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Canadian Union Of Public Employees V Ontario (Minister Of Labour)
''Canadian Union of Public Employees v Ontario (Minister of Labour)'', 2003 SCC 29, is a leading Supreme Court of Canada decision on arbitration and bias in administrative law. The court held that it was patently unreasonable for the Minister of Labour to appoint retired judges as arbitrators in labour disputes without considering their expertise in labour relations under the ''Hospital Labour Disputes Arbitrations Act''. Background In Ontario, labour relations at hospitals and nursing homes are regulated under the ''Hospital Labour Disputes Arbitration Act'', RSO 1990, c H14, s 6(5) (''HLDAA''), which require the parties to resolve labour disputes through collective bargaining with compulsory arbitration. Arbitrators were appointed by mutual agreement between the parties, but in case of a dispute, a panel of three arbitrators is selected with one member selected by each side and a third appointed by the Minister of Labour. A list of approved arbitrators was provided under sub ...
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Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ...
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Roncarelli V
''Roncarelli v. Duplessis'', 959S.C.R. 121, was a landmark constitutional decision of the Supreme Court of Canada. The court held that in 1946 Maurice Duplessis, both Premier and Attorney General of Quebec, had overstepped his authority by ordering the manager of the Liquor Commission to revoke the liquor licence of Frank Roncarelli, a Montreal restaurant owner and Jehovah's Witness who was an outspoken critic of the Roman Catholic Church in Quebec. Roncarelli provided bail for Jehovah's Witnesses arrested for distributing pamphlets attacking the Roman Catholic Church. The Supreme Court found Duplessis personally liable for $33,123.56 in damages plus Roncarelli's court costs. Background The Jehovah's Witnesses began to aggressively evangelize and seek converts among Catholic French Canadians in the mid-1940's. Methods included home services, public lectures, and distributing pamphlets and selling periodicals such as ''The Watchtower'' and ''Awake!'' door to door. These were un ...
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Ontario Litigation
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Canada, it is Canada's most populous province, with 38.3 percent of the country's population, and is the second-largest province by total area (after Quebec). Ontario is Canada's fourth-largest jurisdiction in total area when the territories of the Northwest Territories and Nunavut are included. It is home to the nation's capital city, Ottawa, and the nation's most populous city, Toronto, which is Ontario's provincial capital. Ontario is bordered by the province of Manitoba to the west, Hudson Bay and James Bay to the north, and Quebec to the east and northeast, and to the south by the U.S. states of (from west to east) Minnesota, Michigan, Ohio, Pennsylvania, and New York. Almost all of Ontario's border with the United States follows ...
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Canadian Labour Congress
The Canadian Labour Congress, or CLC (french: Congrès du travail du Canada, link=no or ) is a national trade union centre, the central labour body in Canada to which most Canadian labour unions are affiliated. History Formation The CLC was founded on April 23, 1956, through a merger of the Trades and Labour Congress of Canada (TLC) and the Canadian Congress of Labour (CCL), the two major labour congresses in Canada at the time. The TLC's affiliated unions represented workers in a specific trade while the CCL's affiliated unions represented all employees within a workplace, regardless of occupation. The trades-based organizational model, which strongly continues today especially in the building and construction industries, is based in older European traditions that can be traced back to guilds. However, with industrialization came the creation of a new group of workers without specific trades qualifications and, therefore, without ready access to the representation offered ...
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2003 In Canadian Case Law
3 (three) is a number, numeral and digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious or cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. The Indian digits spread to the Caliphate in the 9th ...
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Canadian Labour 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 ...
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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 ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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Union Des Employes De Service, Local 298 V Bibeault
''Union des Employes de Service, Local 298 v Bibeault'', 9882 S.C.R. 1048 is a leading decision of the Supreme Court of Canada on judicial review in Canadian administrative law. In this decision the court first described the "pragmatic and functional approach"para. 122 to determining the standard of review for an administrative decision and provided reasons for its desirability. Background A labour dispute in Quebec occurred over whether a subcontractor had to keep the same benefits as its predecessor. The judgment was the original decision that it did not and was maintained. Opinion The court replaced the 'preliminary questions' doctrine found in ''Syndicat des employés de production du Québec et de l'Acadie v. Canada Labour Relations Board'', 9842 S.C.R. 412, with the pragmatic and functional approach. This approach involves several considerations, such as the fact that "the court examines not only the wording of the enactment conferring jurisdiction on the administrative tribu ...
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Roncarelli V Duplessis
''Roncarelli v. Duplessis'', 959S.C.R. 121, was a landmark constitutional decision of the Supreme Court of Canada. The court held that in 1946 Maurice Duplessis, both Premier and Attorney General of Quebec, had overstepped his authority by ordering the manager of the Liquor Commission to revoke the liquor licence of Frank Roncarelli, a Montreal restaurant owner and Jehovah's Witness who was an outspoken critic of the Roman Catholic Church in Quebec. Roncarelli provided bail for Jehovah's Witnesses arrested for distributing pamphlets attacking the Roman Catholic Church. The Supreme Court found Duplessis personally liable for $33,123.56 in damages plus Roncarelli's court costs. Background The Jehovah's Witnesses began to aggressively evangelize and seek converts among Catholic French Canadians in the mid-1940's. Methods included home services, public lectures, and distributing pamphlets and selling periodicals such as ''The Watchtower'' and ''Awake!'' door to door. These were un ...
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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 wa ...
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Michel Bastarache
J. E. Michel Bastarache (born 1947) is a Canadian lawyer, businessman, and retired puisne justice on the Supreme Court of Canada. Early life and education Born in Quebec City on June 10, 1947, Bastarache earned his Bachelor of Arts degree from the Université de Moncton in 1967. He received a ''Licence d'études supérieures en droit public'' from the University of Nice in 1972. He received a Bachelor of Law degree from the University of Ottawa in 1978. He was called to the New Brunswick Bar in 1980, the Alberta Bar in 1985, and the Ontario Bar in 1986. Career From 1970 to 1971, he was a legal translator for the Province of New Brunswick. In 1973, he was the general secretary for the Société des Acadiens et Acadiennes du Nouveau-Brunswick. In 1974, he was the assistant to the president of Assumption Mutual Life, becoming director of sales in 1975, and vice-president of marketing in 1976. In 1978, he joined the Université de Moncton as a law professor and was dean of th ...
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