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Russell V. The Queen
''Russell v R'' is a landmark Privy Council decision regarding the interpretation of the '' Constitution Act, 1867'', and was one of the first cases explaining the nature of the peace, order and good government power in Canadian federalism. It expanded upon the jurisprudence that was previously discussed in ''Citizen's Insurance Co. v. Parsons''. Background In 1878, the Parliament of Canada passed the ''Canada Temperance Act'' which allowed for a province or city to hold a plebiscite on banning the sale of alcohol. Fredericton held such a plebiscite which carried successfully. In 1880, the Supreme Court of Canada decision in ''The Queen v Fredericton (Mayor)'' 8803 SCR 505, 2 Cart 27 had held that the law was intra vires under the trade and commerce clause. That decision was not appealed to the Privy Council. In a separate case two years later, Charles Russell, a local pub owner, was convicted under the ''CTA'' of selling alcohol. Russell argued that Parliament cannot deleg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one const ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fredericton, New Brunswick
Fredericton (; ) is the capital city of the Canadian province of New Brunswick. The city is situated in the west-central portion of the province along the Saint John River, which flows west to east as it bisects the city. The river is the dominant natural feature of the area. One of the main urban centres in New Brunswick, the city had a population of 63,116 and a metropolitan population of 108,610 in the 2021 Canadian Census. It is the third-largest city in the province after Moncton and Saint John. An important cultural, artistic, and educational centre for the province, Fredericton is home to two universities, the New Brunswick College of Craft and Design, and cultural institutions such as the Beaverbrook Art Gallery, the Fredericton Region Museum, and The Playhouse, a performing arts venue. The city hosts the annual Harvest Jazz & Blues Festival, attracting regional and international jazz, blues, rock, and world artists. Fredericton is also an important and vibran ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Constitutional Case Law
Canadians (french: Canadiens) 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. Canada has also been strongly influenced by its linguistic, geographic, and ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1882 In Canadian Case Law
Year 188 (CLXXXVIII) was a leap year starting on Monday of the Julian calendar. At the time, it was known in the Roman Empire as the Year of the Consulship of Fuscianus and Silanus (or, less frequently, year 941 ''Ab urbe condita''). The denomination 188 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Publius Helvius Pertinax becomes pro-consul of Africa from 188 to 189. Japan * Queen Himiko (or Shingi Waō) begins her reign in Japan (until 248). Births * April 4 – Caracalla (or Antoninus), Roman emperor (d. 217) * Lu Ji (or Gongji), Chinese official and politician (d. 219) * Sun Shao, Chinese general of the Eastern Wu state (d. 241) Deaths * March 17 – Julian, pope and patriarch of Alexandria * Fa Zhen (or Gaoqing), Chinese scholar (b. AD 100) * Lucius Antistius Burrus, Roman politician (executed) * Ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Judicial Committee Of The Privy Council Cases
This is a list of major cases decided by the Judicial Committee of the Privy Council. These include appeals from the following countries: Lower courts recognising JCPC jurisdiction. * (criminal until 1933; Civil case until 1949) * (until 1985) * Australia (until 1986) * (until 1994) * |
Ontario (Attorney General) V
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Canada, it is Canada's most populous province, with 38.3 percent of the country's population, and is the second-largest province by total area (after Quebec). Ontario is Canada's fourth-largest jurisdiction in total area when the territories of the Northwest Territories and Nunavut are included. It is home to the nation's capital city, Ottawa, and the nation's most populous city, Toronto, which is Ontario's provincial capital. Ontario is bordered by the province of Manitoba to the west, Hudson Bay and James Bay to the north, and Quebec to the east and northeast, and to the south by the U.S. states of (from west to east) Minnesota, Michigan, Ohio, Pennsylvania, and New York. Almost all of Ontario's border with the United Sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hodge V
{{disambiguation, geo ...
Hodge may refer to: Places United States * Hodge, California, an unincorporated community * Hodge, Louisiana, a village * Hodge, Missouri, an unincorporated community *The Hodge Building, the historic name of the Begich Towers in Whittier, Alaska Other * Hodge Escarpment, Edith Ronne Land, Antarctica Other uses * Hodge (surname) * Hodge baronets, two titles in the Baronetage of the United Kingdom, one extinct * Hodge 301, a star cluster in the Tarantula Nebula * Hodge (cat), Dr. Samuel Johnson's cat *Hodge, pseudonym of Roger Squires, crossword compiler See also *A list of mathematical concepts named after W. V. D. Hodge *Hodges (other) Hodges may refer to: People and fictional characters * Hodges (surname) Places * Hodges Drive, a main west–east road in Joondalup, north of Perth, Western Australia * Hodges Glacier, a small glacier one nautical mile west of Grytviken, South Ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 91 Of The Constitution Act, 1867
Section 91 of the ''Constitution Act, 1867'' (french: article 91 de la Loi constitutionnelle de 1867) is a provision in the Constitution of Canada that sets out the legislative powers of the federal Parliament. The federal powers in section 91 are balanced by the list of provincial legislative powers set out in section 92 of the ''Constitution Act, 1867''. The dynamic tension between these two sets of legislative authority is generally known as the "division of powers". The interplay between the two lists of powers have been the source of much constitutional litigation since the Confederation of Canada in 1867. The ''Constitution Act, 1867'' is the constitutional statute which established Canada. Originally named the ''British North America Act, 1867'', the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada. ''Constitution Act, 1867'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 92(13) Of The Constitution Act, 1867
Section 92(13) of the ''Constitution Act, 1867'', also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on: It is one of three key residuary powers in the ''Constitution Act, 1867'', together with the federal power of peace, order and good government and the provincial power over matters of a local or private nature in the province. Extent Provincial jurisdiction over property and civil rights embraces all private law transactions, which includes virtually all commercial transactions. Note that "civil rights" in this context does not refer to civil rights in the more modern sense of political liberties. Rather, it refers to private rights enforceable through civil courts. This power is generally balanced against the federal trade and commerce power and criminal law power. With respect to the former, In the '' Insurance Reference'', Viscount Haldane noted that: It is the most powerful and expansive of the pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 91(2) Of The Constitution Act, 1867
Section 91(2) of the ''Constitution Act, 1867'', also known as the trade and commerce power, grants the Parliament of Canada the authority to legislate on: The development of Canadian constitutional law has given this power characteristics that are unique from those that are specified in the United States Constitution's Commerce Clause and the Australian Constitution's interstate trade and commerce power. Initial jurisprudence First examined in ''Citizen's Insurance Co. v. Parsons'' (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: Therefore, ''Parsons'' establishes three basic propositions about the trade and commerce power that have underlined all subsequent jurisprudence: Initially the scope for extraprovincial trade was set very narrowly by the Privy Council. In the ''Board of Commerce case'', the Privy Council suggested that the trade and commerce power applied only as an ancillary power to some other valid federal p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of powers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) 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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
