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Canadian Federation Of Agriculture V Quebec (AG)
''Reference Re Validity of Section 5(a) of the Dairy Industry Act'' (1949), also known as the ''Margarine Reference'' or as ''Canadian Federation of Agriculture v Quebec (AG)'', is a leading ruling of the Supreme Court of Canada, upheld on appeal to the Judicial Committee of the Privy Council, on determining if a law is within the authority of the Parliament of Canada's powers relating to criminal law. In this particular case, the Court found that a regulation made by Parliament was ''ultra vires''. Though the regulation contained sufficient punitive sanctions, the subject matter contained within it was not the kind that served a public purpose. The case was decided by the Judicial Committee of the Privy Council on appeal from the Supreme Court of Canada, as the cause for appeal arose before the abolition of such appeals in 1949. The decision by Rand J was upheld in 1951, and the case has been cited in federalism disputes many times since. Background Under Section 91(27) of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Margarine
Margarine (, also , ) is a spread used for flavoring, baking, and cooking. It is most often used as a substitute for butter. Although originally made from animal fats, most margarine consumed today is made from vegetable oil. The spread was originally named ''oleomargarine'' from Latin for ''oleum'' (olive oil) and Greek ''margarite'' ("pearl", indicating luster). The name was later shortened to ''margarine''. Margarine consists of a water-in-fat emulsion, with tiny droplets of water dispersed uniformly throughout a fat phase in a stable solid form. While butter is made by concentrating the butterfat of milk through agitation, modern margarine is made through a more intensive processing of refined vegetable oil and water. Per federal regulation, margarine must have a minimum fat content of 80 percent (with a maximum of 16% water) to be labeled as such in the United States, although the term is used informally to describe vegetable-oil-based spreads with lower fat content. In Br ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property And Civil Rights
Section 92(13) of the ''Constitution Act, 1867'', also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on: It is one of three key residuary powers in the ''Constitution Act, 1867'', together with the federal power of peace, order and good government and the provincial power over matters of a local or private nature in the province. Extent Provincial jurisdiction over property and civil rights embraces all private law transactions, which includes virtually all commercial transactions. Note that "civil rights" in this context does not refer to civil rights in the more modern sense of political liberties. Rather, it refers to private rights enforceable through civil courts. This power is generally balanced against the federal trade and commerce power and criminal law power. With respect to the former, In the '' Insurance Reference'', Viscount Haldane noted that: It is the most powerful and expansive of the pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peace, Order And Good Government
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados, Canada, Australia and formerly New Zealand and South Africa. It is often contrasted with "life, liberty and the pursuit of happiness", a spiritually analogous phrase found in the US Declaration of Independence. Background Legal documents often contain a residual clause which expresses which entity will have authority over jurisdictions that have not otherwise been delineated or are in dispute. While specific authorities are often enumerated in legal documents as well, the designation of a residual power helps provide direction to future decision-makers and in emerging issue areas. At its origin, the preferred phrase was "peace, ''welfare'' and good government," but ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morality
Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of conduct from a particular philosophy, religion or culture, or it can derive from a standard that a person believes should be universal. Morality may also be specifically synonymous with "goodness" or "rightness". Moral philosophy includes meta-ethics, which studies abstract issues such as moral ontology and moral epistemology, and normative ethics, which studies more concrete systems of moral decision-making such as deontological ethics and consequentialism. An example of normative ethical philosophy is the Golden Rule, which states: "One should treat others as one would like others to treat oneself." Immorality is the active opposition to morality (i.e. opposition to that which is good or right), while amorality is variously defined as an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security
Security is protection from, or resilience against, potential harm (or other unwanted coercive change) caused by others, by restraining the freedom of others to act. Beneficiaries (technically referents) of security may be of persons and social groups, objects and institutions, ecosystems or any other entity or phenomenon vulnerable to unwanted change. Security mostly refers to protection from hostile forces, but it has a wide range of other senses: for example, as the absence of harm (e.g. freedom from want); as the presence of an essential good (e.g. food security); as resilience against potential damage or harm (e.g. secure foundations); as secrecy (e.g. a secure telephone line); as containment (e.g. a secure room or cell); and as a state of mind (e.g. emotional security). The term is also used to refer to acts and systems whose purpose may be to provide security (security companies, security forces, security guard, cyber security systems, security cameras, remote guard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peace
Peace is a concept of societal friendship and harmony in the absence of hostility and violence. In a social sense, peace is commonly used to mean a lack of conflict (such as war) and freedom from fear of violence between individuals or groups. Throughout history, leaders have used peacemaking and diplomacy to establish a type of behavioral restraint that has resulted in the establishment of regional peace or economic growth through various forms of agreements or peace treaties. Such behavioral restraint has often resulted in the reduced conflict, greater economic interactivity, and consequently substantial prosperity. "Psychological peace" (such as peaceful thinking and emotions) is perhaps less well defined, yet often a necessary precursor to establishing "behavioural peace." Peaceful behaviour sometimes results from a "peaceful inner disposition." Some have expressed the belief that peace can be initiated with a certain quality of inner tranquility that does not depend upo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade And Commerce (Canadian Law)
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick Kerwin
Patrick Kerwin (October 25, 1889 – February 2, 1963) was the tenth Chief Justice of Canada. Life and career Patrick Grandcourt Kerwin was born in Sarnia, Ontario to Patrick Kerwin and Ellen Gavin. Kerwin attended Osgoode Hall Law School in 1908. He articled in Sarnia with R. V. Le Sueur. In 1911 Kerwin moved to Guelph, where he practiced law for over 21 years with Guthrie and Guthrie, later changed to Guthrie and Kerwin. During that time, he served as solicitor for the city of Guelph and Wellington County, as well as Crown prosecutor. In 1932 he was appointed to the High Court of Ontario. Supreme Court of Canada On July 20, 1935, Kerwin was appointed a puisne justice of the Supreme Court of Canada. In 1954, after 19 years on the court, Kerwin was appointed as Chief Justice, replacing the retired Thibaudeau Rinfret Thibaudeau Rinfret (June 22, 1879 – July 25, 1962) was a Canadian jurist and the ninth Chief Justice of Canada and Administrator of Canada in 1952 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thibaudeau Rinfret
Thibaudeau Rinfret (June 22, 1879 – July 25, 1962) was a Canadian jurist and the ninth Chief Justice of Canada and Administrator of Canada in 1952. Early life Rinfret was born in Montreal in 1879, the son of François-Olivier Rinfret and Albina Pominville. He was the brother of Fernand Rinfret, Liberal politician who became Mayor of Montreal, and brother of Charles Rinfret, a prominent Montreal businessman. Professional career Rinfret studied law at the Université Laval à Montréal, Faculté de droit and McGill University and was called to the Bar of Quebec in 1901. He was appointed to the Quebec Superior Court in 1922 and to the Supreme Court of Canada in 1924. Rinfret became Chief Justice on January 8, 1944, and served until his retirement on June 22, 1954. During his term as Chief Justice, Canada ended appeals to the Judicial Committee of the Privy Council making the Supreme Court of Canada the final court of appeal in Canadian jurisprudence. Rinfret was Administ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Holland Locke
Charles Holland Locke, (September 16, 1887 – May 30, 1980) was a Canadian Justice of the Supreme Court of Canada. Born in Morden, Manitoba, he served articles first with a law firm in Morden, then moved to Winnipeg to finish his articles in the office of Albert Hudson, who was later appointed to the Supreme Court. Locke was called to the bar of Manitoba in 1910 but interrupted his legal practice to serve overseas with the Canadian military in World War I, being awarded the Military Cross. After the War, he returned to practise in Winnipeg, but in 1928 he moved to Vancouver, joining the bar of British Columbia. Locke was appointed to the Supreme Court of Canada on June 3, 1947, filling the vacancy caused by the death of his mentor, Albert Hudson. He was the first person born in western Canada to be appointed to the Supreme Court. He served as Puisne Justice until September 16, 1962. In 1971, he was made a Companion of the Order of Canada. Personal life His son, Charles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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