|
Implied Bill Of Rights
The Implied Bill of Rights () is a judicial theory in Canadian jurisprudence that recognizes that certain basic principles are underlying the Constitution of Canada. The concept of an implied bill of rights develops out of Canadian federalism. When provincial legislation intrudes deeply into fundamental freedoms of speech, religion, association or assembly, the provincial legislature is creating criminal legislation, which under the distribution of powers is reserved exclusively to the Parliament of Canada by section 91(27) of the ''Constitution Act, 1867''. Provinces cannot intrude in this area; if they do, such legislation is void and has no effect. Since provincial prohibitions touching on the fundamental freedoms of speech, religion, assembly and association were declared unconstitutional by the courts, and in light of the expansive obiters in the leading cases, the writers were able to claim that there was a bill of rights implicit in the Constitution. Some constitutio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chaput V Romain
Chaput is a surname of French origin. It may refer to: *Charles J. Chaput, Roman Catholic archbishop emeritus of Philadelphia *Henri Chaput, French surgeon *Jean Chaput, French World War I flying ace * Jean Marc Chaput, Canadian politician *Marcel Chaput, Canadian politician *Maria Chaput, Canadian senator *Michael Chaput, Canadian hockey player *Solange Chaput-Rolland Solange Chaput-Rolland, (May 14, 1919 – November 1, 2001) was a Canadian journalist, author, lecturer, politician, and Senator. Born in Montreal, the daughter of Émile Chaput and Rosalie Loranger, she received her education from the Cou ..., Canadian journalist, writer, and senator * Stefan Chaput, Canadian hockey player {{surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Toronto (City) V Ontario (Attorney General)
''Toronto (City) v Ontario (Attorney General)'', 2021 SCC 34, is a landmark decision of the Supreme Court of Canada on freedom of expression and unwritten constitutional principles. By a 5–4 majority, the court held that the Government of Ontario's decision to reduce the size of the Toronto City Council in the middle of 2018 municipal election campaign did not violate either section 2(b) of the ''Canadian Charter of Rights and Freedoms'' or the unwritten principle of democracy. The court further held that unwritten constitutional principles could not serve as an independent basis to invalidate legislation. Background Constitutional law Section 92(8) of the ''Constitution Act, 1867'', gives provinces exclusive jurisdiction over municipalities. Section 3 of the ''Canadian Charter of Rights and Freedoms'' guarantees Canadian citizens the right to vote in provincial and federal elections, but does not mention municipal elections. The parties challenging Ontario's decision cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Re Secession Of Quebec
''Reference Re Secession of Quebec'', [1998] 2 SCR 217 is a landmark judgment of the Supreme Court of Canada regarding the legality, under both Canadian and international law, of a unilateral secession of Quebec from Canada. Both the Quebec government and the Canadian government stated they were pleased with the Supreme Court's opinion, pointing to different sections of the ruling. Background Following the election of a majority of Parti Québécois (PQ) National Assembly of Quebec, Members of the National Assembly (MNAs) in the 1976 Quebec general election, 1976 Quebec provincial election, the party formed a government and, in 1980, held an 1980 Quebec referendum, independence referendum. The government of the Province of Quebec asked the province's population if it should seek a mandate to negotiate sovereignty for Quebec coupled with the establishment of a new political and economic union with Canada. The referendum resulted in the defeat of the sovereignty option, with 59.6% v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ivan Rand
Ivan Cleveland Rand (April 27, 1884 – January 2, 1969) was a Canadian lawyer, politician, academic, and justice of the Supreme Court of Canada. He has been described as 'probably the greatest judge in Canada's history'. Early life and career Born in Moncton, New Brunswick, the son of Nelson Rand and Minnie Turner, he received a Bachelor of Arts degree from Mount Allison University in 1909. In 1912, he received a Bachelor of Law degree from Harvard Law School. He was called to the bar of New Brunswick in 1912. From 1912 to 1920, he practiced law in Medicine Hat, Alberta. Returning to Moncton in 1920, he joined the Canadian National Railways as a counsel. In 1924, he was named Attorney General of New Brunswick and was a member of the Legislative Assembly of New Brunswick from February to June 1925. Judicial career On April 22, 1943, he was appointed to the Supreme Court of Canada on the recommendation of William Lyon Mackenzie King. During his tenure, Rand delivered man ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: '' ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be '' ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antonio Lamer
Joseph Antonio Charles Lamer (July 8, 1933 – November 24, 2007) was a Canadian lawyer, jurist and the 16th Chief Justice of Canada. Career Lamer practised in partnership at the firm of Cutler, Lamer, Bellemare and Associates and was a full professor in the Faculty of Law, Université de Montréal, where he was also a lecturer in criminology. On December 19, 1969, at the age of 36, he was appointed to the Quebec Superior Court and to the Queen's Bench (Crown Side) of the province of Quebec. In 1978, he was elevated to the Quebec Court of Appeal and was appointed to the Supreme Court of Canada in 1980. Brian Mulroney named Lamer as Chief Justice on July 1, 1990. On January 7, 2000, Lamer took an unexpected early retirement after having served as chief justice for ten years. Several years after his death, former judges spoke about the situation surrounding his retirement. According to a 2011 article in ''The Globe and Mail'', in February 1999, a "delegation of three veteran j ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provincial Judges Reference
The ''Reference re Remuneration of Judges of the Provincial Court (P.E.I.)'' 9973 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of provincial court judges. Notably, the majority opinion found all judges are independent, not just superior court judges and inferior court judges concerned with criminal law, as the written constitution stipulates. Unwritten constitutional principles were relied upon to demonstrate this, indicating such principles were growing in importance in constitutional interpretation. The reference also remains one of the most definitive statements on the extent to which all judges in Canada are protected by the Constitution. The majority opinion established that independent compensation commissions are required to help set salaries free of political manipulation. These commissions, described by the majority as "an institutional sieve" and by the di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as '' Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Douglas Abbott
Douglas Charles Abbott, (May 29, 1899 – March 15, 1987) was a Canadian Member of Parliament, federal Cabinet Minister, and justice of the Supreme Court of Canada. Abbott's appointment directly from the Cabinet of Canada as Finance Minister to the Supreme Court was one of the most controversial in the Supreme Court's history. Early life Abbott was born in Lennoxville, Quebec (now Sherbrooke, Quebec). He attended Bishop's University, graduating with a Bachelor of Arts. He then attended McGill Law School, but interrupted his studies to sign up for service overseas, in 1916. Returning from the Great War, he completed his legal studies, earning his Bachelor of Civil Law. He then went to France to attend the Université de Dijon. Returning to Canada, he was called to the Barreau du Québec in 1921 and practised law in Montreal with the firm of Fleet, Phelan, Fleet & Le Mesurier. Political career Abbott successfully stood for election to the House of Commons in 1940, and remaine ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawrence Arthur Dumoulin Cannon
Lawrence Arthur Dumoulin Cannon (April 28, 1877 – December 25, 1939) was a Canadian lawyer, politician, and Puisne Justice of the Supreme Court of Canada. Born in Arthabaska, Quebec, the son of Lawrence John Cannon and Aurélie Dumoulin, he received a Bachelor of Arts degree in 1896 from Université Laval. In 1899 he received an LL.L also from Université Laval. He was called to the Bar in 1899 and practised law. His brother was Lucien Cannon, a politician and cabinet minister. In 1908, he was elected to the City council of Quebec City. In 1916, he was elected to the Legislative Assembly of Quebec for the riding of Québec-Centre as a Liberal. He was re-elected in 1919 but was defeated in 1923. He returned to private practice until he was appointed to the Court of King's Bench of Quebec in 1927. He was appointed to the Supreme Court in 1930 and served until his death in 1939. His great-nephew Lawrence Cannon Lawrence Cannon, (born December 6, 1947) is a Canadian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fort Frances Pulp And Paper V Manitoba Free Press
A fortification is a military construction or building designed for the defense of territories in warfare, and is also used to establish rule in a region during peacetime. The term is derived from Latin ''fortis'' ("strong") and ''facere'' ("to make"). From very early history to modern times, defensive walls have often been necessary for cities to survive in an ever-changing world of invasion and conquest. Some settlements in the Indus Valley civilization were the first small cities to be fortified. In ancient Greece, large stone walls had been built in Mycenaean Greece, such as the ancient site of Mycenae (famous for the huge stone blocks of its 'cyclopean' walls). A Greek ''Towns of ancient Greece#Military settlements, phrourion'' was a fortified collection of buildings used as a military garrison, and is the equivalent of the ancient Roman, Roman castellum or English language, English fortress. These constructions mainly served the purpose of a watch tower, to guard certa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
