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R v Coote : ウィキペディア英語版
R v Coote

''R v Coote'' is a Canadian constitutional law court decision dealing with the powers of the provinces under the ''Constitution Act, 1867''〔(''Constitution Act, 1867'', 30 & 31 Victoria, c. 3. (U.K.). )〕 (formerly the ''British North America Act, 1867''). The point in issue was whether Quebec had the constitutional authority to create a mandatory inquiry power for provincial fire commissioners.
The case was ultimately decided by the Judicial Committee of the Privy Council, at that time the court of last resort for Canada within the British Empire. It was the first decision by the Judicial Committee interpreting the ''Constitution Act, 1867''. The Judicial Committee held that the mandatory inquiry power was within provincial authority. The Judicial Committee also held that evidence given by an individual in response to a mandatory inquiry could later be used as evidence against that individual in a criminal prosecution for arson.
== Facts of the Case ==

In 1871, there was a fire in the warehouse owned by the accused, Edward Coote, in Montreal, Quebec. Fire commissioners appointed under provincial law investigated the fire. In the course of their investigation, they twice interrogated Mr. Coote. Under the authority granted by provincial law, Mr. Coote was required to respond to the questions of the fire commissioners. Subsequently, Mr. Coote was charged with four counts of arson with intent to defraud various insurance companies. He was tried before a single judge of the Quebec Court of Queen's Bench, sitting with a jury. The Crown successfully entered the two depositions in evidence. The jury convicted Mr. Coote. The trial judge reserved questions of law for the full Court to consider, including the validity of the provincial statute and the admissibility of the depositions in evidence against the accused.〔''R v Coote'', pp. 604-605 (L.R.), pp. 1-2 (UKPC).〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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