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RJR-MacDonald Inc. V. Canada (Attorney General)
''RJR-MacDonald Inc v Canada (AG)'', [1995] 3 S.C.R. 199 is a leading Canadian constitutional decision of the Supreme Court of Canada that upheld the federal Tobacco Act (Canada), ''Tobacco Products Control Act'' but struck out the provisions that prevented tobacco advertising and unattributed health warnings. Background RJR MacDonald Inc. and Imperial Tobacco challenged the Act as being ''ultra vires'' the federal government's criminal law power and peace, order and good government power, and as being in violation of the right to freedom of expression under Section Two of the Canadian Charter of Rights and Freedoms, section 2(b) of the Canadian Charter of Rights and Freedoms. Reasons of the court The Court upheld the Act as valid under the criminal law power but found that sections 4, 8, and 9 of the Act violated freedom of expression and could not be saved under section 1 of the Charter. There were four separate opinions given. Division of powers The Court found the Act was not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases (Lamer Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ... from appointment of Antonio Lamer as Chief Justice of Canada to his retirement. 19901994 19951999 See also * List of notable Canadian Courts of Appeals cases {{Supreme Court of Canada (1990-2000) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tobacco Case Law
Tobacco is the common name of several plants in the genus ''Nicotiana'' of the family Solanaceae, and the general term for any product prepared from the cured leaves of these plants. More than 70 species of tobacco are known, but the chief commercial crop is ''N. tabacum''. The more potent variant ''N. rustica'' is also used in some countries. Dried tobacco leaves are mainly used for smoking in cigarettes and cigars, as well as pipes and shishas. They can also be consumed as snuff, chewing tobacco, dipping tobacco, and snus. Tobacco contains the highly addictive stimulant alkaloid nicotine as well as harmala alkaloids. Tobacco use is a cause or risk factor for many deadly diseases, especially those affecting the heart, liver, and lungs, as well as many cancers. In 2008, the World Health Organization named tobacco use as the world's single greatest preventable cause of death. Etymology The English word 'tobacco' originates from the Spanish word ''tabaco''. The p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smoking In Canada
Smoking in Canada is Smoking ban, banned in indoor public spaces, public transit facilities and workplaces (including restaurants, Bar (establishment), bars, and casinos), by all Provinces and territories of Canada, territories and provinces, and by the Government of Canada, federal government. As of 2010, legislation banning smoking within each of these jurisdictions is mostly consistent, despite the separate development of legislation by each jurisdiction. Notable variations between the jurisdictions include: whether, and in what circumstances ventilated smoking rooms are permitted; whether, and up to what distance away from a building is smoking banned outside of a building; and, whether smoking is banned in private vehicles occupied by children. Some municipalities have laws restricting smoking further than the applicable national/provincial/territorial legislation. There have also been significant changes to public smoking regulations across the country following the legaliza ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1995 In Canadian Case Law
1995 was designated as: * United Nations Year for Tolerance * World Year of Peoples' Commemoration of the Victims of the Second World War This was the first year that the Internet was entirely privatized, with the United States government no longer providing public funding, marking the beginning of the Information Age. America Online and Prodigy offered access to the World Wide Web system for the first time this year, releasing browsers that made it easily accessible to the general public. Events January * January 1 ** The World Trade Organization (WTO) is established to replace the General Agreement on Tariffs and Trade (GATT). ** Austria, Finland and Sweden join the European Union. * January 9 – Valeri Polyakov completes 366 days in space while aboard then ''Mir'' space station, breaking a duration record. * January 10– 15 – The World Youth Day 1995 festival is held in Manila, Philippines, culminating in 5 million people gathering for John Paul II's concluding m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Freedom Of Expression Case Law
Canadians () are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity and Canadian values. Canada has also been strongly influenced by its linguistic, geograph ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases successfully appealed to the Court are generally of national importance. Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices. Understanding the background of the cases, the reasoning and the authorship can be important and insightful, as each judge may have varying beliefs in legal theory and interpretation. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from the ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms Case Law
Canadians () are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity and Canadian values. Canada has also been strongly influenced by its linguistic, geographic, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. The ''Bill of Rights'' exemplified an international trend towards formalizing human rights protections following the United Nations' ''Universal Declaration of Human Rights'', instigated by the country's movement for human rights and freedoms that emerged af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tobacco Act (Canada)
The ''Tobacco and Vaping Products Act'' () is a Canadian law to regulate the production, marketing and sale of tobacco and vaping products. The law replaced the ''Tobacco Act'', Bill C-71 during the 35th Canadian Parliament in 1997, which itself replaced the former ''Tobacco Sales To Young Persons Act'' of 1994 as well as the ''Tobacco Products Control Act'' of 1989. The ''Tobacco Act'' was amended on July 5, 2010 and renamed to ''Tobacco and Vaping Products Act'' in 2018 when similar laws concerning vaping products were added. Purpose The purpose of the Act is to protect the health of Canadians by imposing limits on the sale and production of tobacco products. It increases awareness of the health risks associated with use of tobacco products. The Act also protects young people by restricting the age of purchase. Regulations made under the Act Tobacco (Access) Regulations The legal age to purchase tobacco products varies with each province. A person may be asked for docum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Two Of The Canadian Charter Of Rights And Freedoms
Section 2 of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") is the section of the Constitution of Canada that lists what the ''Charter'' calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association. Section 1 of the ''Charter'' permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2. Additionally, these freedoms can be temporarily invalidated by section 33, the "notwithstanding clause", of the ''Charter''. As a part of the ''Charter'' and of the larger '' Constitution Act, 1982'', section 2 took leg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
