database and compares it to similar cases on the HSE’s prosecution database where: | | | Fareham College was fined £24,000 with £18,000 costs for breaches of the asbestos at work regulations | | | “The problems with crown immunity were well documented earlier this year over the death of a worker at the Royal Mint and despite this and a government commitment in June 2000, we have seen no real progress in getting rid of crown immunity.” |
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http://www.pcs.org.uk/Templates/Internal.asp?NodeID=883462
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| Â | Plant Tomato |
| | The archdeacon had in Quasimodo the most submissive slave, the most docile lackey, the most vigilant of dogs. | | | The man took the crown and pointed out the road, but he seemed hardly to know what he was saying, and stared at the marquis in a strange manner. | | | But it was already too late, for he was surrounded by dragoons, and the only way of retreat open to him lay over a large rock. |
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http://plant_tomato.poolrats.com/
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| Â | DT applications and claims in CNR: Crown Immunity, Sovereign Immunity and Diplomatic Privilege |
| | Revenue Policy, International, Personal Tax Group is responsible for determining whether Crown or Sovereign Immunity applies. | | | This immunity, which is known as Sovereign Immunity from taxation, has its origins in a general principle of international law that one Sovereign should not subject another to its municipal laws. | | | Sovereign Immunity from taxation does not apply to income arising to and beneficially owned by a legal entity that is separate from the foreign Government, even though that government may own the whole of the share capital. |
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http://www.ir.gov.uk/manuals/intmanual/INTM368520.htm
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| Â | icWales - WIDOW FIGHTS ON TO SUE ROYAL MINT |
| | If I can't sue the Mint then why can't I take the managers to court?" | | | A VALLEYS widow has joined a national drive to scrap Crown Immunity laws which prevent her suing the Royal Mint over her husband's death. | | | In a statement the Royal Mint pointed out Crown Immunity did not protect any employee from being sued, but investigations by the HSE and police concluded without any charges. |
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http://icwales.icnetwork.co.uk/0300business/0420startingup/page.cfm?objectid=13586183&method=full&siteid=50082
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| Â | Media Visions Journal - Meet Thomas Paine |
| | A French law allowed citizens of nations at war with France to be arrested. | | | But then the Assembly stripped away his French citizenship, which deprived him of membership in the Convention, which erased his legal immunity. | | | If the colonies would liberate themselves and declare a free republic under natural law, reflecting nature's God, he argued that America's shining example would enlighten the world. |
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http://www.media-visions.com/tompaine.html
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| Â | CATHOLIC ENCYCLOPEDIA: Immaculate Conception |
| | The decree of the first Council of Baltimore (1846) electing Mary in her Immaculate Conception principal Patron of the United States, was confirmed on 7 February, 1847. | | | the sanctification of Mary took place before the infusion of the soul into the fiesh, so that the immunity of the soul was a consequence of the sanctification of the flesh and there was no liability on the part of the soul to contract original sin. | | | Between 20 September 1839, and 7 May 1847, the privilege of adding to the Litany of Loretto the invocation, "Queen conceived without original sin", had been granted to 300 dioceses and religious communities. |
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http://www.newadvent.org/cathen/07674d.htm
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| Â | 1998 - Wikipedia, the free encyclopedia |
| | February 10 - A college dropout becomes the first person to be convicted of a hate crime committed in cyberspace. | | | Crown Prince Abdullah becomes the ruler of Jordan by decree of his father, King Hussein. | | | transactional immunity in exchange for her grand jury testimony concerning her relationship with US President |
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http://en.wikipedia.org/wiki/1998
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| Â | Mints' Crown immunity from various forms of prosecution, Pretty Poison.mp3, 01592, president blair.made in fife ... |
| | Fidmithgascoin ex-UK Farthing frozen @ £00.50p UK by order of the President of the Royal Bank of Mitholia. | | | Mints' Crown immunity from various forms of prosecution, Pretty Poison.mp3, 01592, president blair.made in fife kirkcaldy 205323, Love Baffles Me is my favourite Scultish song. | | | The UK Public Accounts Commitee demanded an end to the Mints' Crown immunity from various forms of prosecution. |
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http://stoneofdestiny.com/scultishmusician/royalmintimmunity.html
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| Â | BBC NEWS Politics Royal Mint 'should lose Crown immunity' |
| | The committee said: "It is unacceptable the Mint should hide behind Crown immunity in such circumstances." | | | In a report published on Thursday, the public accounts committee also lambasted Mint bosses for a failed plan to produce euro coins that cost taxpayers £12m and put 220 people out of work and mistakes that led to the theft of £30,680 and an operating loss in 2001 of £6.5m. | | | An employee's death has prompted a powerful committee of MPs to call for an end to the Royal Mint's Crown immunity from prosecution. |
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http://news8.thdo.bbc.co.uk/1/hi/uk_politics/2954935.stm
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| Â | BBC News NORTHERN IRELAND Crown immunity queried over pollution |
| | "Because they are Crown installations they have immunity from prosecution." | | | A Northern Ireland Assembly committee has expressed concern about government agencies which pollute rivers having immunity from prosecution. | | | He said this led many to believe proper controls were not being exercised by Crown organisations. |
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http://newsimg.bbc.co.uk/1/low/northern_ireland/935636.stm
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