|
By The Court Decisions Of The Supreme Court Of Canada
Justices of the Supreme Court of Canada have the option of releasing reasons for a unanimous decision anonymously by simply attributing the judgment to "The Court". The practice began around 1979 by Chief Justice Laskin, borrowing from the US Supreme Court practice of anonymizing certain unanimous decisions. Unlike in the US, which uses it primarily for uncontroversial cases, in Canada, it is used almost always for important and controversial cases. It has been suggested that the practice has been used to give greater authority to the decision by having the entire Court speak as a single voice. Peter McCormick, a professor of political science at the University of Lethbridge who studies Canada's appellate courts, calls these 'per coram decision," but his terminology is not in general use. McCormick states that there were 9 reported per coram decisions prior to Bora Laskin's term as Chief Justice, 15 reported per coram decisions under Laskin's Chief Justiceship, and 51 reported per ... [...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 Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, 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 Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, 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 applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Re Firearms Act
''Reference Re Firearms Act'' is a leading constitutional decision of the Supreme Court of Canada on the division of powers regarding firearms legislation and the Canadian Firearms Registry. A unanimous Court held that the federal ''Firearms Act'' was constitutionally valid under the federal criminal law power. Background In 1995, the Parliament of Canada passed the ''Firearms Act'', which required owners of rifles and shotguns to register them, and to obtain possession licences for them. (Handgun registration was already required by federal law.) The government stated that the law was passed under the authority of the federal government's criminal law power. The ''Firearms Act'' was closely integrated with the federal ''Criminal Code'', so that failures to comply with the requirements of the former could in some cases be prosecuted as offences under the latter. The government of Alberta submitted a reference question to the Alberta Court of Appeal to determine whether the A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Rodrigue
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Ireland ''or'' . The letter is the eighth most common letter in English and the fourth-most common consonant (after , , and ). The letter is used to form the ending "-re", which is used in certain words such as ''centre'' in some varieties of English spelling, such as British English. Canadian English also uses the "-re" ending, unlike American English, where the ending is usually replaced by "-er" (''center''). This does not affect pronunciation. Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as F, L, M, N and S. This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provincial Court Judges' Assn Of New Brunswick V New Brunswick (Minister Of Justice)
''Provincial Court Judges' Assn of New Brunswick v New Brunswick (Minister of Justice); Ontario Judges Assn v Ontario (Management Board); Bodner v Alberta; Conférence des juges du Québec v Quebec (AG); Minc v Quebec (AG)'' 0052 S.C.R. 286 was a decision by the Supreme Court of Canada in which the Court attempted to resolve questions about judicial independence left over from the landmark ''Provincial Judges Reference'' (1997). The Court found that government remuneration of provincial court judges that is lower than what an independent salary commission recommended can be justified. A broader perspective should be taken whether overall conditions of judicial independence have been met and some deference to the government is needed. Background The decision arose from cases from four different provinces, namely ''Provincial Court Judges’ Assn. of New Brunswick v. New Brunswick (Minister of Justice)'' from New Brunswick, ''Ontario Judges’ Assn. v. Ontario (Management Board)'' f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Okwuobi V Lester B Pearson School Board
''Okwuobi v Lester B Pearson School Board'', 2005 SCC 16, is a leading Supreme Court of Canada decision on minority language rights. The Court held that parents in Quebec who are denied access to English schools for their children must apply through the Administrative Tribunal of Quebec (ATQ), which holds exclusive jurisdiction to hear appeals regarding minority language rights, and cannot bypass the tribunal by applying to the courts. In examining the intent of the Quebec legislation, the Court found that the tribunal also had the power to hear constitutional questions. This decision was part of a trilogy of cases on minority language rights, which included '' Solski (Tutor of) v Quebec (AG)'', 2005 SCC 14, and ''Gosselin (Tutor of) v Quebec (AG)'', 2005 SCC 15. The case was decided with ''Casimir v Quebec (AG)'' and ''Zorilla v Quebec (AG)''. See also * List of Supreme Court of Canada cases (McLachlin Court) This is a chronological list of notable cases decided by the Supreme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gosselin (Tutor Of) V Quebec (AG)
''Gosselin (Tutor of) v Quebec (AG)'', 2005 SCC 15, 0051 SCR 238 is a leading case of the Supreme Court of Canada on the constitutional protection of minority language rights under section 23 of the ''Canadian Charter of Rights and Freedoms''. The case was part of a trilogy of minority language rights cases including ''Solski (Tutor of) v Quebec (AG)'', 2005 SCC 14 and ''Okwuobi v Lester B Pearson School Board; Casimir v Quebec (AG); Zorrilla v Quebec (AG)'', 2005 SCC 16. A number of French-speaking families who wanted their children educated in English but did not qualify under the ''Charter of the French Language'' for English schooling challenged the French Charter as a violation of their equality rights under sections 10 and 12 of the ''Quebec Charter of Human Rights and Freedoms''. The Court rejected the claim. It held that the parents were not protected under the minority language rights provision in section 23 of the ''Canadian Charter''. The Court also found that the equa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V RGL
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Ireland ''or'' . The letter is the eighth most common letter in English and the fourth-most common consonant (after , , and ). The letter is used to form the ending "-re", which is used in certain words such as ''centre'' in some varieties of English spelling, such as British English. Canadian English also uses the "-re" ending, unlike American English, where the ending is usually replaced by "-er" (''center''). This does not affect pronunciation. Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as F, L, M, N and S. This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Re Same-Sex Marriage
''Reference Re Same-Sex Marriage'' 0043 S.C.R. 698, 2004 SCC 79, was a reference question to the Supreme Court of Canada regarding the constitutional validity of same-sex marriage in Canada. The ruling was announced December 2004, following arguments made two months prior. Background Prior to this case the issue regarding the constitutional validity of same-sex marriage had been considered by several of the provinces' appellate courts, all of them holding that it was constitutionally valid. In response to this, the Government of Canada submitted three questions to the Supreme Court regarding the validity of the proposed same-sex marriage legislation (the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes): :1. Is the proposal for the Act within the authority of Parliament? If not, to what extent? :2. If so, is section 1 of the proposed Act consistent with the Charter? If not, to what extent? :3. Does section 2(a) of the Charter, guaran ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Blais
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Ireland ''or'' . The letter is the eighth most common letter in English and the fourth-most common consonant (after , , and ). The letter is used to form the ending "-re", which is used in certain words such as ''centre'' in some varieties of English spelling, such as British English. Canadian English also uses the "-re" ending, unlike American English, where the ending is usually replaced by "-er" (''center''). This does not affect pronunciation. Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as F, L, M, N and S. This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Powley
, commonly called the Powley ruling, is a Supreme Court of Canada case defining Métis Aboriginal rights under section 35(1) of the ''Constitution Act, 1982 The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...''. Background A Sault Ste. Marie, Ontario, Sault Ste. Marie father and son, Steve and Roddy Powley, were charged in 1993 with possession of a moose that they had shot hunting season, out of season and hunting licence, without a licence. The pair pleaded not guilty on the grounds that as Métis, they had an Aboriginal right to hunt that was not subject to Ontario game laws. Procedural history The Ontario Court of Justice agreed and dismissed the charges. The Ontario Attorney General appealed that decision to the Ontario Superior Court of Justice, which upheld the acquittals ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ahani V Canada (Minister Of Citizenship And Immigration)
''Ahani v Canada (Minister of Citizenship and Immigration)'' 0021 S.C.R. 72; 2002 SCC 2 is a significant decision of the Supreme Court of Canada in the areas of constitutional law and administrative law. It is a companion case to ''Suresh v. Canada (Minister of Citizenship and Immigration)'', 0021 S.C.R. 3. Both cases deal with the procedure for removal of Convention refugees for reasons of national security under the ''Immigration Act'', R.S.C. 1985, and address questions of procedural fairness. Background Mansour Ahani entered Canada in 1991, claiming Convention refugee status. In 1993, the Minister of Citizenship and Immigration filed a security certificate for Ahani's deportation on the basis of a report from the Canadian Security Intelligence Service (CSIS). CSIS claimed to have obtained evidence that Ahani was a trained assassin operating with the Ministry of Intelligence and National Security of Iran (MOIS). Ahani admitted to an association with MOIS and having received mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
