Canadian National Railway Co V Canada (AG)
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Canadian National Railway Co V Canada (AG)
is a significant case from the Supreme Court of Canada in the area of Canadian administrative law, focusing on whether the standard of review framework set out in ''Dunsmuir v. New Brunswick'' applies to decisions of the Governor in Council of Canada (i.e., the Cabinet of Canada), and whether it has authority to vary or rescind an administrative tribunal decision on questions of law or jurisdiction. Background Appeals to the Governor in Council Under various statutes passed by the Parliament of Canada since 1888, the Governor in Council has been authorized to vary or rescind decisions taken by certain administrative tribunals of the Government of Canada. Current authority to do so is conferred under the following Acts: Similar authority has been granted by provincial statutes to the Lieutenant-Governor in Council (i.e., the provincial cabinet). Such power has been described as "legislative in nature and ... no hearing is required in such cases." The procedure is seen to b ...
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Canadian Transportation Agency
The Canadian Transportation Agency (CTA; french: Office des transports du Canada, OTC) is the independent, quasi-judicial tribunal of the Government of Canada that makes decisions relating to federally-regulated modes of transportation (air, rail and marine). Its headquarters are in the Jules Léger Building (South) (''Édifice Jules Léger (Sud)'') in Terrasses de la Chaudière, Gatineau, Quebec. It is responsible for: * Dispute resolution: to resolve complaints about transportation services, fares, rates, and charges; * Accessibility: to ensure that the national transportation system is accessible, particularly to persons with disabilities; and * Economic regulation: to provide approvals and licences and to make decisions on matters involving federally regulated air, rail, and marine transportation. The agency is divided into five branches: Chair's Office; Corporate Management Branch; Legal and Alternative Dispute Resolution Services Branch; Dispute Resolution Branch; Indust ...
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Coal
Coal is a combustible black or brownish-black sedimentary rock, formed as rock strata called coal seams. Coal is mostly carbon with variable amounts of other elements, chiefly hydrogen, sulfur, oxygen, and nitrogen. Coal is formed when dead plant matter decays into peat and is converted into coal by the heat and pressure of deep burial over millions of years. Vast deposits of coal originate in former wetlands called coal forests that covered much of the Earth's tropical land areas during the late Carboniferous ( Pennsylvanian) and Permian times. Many significant coal deposits are younger than this and originate from the Mesozoic and Cenozoic eras. Coal is used primarily as a fuel. While coal has been known and used for thousands of years, its usage was limited until the Industrial Revolution. With the invention of the steam engine, coal consumption increased. In 2020, coal supplied about a quarter of the world's primary energy and over a third of its electricity. Some iron ...
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Osgoode Hall Law Journal
The ''Osgoode Hall Law Journal'' () is a law review affiliated with Osgoode Hall Law School of York University, Toronto, Canada. It has been publishing continuously since 1958. References External links *{{official website, http://www.ohlj.ca/ Canadian law journals Publications established in 1958 English-language journals 1958 establishments in Ontario Osgoode Hall Law School ...
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University Of Ottawa
The University of Ottawa (french: Université d'Ottawa), often referred to as uOttawa or U of O, is a bilingual public research university in Ottawa, Ontario, Canada. The main campus is located on directly to the northeast of Downtown Ottawa across the Rideau Canal in the Sandy Hill neighbourhood. The University of Ottawa was first established as the College of Bytown in 1848 by the first bishop of the Catholic Archdiocese of Ottawa, Joseph-Bruno Guigues. Placed under the direction of the Oblates of Mary Immaculate, it was renamed the College of Ottawa in 1861 and received university status five years later through a royal charter. On 5 February 1889, the university was granted a pontifical charter by Pope Leo XIII, elevating the institution to a pontifical university. The university was reorganized on July 1, 1965, as a corporation, independent from any outside body or religious organization. As a result, the civil and pontifical charters were kept by the newly created S ...
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Ottawa Law Review
The University of Ottawa Faculty of Law (''French: Faculté de droit de l'Université d'Ottawa)'' is the law school at the University of Ottawa, located in Ottawa, Ontario, Canada. Established in 1953, the Faculty is today divided into Civil Law and Common Law sections, the two formally recognized legal traditions in Canada. The law school has produced a diverse array of successful alumni. These include the current Chief Justice of Canada and deans of several law schools including the Civil Law Section at the University of Ottawa. The Faculty is home to several specialist centres. The faculty is very highly rated and maintains close links with the legal communities in Quebec, Ontario, and abroad. The Faculty of Law is also home to two elite bilingual law journals, one produced by the civil law section and the other produced by the common law section, ''which have significantly contributed to the development of law by the Supreme Court of Canada''. History The law school was e ...
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Ab Initio
''Ab initio'' ( ) is a Latin term meaning "from the beginning" and is derived from the Latin ''ab'' ("from") + ''initio'', ablative singular of ''initium'' ("beginning"). Etymology Circa 1600, from Latin, literally "from the beginning", from ablative case of ''initium'' "entrance", "beginning", related to verb ''inire'' "to go into", "enter upon", "begin". Uses ''Ab initio'' (abbreviation: ''ab init.'') is used in several contexts, including the following: Law In law, ''ab initio'' refers to something being the case from the start or from the instant of the act rather than from when the court declared it so. For instance, the term "void ''ab initio''" means "to be treated as invalid from the outset." E.g., in many jurisdictions, if a person signs a contract under duress, that contract is treated as being "void ''ab initio''". Typically, documents or acts which are void ''ab initio'' cannot be fixed and if a jurisdiction, a document, or an act is so declared at law to be void ...
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Eleanor Dawson
Eleanor Dawson is a judge who served on the Federal Court of Appeal from 2009 to 2020, and is a former judge on the 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. .... References Living people Judges of the Federal Court of Canada Judges of the Federal Court of Appeal (Canada) Canadian women judges People from Burnaby Year of birth missing (living people) {{Canada-law-bio-stub ...
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Federal Court Of Appeal (Canada)
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 ...
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Roger T
Roger is a given name, usually masculine, and a surname. The given name is derived from the Old French personal names ' and '. These names are of Germanic origin, derived from the elements ', ''χrōþi'' ("fame", "renown", "honour") and ', ' ("spear", "lance") (Hrōþigēraz). The name was introduced into England by the Normans. In Normandy, the Frankish name had been reinforced by the Old Norse cognate '. The name introduced into England replaced the Old English cognate '. ''Roger'' became a very common given name during the Middle Ages. A variant form of the given name ''Roger'' that is closer to the name's origin is ''Rodger''. Slang and other uses Roger is also a short version of the term "Jolly Roger", which refers to a black flag with a white skull and crossbones, formerly used by sea pirates since as early as 1723. From up to , Roger was slang for the word "penis". In ''Under Milk Wood'', Dylan Thomas writes "jolly, rodgered" suggesting both the sexual double entend ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Federal Court (Canada)
The Federal Court (french: Cour fédérale) is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction. History The Court was created on July 2, 2003 by the Courts Administration Service Act' when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of the ''Federal Court Act'', subsequently renamed the ''Federal Courts Act''. The Court's authority comes from the ''Federal Courts Act''. On October 24, 2008, the Federal Court was given its own armorial bearings by the Governor General, the third court in Canada to be given its own Coat of Arms – after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice. The coat of arms features a newly created fantastical creature, the winged sea caribou, as the supporters, representing the provision of justice ...
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Order In Council
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' King-in-Council''), but in other countries the terminology may vary. The term should not be confused with Order of Council, which is made in the name of the Council without royal assent. Types, usage and terminology Two principal types of Order in Council exist: Orders in Council whereby the King-in-Council exercises the royal prerogative, and Orders in Council made in accordance with an Act of Parliament. In the United Kingdom, orders are formally made in the name of the monarch by the Privy Council ('' King-in-Council or Queen-in-Council''). In Canada, federal Orders in Council are made in the name of the Governor General by the King's Privy Council for Canada; provincial Orders-in-Council are of the Lieutenant-Governor-in-Council by the ...
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