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Reference Re Manitoba Language Rights
''Reference Re Manitoba Language Rights,'' 9851 S.C.R. 721, was a reference question posed to the Supreme Court of Canada regarding provisions in the '' Manitoba Act, 1870'' stipulating the provision of French language services in the province of Manitoba. The Court heard the appeal in June 1984 and gave its ruling a year later, on June 13, 1985. Four questions were asked: # Are sections 133 of the ''Constitution Act, 1867'', and 23 of the ''Manitoba Act, 1870'', requiring laws be in both French and English, mandatory in Manitoba, Quebec, and Parliament? # If so, are those Manitoban laws not printed in both languages invalid under section 23 of the ''Manitoba Act, 1870''? # If so, do the laws have any force and effect, and if so to what extent? # Are any of the provisions of '' An Act Respecting the Operation of Section 23 of the Manitoba Act in Regard to Statutes'' inconsistent with section 23 of the '' Manitoba Act, 1870'', and if so are the provisions invalid and of no legal f ...
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Reference Question
In law of Canada, Canadian law, a reference question or reference case (formally called abstract review) is a submission by the Canadian government, federal or a Provinces and territories of Canada, provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation. Constitutional and statutory authority Reference jurisdiction of the Supreme Court of Canada The ''Constitution Act, 1867'', gives the federal Parliament the power to create a "General Court of Appeal for Canada", but does not define the jurisdiction of the Court.''Constitution Act, 1867'', s. 101. When Parliament created the Supreme Court of Canada in 1875, it gave the Cabinet of Canada, federal Cabinet the power to refer questions to the Supreme Court for the Court's opinion.''The Supreme and Exchequer Court Act'', S.C. 1875, c. 11. That provision has been carried forward and is now found in the current ''Supreme Court Act''. ...
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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 ...
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Manitoba Act, 1870
The ''Manitoba Act, 1870'' ()Originally entitled (until renamed in 1982) ''An Act to amend and continue the Act 32 and 33 Victoria, chapter 3; and to establish and provide for the Government of the Province of Manitoba.'' is an act of the Parliament of Canada, and part of the Constitution of Canada, that provided for the admission of Manitoba as the fifth province of Canada.Rea, J.E., Jeff Scott, and Andrew McIntosh. February 7, 2006.Manitoba Act" ''Canadian Encyclopedia'' (last updated January 7, 2021). Receiving royal assent on May 12, 1870, the act also continued to enforce ''An Act for the Temporary Government of Rupert's Land and the North-Western Territories when united with Canada'' upon the absorption of the British territories of Rupert's Land and the North-Western Territory into Canada on July 15, 1870. Hoping to decrease tension, the act marked the legal resolution of the fight for self-determination between the federal government and the people (particularly the Mé ...
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Constitution Act, 1867
The ''Constitution Act, 1867'' ( 30 & 31 Vict. c. 3) (),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this act, were renamed. However, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources. The long title is "An Act for the Union of Canada, Nova Scotia and New Brunswick, and t ...
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Public Law
Public law is the part of law that governs relations and affairs between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and unequalized. Government bodies (central or local) can make decisions about the rights of persons. However, as a consequence of the rule-of-law doctrine, authorities may only act within the law (''secundum et intra legem''). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review. The distinction between public law and private law dates back to Roman law, where the R ...
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1984 In Canadian Case Law
Events January * January 1 – The Bornean Sultanate of Brunei gains full independence from the United Kingdom, having become a British protectorate in 1888. * January 7 – Brunei becomes the sixth member of the Association of Southeast Asian Nations (ASEAN). * January 9 – Van Halen releases their sixth studio album ''1984'' (''MCMLXXXIV''), which debuts at number 2 on the Billboard 200 albums chart, and will go to sell over 10 million copies in the United States. * January 10 ** The United States and the Vatican (Holy See) restore full diplomatic relations. ** The Victoria Agreement is signed, institutionalising the Indian Ocean Commission. *January 24 – Steve Jobs launches the Macintosh personal computer in the United States. *January 27 – American singer Michael Jackson's hair caught on fire during the making of the Pepsi commercial. February * February 3 ** John Buster and the research team at Harbor–UCLA Medical Center announce history's first embryo transfe ...
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Bilingualism In Canada
The official languages of Canada are English language, English and French language, French, which "have equality of status and equal rights and privileges as to their use in all institutions of the Parliament of Canada, Parliament and Government of Canada," according to Canada's constitution. "Official bilingualism" () is the term used in Canada to collectively describe the policies, constitutional provisions, and laws that ensure legal equality of English and French in the Parliament and courts of Canada, protect the linguistic rights of English- and French-speaking minorities in different provinces, and ensure a level of government services in both languages across Canada. In addition to the symbolic designation of English and French as official languages, official bilingualism is generally understood to include any law or other measure that: *mandates that the federal government conduct its business in both official languages and provide government services in both languages; * ...
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Canadian Constitutional 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, ...
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Franco-Manitoban Culture
Franco-Manitobans () are French Canadians or Canadian francophones living in the province of Manitoba. According to the 2016 Canadian Census, 40,975 residents of the province stated that French was their mother tongue. In the same census, 148,810 Manitobans claimed to have either full or partial French ancestry. There are several Franco-Manitoban communities throughout Manitoba, although the majority are based in either the Winnipeg Capital Region or the Eastman Region. The first francophones to enter the region were fur traders during the late 17th century, with the first French settlers arriving in the subsequent century. Francophones constituted the majority of the region's non-First Nations population until the mid 19th century, when anglophones became the linguistic majority. In 1869, the Red River Rebellion was sparked by a group of Métis francophones, eventually resulting in the admittance of the Red River Colony as a bilingual province of Canada. However, the provincial ...
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Language Case Law
Language is a structured system of communication that consists of grammar and vocabulary. It is the primary means by which humans convey meaning, both in spoken and signed language, signed forms, and may also be conveyed through writing system, writing. Human language is characterized by its cultural and historical diversity, with significant variations observed between cultures and across time. Human languages possess the properties of Productivity (linguistics), productivity and Displacement (linguistics), displacement, which enable the creation of an infinite number of sentences, and the ability to refer to objects, events, and ideas that are not immediately present in the discourse. The use of human language relies on social convention and is acquired through learning. Estimates of the number of human languages in the world vary between and . Precise estimates depend on an arbitrary distinction (dichotomy) established between languages and dialects. Natural languages are ...
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