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Baker V. Canada (Minister Of Citizenship And Immigration)
''Baker v Canada (Minister of Citizenship and Immigration)'', 9992 SCR 817 is a leading Canadian administrative law decision of the Supreme Court of Canada. The Court provided guidance on the standard of judicial review of administrative decisions. The issue was what standard of procedural fairness should be applied when considering the judicial review of the waiver of the requirement that applications for permanent residence be filed from abroad. The case also clarified the need for written reasons in some administrative decisions. Background Mavis Baker was a Jamaican woman who lived without status in Canada for 11 years as a domestic worker. During this time she gave birth to four children in Canada. When the government discovered that she was in Canada without status she was ordered deported. She brought an application for permanent residence under section 114(2) of the ''Immigration Act, 1976''. The immigration officer rejected her application without giving reasons. Baker was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister Of Citizenship And Immigration (Canada)
The minister of immigration, refugees and citizenship (french: Ministre de l'immigration, des réfugiés et de la citoyenneté) is a minister of the Crown in the Canadian Cabinet. The minister is responsible for Immigration, Refugees and Citizenship Canada, which is the federal department responsible for immigration, refugee and citizenship issues in Canada. The current minister is Sean Fraser. Prior to the current position, the portfolios responsible for immigration in Canada throughout history were titled: Immigration and Colonization (1917–36), Mines and Resources (1936–50), Citizenship and Immigration (1950–66), Manpower and Immigration (1966–77), and of Employment and Immigration (1977–96). The office as it exists today was created in 1994 by the ''Department of Citizenship and Immigration Act''. As of 2 July 2013, the Immigration, Refugees and Citizenship portfolio inherited primary responsibility for Passport Canada and the administration of the Canadian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claire L'Heureux-Dubé
Claire L'Heureux-Dubé (born September 7, 1927) is a retired Canadian judge who served as a puisne justice on the Supreme Court of Canada from 1987 to 2002. She was the first woman from Quebec and the second woman appointed to this position, after Bertha Wilson. Previously, she had been one of the first woman lawyers to handle divorce cases, and was the first woman appointed as a judge to the Quebec Superior Court and the Quebec Court of Appeal. During L'Heureux-Dubé's time on the country's top court, she earned a reputation as a steadfast feminist and supporter of minority rights. Because roughly 40 percent of the 254 judgements that she wrote were dissents, she became known as the court's "great dissenter". Early life and career L'Heureux-Dubé was born Claire L'Heureux in Quebec City in 1927. She was one of four girls raised by a mother who spent fifty years as a quadriplegic as a result of multiple sclerosis which developed when L'Heureux-Dubé was only nine. L'Heureux-D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Judicial Review 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] |
Canadian Immigration And Refugee 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] |
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 ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1999 In Canadian Case Law
File:1999 Events Collage.png, From left, clockwise: The Death and state funeral of King Hussein, funeral procession of King Hussein of Jordan in Amman; the 1999 İzmit earthquake kills over 17,000 people in Turkey; the Columbine High School massacre, one of the first major List of school shootings in the United States by death toll, school shootings in the United States; the Year 2000 problem ("Y2K"), perceived as a major concern in the lead-up to the year 2000; the Millennium Dome opens in London; online music downloading platform Napster is launched, soon a source of Online piracy, online piracy; NASA loses both the Mars Climate Orbiter and the Mars Polar Lander; a destroyed t-55, T-55 tank near Prizren during the Kosovo War., 300x300px, thumb rect 0 0 200 200 Death and state funeral of King Hussein rect 200 0 400 200 1999 İzmit earthquake rect 400 0 600 200 Columbine High School massacre rect 0 200 300 400 Kosovo War rect 300 200 600 400 Year 2000 problem rect 0 400 200 600 Mars ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases (Lamer Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada to his retirement. 19901994 19951999 See also * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (1990-2000) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasons
In the most general terms, a reason is a consideration which justifies or explains an action, a belief, an attitude, or a fact. ''Normative reasons'' are what people appeal to when making arguments about what people should do or believe. For example, that a doctor's patient is grimacing is a reason to believe the patient is in pain. That the patient is in pain is a reason for the doctor to do things to alleviate the pain. Explanatory reasons are explanations of why things happened. For example, the reason the patient is in pain is that her nerves are sending signals from her tissues to her brain. A reason, in many cases, is brought up by the question "why?", and answered following the word ''because''. Additionally, words and phrases such as ''since'', ''due to'', ''as'', ''considering'' (''that''), ''a result'' (''of''), and ''in order to'', for example, all serve as explanatory locutions that precede the reason to which they refer. Types of reason In philosophy, it is common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention On The Rights Of The Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation. Nations that have ratified this convention or have acceded to it are bound by international law. When a state has signed the treaty but not ratified it, it is not yet bound by the treaty's provisions but is already obliged to not act contrary to its purpose. The UN Committee on the Rights of the Child, composed of 18 independent experts, is responsible for supervising the implementation of the Convention by the states that have ratified it. Their governments are required to report to and appear before the UN Committee on the Rights of the Child periodically to be examined on their progress regard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Appeal
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada". In 1971, Parliament created the Federal Court of Canada, which consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division. On July 2, 2003, the ''Courts Administration Service Act'' split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court succeeding the Trial Division. Appellate jurisdiction The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada. Original jurisdiction The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in respe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Procedural Fairness
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias, or apparent bias. Actual bias is very difficult to prove in practice whereas imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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