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Union Des Employes De Service, Local 298 V Bibeault
''Union des Employes de Service, Local 298 v Bibeault'', 9882 S.C.R. 1048 is a leading decision of the Supreme Court of Canada on judicial review in Canadian administrative law. In this decision the court first described the "pragmatic and functional approach"para. 122 to determining the standard of review for an administrative decision and provided reasons for its desirability. Background A labour dispute in Quebec occurred over whether a subcontractor had to keep the same benefits as its predecessor. The judgment was the original decision that it did not and was maintained. Opinion The court replaced the 'preliminary questions' doctrine found in ''Syndicat des employés de production du Québec et de l'Acadie v. Canada Labour Relations Board'', 9842 S.C.R. 412, with the pragmatic and functional approach. This approach involves several considerations, such as the fact that "the court examines not only the wording of the enactment conferring jurisdiction on the administrative trib ... [...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] |
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organize ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Administrative Law
Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies in Canada. That is, the law concerns the manner in which courts can review the decisions of administrative decision makers such as a board, tribunal, commission, agency, or Minister of the Crown, Crown minister, while exercising Ministerial discretion (Canadian law), ministerial discretion. Administrative law is concerned primarily with the legality of administrative decision making and with issues of procedural fairness (rights for those affected by the decision to participate in the decision making process). Administrative law concerns the interpretation of statutes and rules of government operations. Courts, when applying administrative law, look to ensure that administrative or governmental actors and bodies observe and act within the legal limits on their authority. Sources of law The powers of an administrative decision-maker ("ADM") are prima ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec
Quebec ( ; )According to the Government of Canada, Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen provinces and territories of Canada. It is the List of Canadian provinces and territories by area, largest province by area and the second-largest by Population of Canada by province and territory, population. Much of the population lives in urban areas along the St. Lawrence River, between the most populous city, Montreal, and the provincial capital, Quebec City. Quebec is the home of the Québécois people, Québécois nation. Located in Central Canada, the province shares land borders with Ontario to the west, Newfoundland and Labrador to the northeast, New Brunswick to the southeast, and a coastal border with Nunavut; in the south it borders Maine, New Hampshire, Vermont, and New York (state), New York in the United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. 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 fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pushpanathan V Canada (Minister Of Citizenship And Immigration)
''Pushpanathan v Canada (Minister of Citizenship and Immigration)'' is a leading decision of the Supreme Court of Canada on the standard of review in Canadian administrative law. The Court held that a decision of the Immigration and Refugee Board should be reviewed on the standard of "correctness." Background Veluppillai Pushpanathan arrived in Canada seeking refugee status from his native country of Sri Lanka. Before the claim was settled, he was convicted of conspiracy to traffic in narcotic in Canada, and was sent to prison. On the basis of his conviction, he was denied refugee status under article 1F(c) of the '' UN Convention Relating to the Status of Refugees'' which excluded claimants "with respect to whom there are serious reasons for considering that hey havebeen guilty of acts contrary to the purposes and principles of the United Nations." A conditional deportation order was issued by the Immigration and Refugee Board. Issue The issue of whether the criminal conviction w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Administrative 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 ... [...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 that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. 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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Labour Relations In Canada
Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour movement, consisting principally of labour unions ** Labour Party or Labor Party, a name used by several political parties Literature * ''Labor'' (journal), an American quarterly on the history of the labor movement * '' Labour/Le Travail'', an academic journal focusing on the Canadian labour movement * ''Labor'' (Tolstoy book) or ''The Triumph of the Farmer or Industry and Parasitism'' (1888) Music * ''Labour'' (song), 2023 single by Paris Paloma Places * La Labor, Honduras * Labor, Koper, Slovenia Other uses * ''Labor'' (album), a 2013 album by MEN * Labor (area), a Spanish customary unit * "Labor", an episode of TV series '' Superstore'' * Labour (constituency), a functional constituency in Hong Kong elections * Labors ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Labour 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 e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Employees International Union Litigation
Service may refer to: Activities * Administrative service, a required part of the workload of university faculty * Civil service, the body of employees of a government * Community service, volunteer service for the benefit of a community or a punishment that may be imposed by a court * Fan service, a Japanese term referring to something which is specifically designed to entertain fans * Military service, serving in a country's armed forces * Feudal service, see Feudal land tenure in England * Public service, services carried out with the aim of providing a public good * Selfless service, a service which is performed without any expectation of result or award. Arts, entertainment, and media * ''Service'' (album), a 1983 album by Yellow Magic Orchestra * ''Service'' (film), a 2008 film * ''Service'' (play), a 1932 play by British writer Dodie Smith * Service (record label), a Swedish record label * "Service" (''The Walking Dead''), a 2016 television episode of ''The Walking De ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1988 In Canadian Case Law
File:1988 Events Collage.png, From left, clockwise: The oil platform Piper Alpha explodes and collapses in the North Sea, killing 165 workers; The USS Vincennes (CG-49) mistakenly shoots down Iran Air Flight 655; Australia celebrates its Bicentennial on January 26; The 1988 Summer Olympics are held in Seoul, South Korea; Soviet troops begin their withdrawal from Afghanistan, which is completed the next year; The 1988 Armenian earthquake kills between 25,000-50,000 people; The 8888 Uprising in Myanmar, led by students, protests the Burma Socialist Programme Party; A bomb explodes on Pan Am Flight 103, causing the plane to crash down on the town of Lockerbie, Scotland- the event kills 270 people., 300x300px, thumb rect 0 0 200 200 Piper Alpha rect 200 0 400 200 Iran Air Flight 655 rect 400 0 600 200 Australian Bicentenary rect 0 200 300 400 Pan Am Flight 103 rect 300 200 600 400 1988 Summer Olympics rect 0 400 200 600 8888 Uprising rect 200 400 400 600 1988 Armenian ear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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