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Canada (Minister Of Citizenship And Immigration) V Vavilov
''Canada (Minister of Citizenship and Immigration) v Vavilov'', 2019 SCC 65, is a landmark decision of the Supreme Court of Canada that clarified the determination and application of standard of review in Canadian administrative law. ''Vavilov'' established a presumption that reasonableness is the applicable standard of review of administrative decisions in all cases. The case concerned the review of the Canadian Registrar of Citizenship's decision to cancel Alexander Vavilov's citizenship certificate on the basis of his parents' identity as covert Russian agents, based on an interpretation of s. 3(2)(a) of the Citizenship Act. The Supreme Court of Canada affirmed the Federal Court of Appeal's decision to quash the Canadian Registrar of Citizenship's decision, on the basis that it was unreasonable. Facts ''Vavilov'' concerns the proper interpretation of a provision of the ''Citizenship Act'' as applied to Alexander Vavilov. Vavilov was born in Toronto to parents, who it later t ... [...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] |
Illegals Program
The Illegals Program (so named by the United States Department of Justice) was a network of Russian sleeper agents under non-official cover, unofficial cover. An investigation by the Federal Bureau of Investigation (FBI) culminated in the arrest of ten agents on June 27, 2010, and a prisoner exchange between Russia and the United States on July 9, 2010. The arrested spies were Russian nationals who had been planted in the U.S. by the Russian Foreign Intelligence Service (Russia), Foreign Intelligence Service (known by its Russian language, Russian abbreviation, ''SVR''), most of them using false identity. Posing as ordinary American citizens, they tried to build contacts with academics, industrialists, and policymakers to gain access to intelligence. They were the target of a multi-year investigation by the FBI. The investigation, called Operation Ghost Stories, culminated at the end of June 2010 with the arrest of ten people in the U.S. and an eleventh in Cyprus. The ten sleepe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dalhousie Law Journal
The ''Dalhousie Law Journal'' is a peer-reviewed academic journal of law published by the Schulich School of Law (formerly Dalhousie Law School) at Dalhousie University in Halifax, Nova Scotia, Canada. The journal was established in 1973 by Dean Ronald St. John Macdonald and covers contemporary legal issues. Indexing The journal is indexed and abstracted in the following bibliographic databases: *CanLII *HeinOnline *Index to Legal Periodicals *LexisNexis LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer informa ... External links * Canadian law journals Dalhousie University Publications established in 1973 English-language journals Biannual journals {{law-journal-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the ''Constitution Act, 1982'', the Canadian Constitution consists of the ''Canada Act 1982'' (which includes the ''Constitution Act, 1982''), acts and orders referred to in its schedule (including in particular the ''Constitution Act, 1867'', formerly the ''British North America Act, 1867''), and any amendments to these documents. The Supreme Court of Canada has held that the list is not exhaustive and also includes a number of pre-confederation acts and unwritten components ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review In Canada
In Canada, judicial review is the process that allows courts to supervise administrative tribunals' exercise of their statutory powers. Judicial review of administrative action is only available for decisions made by a governmental or quasi-governmental authority. The process allows individuals to challenge state actions, and ensures that decisions made by administrative tribunals follow the rule of law. The practice is meant to ensure that powers delegated by government to boards and tribunals are not abused, and offers legal recourse when that power is misused, or the law is misapplied. Judicial review is meant to be a last resort for those seeking to redress a decision of an administrative decision maker. History Judicial review in Canada has its roots in the English common law system, where there are two sources of judicial review: the prerogative writs of ''certiorari'' and ''mandamus'', and actions for damages. The British colonies that now form Canada were subject to adm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Guardian Media Group, owned by the Scott Trust. The trust was created in 1936 to "secure the financial and editorial independence of ''The Guardian'' in perpetuity and to safeguard the journalistic freedom and liberal values of ''The Guardian'' free from commercial or political interference". The trust was converted into a limited company in 2008, with a constitution written so as to maintain for ''The Guardian'' the same protections as were built into the structure of the Scott Trust by its creators. Profits are reinvested in journalism rather than distributed to owners or shareholders. It is considered a newspaper of record in the UK. The editor-in-chief Katharine Viner succeeded Alan Rusbridger in 2015. Since 2018, the paper's main news ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quash
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer. A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if an attorney believes that some court document such as a subpoena was not issued or delivered following the required procedure. For example, a party that receives improper service of process may file a motion to quash. In the context of a court hearing an 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 ..., de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dunsmuir V New Brunswick
was, prior to ''Canada (Minister of Citizenship and Immigration) v Vavilov'', the leading Supreme Court of Canada decision on the topic of substantive review and standards of review. ''Dunsmuir'' is notable for combining the reasonableness (simpliciter) and the patent unreasonableness standards of review into a single reasonableness standard. Facts David Dunsmuir was hired by the Department of Justice of the Province of New Brunswick as of February 25, 2002. His work was unsatisfactory to his employer and he received multiple written notices to this effect. Ultimately, his employer decided to terminate his employment as of December 31, 2004. On August 19, 2004, Dunsmuir was informed in a letter that his employment was being terminated. As his employment was not being terminated "for cause," Dunsmuir was granted several months of paid leave with which to find a new job. Dunsmuir grieved his dismissal in a letter sent to the Deputy Minister on September 1, 2004. When his grievance ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Canada
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. Originally composed of two divisions, the Appellate Division and the Trial Division, in 2003 the Court was split into two separate Courts, the Federal Court and the Federal Court of Appeal. The jurisdiction and powers of the two courts remained largely unchanged from the predecessor divisions. The court used facilities as the Supreme Court of Canada Building as well as Thomas D'Arcy McGee Building and registry office at 90 Elgin Street. History Pre-Confederation to Confederation Prior to Confederation, the predominantly English-speaking Canada West (which succeeded Upper Canada) and the predominantly French-speaking Canada East (which succeeded Lower Canada) each had a separate system of courts. During pre-Confederation negotiations, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutes Of Canada
The ''Statutes of Canada'' (SC) compiles, by year, all the laws passed by the Parliament of Canada since Confederation in 1867. The Revised Statutes of Canada (RSC) consolidates current federal laws in force, incorporating amendments into acts, adding new substantive acts enacted since the last revision and deleting rescinded acts. Thus far there have been six revisions: in 1886, 1906, 1927, 1952, 1970, and 1985. The Statutes of Canada are its own legal code. They are the federal legal code of Canada that contains the federal laws and statutes enacted by the Parliament of Canada, and are enacted into their own unified code. The Statutes of Canada are organized by alphabetical order and are updated and amended by the Government of Canada from time to time. Publication of statutes At the time that the ''Interpretation Act'' (1867) was passed, the ''Statutes of Canada'' were required to be distributed and published at the end of each session of parliament. This was changed in 1984, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
