Canada V. Alberta
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Canada V. Alberta
Re Board of Commerce Act 1919 and the Combines and Fair Prices Act 1919, commonly known as the Board of Commerce case, is a Canadian constitutional decision of the Judicial Committee of the Privy Council in which the "emergency doctrine" under the federal power of peace, order and good government was first created. Background Following the end of the First World War, there was a rapid rise in the cost of living in the Canadian economy. In response, the Parliament of Canada passed the Board of Commerce Act, 1919 and the Combines and Fair Prices Act, 1919. The assigned the Board of Commerce two main functions: * Investigate and restrain combinations, monopolies, trusts and mergers constituting a "combine." *Inquire into and enforce prohibitions against hoarding and profiteering. In pursuit of its functions, the Board issued an order, prohibiting certain clothing manufacturers in Ottawa from charging higher than specified profit margins. That triggered a dispute as to the Act ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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Ottawa
Ottawa (, ; Canadian French: ) is the capital city of Canada. It is located at the confluence of the Ottawa River and the Rideau River in the southern portion of the province of Ontario. Ottawa borders Gatineau, Quebec, and forms the core of the Ottawa–Gatineau census metropolitan area (CMA) and the National Capital Region (NCR). Ottawa had a city population of 1,017,449 and a metropolitan population of 1,488,307, making it the fourth-largest city and fourth-largest metropolitan area in Canada. Ottawa is the political centre of Canada and headquarters to the federal government. The city houses numerous foreign embassies, key buildings, organizations, and institutions of Canada's government, including the Parliament of Canada, the Supreme Court, the residence of Canada's viceroy, and Office of the Prime Minister. Founded in 1826 as Bytown, and incorporated as Ottawa in 1855, its original boundaries were expanded through numerous annexations and were ultimately ...
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Louis-Philippe Brodeur
Louis-Philippe Brodeur, baptised Louis-Joseph-Alexandre Brodeur (August 21, 1862 – January 2, 1924) was a Canadian journalist, lawyer, politician, federal Cabinet minister, Speaker of the House of Commons of Canada, and puisne justice of the Supreme Court of Canada. Life and career Born in Belœil, Quebec, he was first elected to the House of Commons of Canada in the 1891 election as Liberal Member of Parliament (MP) for Rouville, Quebec. He represented the riding continuously until his retirement prior to the 1911 election. Brodeur was a firm supporter of Sir Wilfrid Laurier and came from a ''Rouges'' family. His father fought in the Lower Canada Rebellion of 1837, and his maternal grandfather was killed in the Rebellion's Battle of Saint-Charles. As a young man, Brodeur studied law, graduating in 1884 with an LL.B. from the Université Laval in Montréal. He worked as a young lawyer with Honoré Mercier, before establishing his own law firm of Dandurand and ...
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Lyman Duff
Sir Lyman Poore Duff (7 January 1865 – 26 April 1955) was the eighth Chief Justice of Canada. He was the longest serving justice of the Supreme Court of Canada. Early life and career Born in Meaford, Canada West (now Ontario) to a Congregationalist minister, Duff received a Bachelor of Arts in mathematics and metaphysics from the University of Toronto in 1887. After graduation, he taught at Barrie Collegiate Institute while studying for the bar. Duff later took courses at Osgoode Hall Law School and was called to the Ontario Bar in 1893. Duff practised as a lawyer in Fergus, Ontario after being called to the bar. In 1895, Duff moved to Victoria, British Columbia and continued his career there. In 1895, he was made a Queen's Counsel. In 1903, he took part, as junior counsel for Canada, in the Alaska Boundary arbitration. In 1923 Mount Duff (Yakutat), also known as ''Boundary Peak 174'' was named after him. Judicial and other appointments In 1904, he was appointed a ...
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John Idington
John Idington (October 14, 1840 – February 7, 1928) was a Canadian justice of the Supreme Court of Canada. Born in Puslinch, Upper Canada (now Ontario), the son of Peter Idington and Catherine Stewart, he received his LL.B degree from the University of Toronto and was called to the Ontario Bar, both in 1864. He practised law in Stratford, Canada West (now Ontario) for forty years. He was created a provincial QC in 1876 and a dominion QC in 1885. In 1904, he was appointed to the High Court of Justice of Ontario and he was appointed by Wilfrid Laurier Sir Henri Charles Wilfrid Laurier, ( ; ; November 20, 1841 – February 17, 1919) was a Canadian lawyer, statesman, and politician who served as the seventh prime minister of Canada from 1896 to 1911. The first French Canadian prime minis ... to the Supreme Court on February 10, 1905. In 1924, following the death of Sir Louis Henry Davies, Idington was passed over for the position of Chief Justice of Canada, even ...
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Section 91(2) Of The Constitution Act, 1867
Section 91(2) of the ''Constitution Act, 1867'', also known as the trade and commerce power, grants the Parliament of Canada the authority to legislate on: The development of Canadian constitutional law has given this power characteristics that are unique from those that are specified in the United States Constitution's Commerce Clause and the Australian Constitution's interstate trade and commerce power. Initial jurisprudence First examined in ''Citizen's Insurance Co. v. Parsons'' (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: Therefore, ''Parsons'' establishes three basic propositions about the trade and commerce power that have underlined all subsequent jurisprudence: Initially the scope for extraprovincial trade was set very narrowly by the Privy Council. In the '' Board of Commerce case'', the Privy Council suggested that the trade and commerce power applied only as an ancillary power to some other valid federal p ...
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Attorney-General For Ontario V
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience. Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the United States Attorney General or the Attorney-General for Australia, and the respective attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Minister of Justice ...
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Intra Vires
('beyond the powers') is a List of Latin phrases, Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Company, Companies and other legal persons sometimes have limited capacity (law), legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Primary and secondary legislation, Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate l ...
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Pierre-Basile Mignault
Pierre-Basile Mignault (September 30, 1854 – October 15, 1945) was a Canadian lawyer and Puisne Justice of the Supreme Court of Canada. Born in Worcester, Massachusetts, the son of Pierre-Basile Mignault and Catherine O'Callaghan, he received a Bachelor of Civil Law degree from McGill University in 1878. He was called to the Quebec Bar in 1878. He then proceeded to practice law in Montreal. His ''Droit civil canadien'', a nine-volume work on Québec's civil law published during 1885–1916, and its relation to the French tradition, continues to be cited by the courts, including the Supreme Court of Canada. As a judge on the Supreme Court of Canada during 1918–1929, Mignault also had a key role in countering a long-standing centralising tendency in Canadian private law, and in increasing the Court's sensitivity to the subtleties of Québec's legal tradition. Mignault saw Québec private law as “surtout fille de la France coutumière” (particularly the heir of French p ...
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Louis Henry Davies
Sir Louis Henry Davies (May 4, 1845May 1, 1924) was a Canadian lawyer, businessman and politician, and judge from the province of Prince Edward Island. In a public career spanning six decades, he served as the third premier of Prince Edward Island, a federal Member of Parliament and Cabinet minister, and as both a Puisne Justice and the sixth Chief Justice of Canada. Early life and family Davies was born in Charlottetown, the son of Benjamin Davies and Kezia Attwood Watts. He attended Prince of Wales College in Charlottetown. In July, 1872, he married Susan Wiggins, a daughter of Dr. A. V. G. Wiggins. She was a member of the Humane Society, the Women's Canadian Historical Society, and similar organizations. The couple had two sons and three daughters. Legal career Davies read law at the Inner Temple in London. He was called to bar in England in 1866, and to the bar of Prince Edward Island a year later. He served as lead counsel for the Prince Edward Island Land Commission ...
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Francis Alexander Anglin
Francis Alexander Anglin PC (April 2, 1865 – March 2, 1933) was the seventh Chief Justice of Canada from 1924 until 1933. Born in Saint John, New Brunswick, one of nine children of Timothy Anglin, federal politician and Speaker of the House of Commons of Canada, and elder brother to the renowned stage actress, Margaret Anglin. He was educated at St. Mary's College, and received a Bachelor of Arts degree from the University of Ottawa in 1887. Anglin studied law at the Law Society of Upper Canada (which in those days taught law) and was called to the bar in 1888, establishing a practice in Toronto. In 1896 he became Clerk of the Surrogate Court of Ontario, and King's Counsel in 1902. He was appointed to the Exchequer Division of the High Court of Justice of Ontario in 1904 and, thanks to a nomination from the Laurier government, to the Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court i ...
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