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Chief Justices Of Canada
The chief justice of Canada () is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court system. The ''Supreme Court Act'' makes the chief justice, a Crown in Council appointment, meaning the Crown acting on the advice of the prime minister and minister of justice. The chief justice serves until they resign, turn 75 years old, die, or are removed from office for cause. By tradition, a new chief justice is chosen from among the court's incumbent puisne justices. The chief justice has significant influence in the procedural rules of the Court, presides when oral arguments are held, and leads the discussion of cases among the justices. The chief justice is also deputy governor general, ''ex-officio'' chairman of the Canadian Judicial Council, and heads the committee that selects recipients of the Order of Canada. Additionally, a chief justice also assumes t ... [...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] |
Sir William Buell Richards
Sir William Buell Richards (May 2, 1815 – January 26, 1889) was a Canadian lawyer, politician, and judge, and served as the first Chief Justice of Canada. Under Richards' leadership, the Supreme Court was marked by controversy surrounding it's creation, concerns about the conduct of its justices, the length and lack of clarity in its decisions, and significant delays in the publication of those decisions. Early life Richards was born in Brockville, Upper Canada, to Stephen Richards and Phoebe Buell, the eldest of three children. His younger brother Stephen Richards represented Niagara in the Legislative Assembly of Ontario as a Conservative member from 1867 to 1874. The youngest brother Albert Norton Richards represented Leeds South in the House of Commons of Canada as a Liberal member from 1872 to 1874; and served as the second Lieutenant Governor of British Columbia from 1876 to 1881. Richards was the maternal grand-son of William Buell, a politician and judge i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrator (Canada)
Administrator of the Government of Canada () is the title used by the individual performing the duties of Governor General of Canada – the federal viceregal representative – while the office is vacant or its incumbent is otherwise unable to perform his or her duties. The position is defined in the ''Letters Patent, 1947'', which created the office of Governor General in its present-day form. Should it be necessary to fill the position, the chief justice of Canada may act as the administrator, followed by the puisne justices in order of seniority if the chief justice is unable to assume the role. Accordingly, the position is a temporary one meant to serve only during a vacancy in the office of governor general, and it is not a title that is consistently held by the chief justice at all times. It is invoked under the terms of a dormant commission. The administrator of Canada represents the Crown in right of the federal government. The position of administrator may also exist in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex-officio
An ''ex officio'' member is a member of a body (notably a board, committee, or council) who is part of it by virtue of holding another office. The term ''List of Latin phrases (E)#ex officio, ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right of office'; its use dates back to the Roman Republic. According to ''Robert's Rules of Order'', the term denotes only how one becomes a member of a body. Accordingly, the rights of an ''ex officio'' member are exactly the same as other members unless otherwise stated in regulations or bylaws. It relates to the notion that the position refers to the position the ex officio holds, rather than the individual that holds the position. In some groups, ''ex officio'' members may frequently abstain from voting. Opposite notions are dual mandate, when the same person happens to hold two offices or more, although these offices are not in themselves associated; and personal union, when two states share the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oral Arguments
Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute. Oral argument operates by each party in a case taking turns to speak directly to the judge or judges with an equal amount of time allotted to each. A party may often reserve part of their time to be used for rebuttal after their adversary has presented. Presenting lawyers usually cannot simply make speeches or read their briefs when presenting oral argument to an appellate court. Unlike trial court proced ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Procedures Of The Supreme Court Of Canada
The procedures of the Supreme Court of Canada for hearing cases is established in the ''Rules of the Supreme Court of Canada'', the Supreme Court Act, and by tradition. Terms and sittings Hearings of the Supreme Court take place exclusively in the Supreme Court building in Ottawa. The Court sits three times a year for three months at a time starting in January, April, and October. Every two weeks that the Court sits is followed by a two-week break making for a total of 18 weeks a year of hearings. The Mondays are often reserved for hearing motions regarding ongoing appeals. The remaining days of the week the Court is used for hearings. The Court will hear one or two cases a day beginning at 9:30 a.m. Quorum of the Court requires five Justices, but most cases are heard by a panel of seven or nine Justices. The Chief Justice presides over each hearing. If the Chief Justice is not available, the senior puisne justice on the panel will preside. Hearings are live-streamed through ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Puisne Justice
Puisne judge and puisne justice () are terms for an ordinary judge or a judge of lesser rank of a particular court. The term comes from a combination of the two French words, (since, later) and (born) which have been combined as or ; meaning "junior". Use The term is used almost exclusively in common law jurisdictions: the England and Wales, jurisdiction of England and Wales within the United Kingdom; Australia, including its states and territories; Canada, including its provinces and territories; India, including its states and territories; Pakistan, its provinces, and Azad Kashmir; the British Overseas Territory of Gibraltar; Kenya; Sri Lanka; South Africa in rural provinces and Law of Hong Kong, Hong Kong. In Australia, the most senior judge after a chief justice in superior state courts is referred to as the "senior puisne judge". Use is rare outside of, usually internal, court (judicial) procedural decisions as to which will sit or has sat in hearings or appeals. The te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incumbent
The incumbent is the current holder of an office or position. In an election, the incumbent is the person holding or acting in the position that is up for election, regardless of whether they are seeking re-election. There may or may not be an incumbent on the ballot: the previous holder may have died, retired, resigned; they may not seek re-election, be barred from re-election due to term limits, or a new electoral division or position may have been created, at which point the office or position is regarded as vacant or open. In the United States, an election without an incumbent on the ballot is an open seat or open contest. Etymology The word "incumbent" is derived from the Latin verb ''incumbere'', literally meaning "to lean or lay upon" with the present participle stem ''incumbent-'', "leaning a variant of ''encumber,''''OED'' (1989), p. 834 while encumber is derived from the root ''cumber'', most appropriately defined: "To occupy obstructively or inconveniently; to b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister Of Justice And Attorney General Of Canada
The minister of justice and attorney general of Canada () is a dual-role portfolio in the Cabinet of Canada, Canadian Cabinet. The officeholder in the role of Minister of Justice () serves as the minister of the Crown responsible for the Department of Justice (Canada), Department of Justice and the justice portfolio, and in the role of Attorney General (), litigates on behalf of the Crown and serves as the chief legal advisor to the Government of Canada. (Though most prosecution functions of the attorney general have been assigned to the Public Prosecution Service of Canada. The attorney general is supported in this role by the director of public prosecutions.) Attorney General of Canada The role was created in 1867 to replace the Attorney General of Ontario, attorney general of Canada West and List of Ministers of Justice of Quebec, attorney general of Canada East. As the top prosecuting officer in Canada, 'attorney general' is a separate title held by the minister of justic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
King-in-Council
The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it refers to the monarch exercising executive authority, usually in the form of approving orders, on the advice of the country's privy council or executive council. In countries where the reigning monarch is represented by a viceroy, derivative terms are used instead, such as Governor in Council or Lieutenant Governor in Council. Norway In Norway, the King in Council () refers to the meetings of the king and the Council of State (the Cabinet), wherein matters of importance and major decisions are made. The council meets at the Royal Palace, normally every Friday. These meetings are chaired by the monarch or, if he is ill or abroad, crown prince (the monarch's heir). In Norway's constitution, ''King in Council'' refers to the formal Government of Norway, whereas merely ''King'' means the appointed ministry that t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of countries and dependencies by area, second-largest country by total area, with the List of countries by length of coastline, world's longest coastline. Its Canada–United States border, border with the United States is the world's longest international land border. The country is characterized by a wide range of both Temperature in Canada, meteorologic and Geography of Canada, geological regions. With Population of Canada, a population of over 41million people, it has widely varying population densities, with the majority residing in List of the largest population centres in Canada, urban areas and large areas of the country being sparsely populated. Canada's capital is Ottawa and List of census metropolitan areas and agglomerations in Canada, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
