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Trade And Commerce (Canadian Law)
Section 91(2) of the '' Constitution Act, 1867'', also known as the trade and commerce power, grants the Parliament of Canada The Parliament of Canada () is the Canadian federalism, federal legislature of Canada. The Monarchy of Canada, Crown, along with two chambers: the Senate of Canada, Senate and the House of Commons of Canada, House of Commons, form the Bicameral ... 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 jurispruden ...
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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 originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada.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 In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this act, were renamed.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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Louis-Philippe Pigeon
Louis-Philippe Pigeon, (February 8, 1905 – February 23, 1986) was a Canadian lawyer, academic, and puisne justice of the Supreme Court of Canada. Early life and education Pigeon was born in Henryville, Quebec in 1905, the son of Arthur Pigeon and Maria Demers. He studied law at the Université Laval and obtained an LL.L in 1928, winning the Governor General's gold medal.Justice Québec: Louis-Phillipe Pigeon
.
Called to the the same year, he settled in .


Legal career

Pigeon began his legal career in 1928 w ...
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Loyola Law School
Loyola Law School is the law school of Loyola Marymount University, a private Jesuit university in Los Angeles, California. Loyola was established in 1920. Academics Degrees offered include the Juris Doctor (JD); Master of Science in Legal Studies (MLS); Master of Laws (LLM); Master of Laws in Taxation; Juris Doctor/Master of Business Administration (JD/MBA); and Doctor of Juridical Science (JSD). Loyola has been an American Bar Association (ABA) approved law school since 1935. It is a member of the Association of American Law Schools (AALS). Loyola Law School's campus is located just west of downtown Los Angeles. It consists of an open central plaza surrounded by several contemporary buildings designed by Frank Gehry. Its library has a collection of nearly 560,000 volumes. In fall 2022, Loyola’s faculty restructured the Evening Program to feature a hybrid schedule that requires an on-campus commitment of one night a week and one night remotely. Rankings U.S. News & ...
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Dormant Commerce Clause
The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the US Constitution. The primary focus of the doctrine is barring state protectionism. The Dormant Commerce Clause is used to prohibit state legislation that discriminates against, or unduly burdens, interstate or international commerce. Courts first determine whether a state regulation discriminates on its face against interstate commerce or whether it has the purpose or effect of discriminating against interstate commerce. If the statute is discriminatory, the state has the burden to justify both the local benefits flowing from the statute and to show the state has no other means of advancing the legitimate local purpose. For example, it is lawful for Michigan to require food labels that specifically identify certain animal parts, if they are present in the product, because the stat ...
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Natural Products Marketing Act
The Natural Products Marketing Act was passed by the government of R. B. Bennett in 1934. It was the subject of an appeal to the Judicial Committee of the Privy Council, which delivered its judgment on 28 January 1937, along with the repudiations of three labour statutes and the Employment and Social Insurance Act, all passed by Bennett. The contention of the province of British Columbia was that the legislation impinged on its own powers, and was thus ''ultra vires''. The Supreme Court of Canada had unanimously answered the question in the affirmative.Supreme Court Judgments: "Dominion Stores Ltd. v. R."
1979-12-13. Report: 1 SCR 844 The judges in London agreed, and called for unspecif ...
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Reference Re Agricultural Products Marketing Act
''Reference Re Agricultural Products Marketing'' (also known as the ''Egg Reference''), 9782 S.C.R. 1198 is a landmark constitutional decision of the Supreme Court of Canada on cooperative federalism where the Court unanimously upheld the validity of various Acts passed by the Parliament of Canada and the Legislative Assembly of Ontario for establishing a national agricultural marketing scheme agreed upon by the federal and provincial governments. Background The marketing of agricultural products has had a turbulent history in Canada. In 1949, the Parliament of Canada enacted the ''Agricultural Products Marketing Act'' in order to regulate extraprovincial trade. By the 1960s, Ontario and other provinces had settled on a model of marketing boards for specified agricultural products, while the federal government started to set up national schemes as with the Canadian Dairy Commission. Many provinces, but especially Ontario and Quebec, entered into the "Chicken and Egg War" of 1971, ...
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Canadian Federalism
Canadian federalism () involves the current nature and historical development of the federal system in Canada. Canada is a federation with eleven components: the national Government of Canada and ten Provinces and territories of Canada, provincial governments. All eleven governments derive their authority from the Constitution of Canada. There are also three territorial governments in the far north, which exercise powers delegated by the Parliament of Canada, federal parliament, and municipal governments which exercise powers delegated by the province or territory. Each jurisdiction is generally independent from the others in its realm of legislative authority. The division of powers between the federal government and the provincial governments is based on the principle of exhaustive distribution: all legal issues are assigned to either the federal Parliament or the provincial Legislatures. The division of powers is set out in the ''Constitution Act, 1867'' (originally ca ...
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Canada Temperance Act
The ''Canada Temperance Act'' (), also known as the ''Scott Act'', was an Act of the Parliament of Canada passed in 1878, which provided for a national framework for municipalities to opt in by plebiscite to a scheme of prohibition. It was repealed in 1984. Pre-Confederation colonial legislation Temperance legislation of general application had been enacted by the various colonies as early as 1855, when New Brunswick implemented total prohibition to mixed success. Others, beginning with the Province of Canada on the passage of the ''Dunkin Act'' in 1864, named after its sponsor Christopher Dunkin, opted to allow local municipalities to implement temperance upon an approval by plebiscite. The Act proved to be problematic in its operation following the division of the Province into Ontario and Quebec. In ''Ex parte O'Neill'', RJQ 24 SC 304, it was held that the National Assembly of Quebec could not repeal the ''Dunkin Act'', but it could pass a concurrent statute for regulating l ...
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Francis Alexander Anglin
Francis Alexander Anglin (April 2, 1865 – March 2, 1933) was the seventh Chief Justice of Canada from 1924 until 1933. Born in Saint John, New Brunswick, one of nine children of Timothy Anglin, federal politician and Speaker of the House of Commons of Canada, and elder brother to the renowned stage actress, Margaret Anglin. He was educated at St. Mary's College, and received a Bachelor of Arts degree from the University of Ottawa in 1887. Anglin studied law at the Law Society of Upper Canada (which in those days taught law) and was called to the bar in 1888, establishing a practice in Toronto. In 1896 he became Clerk of the Surrogate Court of Ontario, and King's Counsel in 1902. He was appointed to the Exchequer Division of the High Court of Justice of Ontario in 1904 and, thanks to a nomination from the Laurier government, to the Supreme Court of Canada on February 23, 1909, becoming Chief Justice in 1924 thanks to a nomination by the first Mackenzie King Will ...
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Bora Laskin
Bora Laskin (October 5, 1912 – March 26, 1984) was a Canadians, Canadian jurist who served as the 14th Chief Justice of Canada, chief justice of Canada from 1973 to 1984 and as a List of justices of the Supreme Court of Canada, puisne justice of the Supreme Court of Canada, Supreme Court from 1970 to 1973. Before his Supreme Court of Canada, Supreme Court service, he previously served on the Court of Appeal for Ontario, Ontario Court of Appeal from 1965 to 1970. Prior to his appointment, Laskin worked as a lawyer and in academia. Early life and family Laskin was born in Fort William, Ontario, Fort William, Ontario (now Thunder Bay), the son of Max Laskin and Bluma Zingel. His brother, Saul Laskin, went on to become the first mayor of Thunder Bay. His other brother, Charles, was a shirt designer and manufacturer. Laskin married Peggy Tenenbaum. The couple had two children: John I. Laskin, who followed in his father's footsteps and became a judge at the Court of Appeal for O ...
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AG Manitoba V
A&G, AG, Ag or ag may refer to Businesses and organizations * A&G Railroad (former reporting mark AG) * Action Group (Nigeria), a political party during the Nigerian First Republic * Aktiengesellschaft, a German type of corporation * Assemblies of God, the world's largest Pentecostal organization * Associated Group, a Pakistani company * Astronomische Gesellschaft, a German astronomical society * IATA code for Aruba Airlines * Australian Greens, a political party Entertainment * ''American Gladiators'' (1989–1996 TV series) * ''American Gladiators'' (2008 TV series) * Atarashii Gakko!, a Japanese girl group Government and military * Adjutant general, the Army branch responsible for personnel * Administrator-General of South West Africa, the head of government in Namibia prior to independence in 1990 * Aerographer's mate, a rating or specialty in the US Navy that deals with weather and oceanography * American Holland-class submarine (''Amerikansky Golland''), a class ...
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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 A member of the Liberal Party of Canada, Abbott successfully stood for election to ...
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