Duhaime's Law Dictionary


Absolute Definition:

Final, perfected, complete and unconditional.

Complete, final, unconditional or perfected.

In the context of evidence, a statute may provide for an absolute privilege for communications between victims of sexual assault or domestic violence and their therapists or trained counselors - a privilege that cannot be attacked or surmounted.

For example, in the USA, there are two types of divorce-- absolute and limited. An absolute divorce ... is a judicial termination of a marriage with both parties becoming single again. Several states refer to "limited" divorce which is really a misnomer since there is no divorce at all; merely a separation agreement.

Canada's Criminal Code, at ¶553, refers to the absolute jurisdiction as follows:

"The jurisdiction of a provincial court judge, or in Nunavut, of a judge of the Nunavut Court of Justice, to try an accused is absolute and does not depend on the consent of the accused where the accused is charged in an information with

(i) theft, other than theft of cattle,

(ii) obtaining money or property by false pretences,

(iii) unlawfully having in his possession any property or thing or any proceeds of any property or thing knowing that all or a part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from the commission in Canada of an offence punishable by indictment or an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment,

(iv) having, by deceit, falsehood or other fraudulent means, defrauded the public or any person, whether ascertained or not, of any property, money or valuable security, or

(v) mischief .... ,

(vi) "where the subject-matter of the offence is not a testamentary instrument and the alleged value of the subject-matter of the offence does not exceed $5,000...."


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