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Canadian Maritime Law
Canadian maritime law is based on the field of "Navigation and Shipping" vested in the Parliament of Canada by virtue of s. 91(10) of the ''Constitution Act, 1867''. Scope of jurisdiction Canada has adopted an expansive definition of its maritime law, which goes beyond traditional admiralty law. The original English admiralty jurisdiction was called "wet", as it concerned itself with things done at sea, including collisions, salvage and the work of mariners, and contracts and torts performed at sea. Canadian law has added "dry" jurisdiction to this field, which includes such matters as: * stevedoring, * marine insurance, * warehousing and security services, * contracts of agency, and * contracts of carriage. This list is not exhaustive of the subject matter. History Canadian jurisdiction was originally consolidated in 1891, with subsequent expansions in 1934 following the passage of the '' Statute of Westminster 1931'', and in 1971 with the extension to "dry" matters. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law. The governor general, on behalf of the monarch, summons and appoints the 105 senators on the advice of the prime minister, while each of the 338 members of the House of Commons – called members of Parliament (MPs) – represents an electoral district, commonly referred to as a ''riding'', and are elected by Canadian voters residing in the riding. The governor general also summons and calls together the House of Commons, and may prorogue or dissolve Parliament, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Rem
''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have ''in personam'' jurisdiction. Jurisdiction ''in rem'' assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property. United States Within the U.S. federal court system, jurisdiction ''in rem'' typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel. Within the American state court systems, jurisdiction ''in rem'' may refer to the power the state court may exer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGill Law School
The Faculty of Law is one of the professional graduate schools of McGill University in Montreal, Quebec, Canada. It is the oldest law school in Canada, and continually ranks among the best law schools in the world. The faculty is known for its holistic approach though highly selective and competitive process for admission. Only 180 candidates are admitted for any given academic year. For the year 2021 class, the acceptance rate was 10%. McGill Faculty of Law has consistently ranked as the top law school for civil law, a top law school for common law, the most number of Supreme Court clerkships of any law school in Canada, and consistently outranks Europe, Asia, and Latin America's top civil law schools. Notable alumni include Prime Ministers John Abbott and Sir Wilfrid Laurier, thirteen Justices of the Supreme Court (Including the most recent appointments, Mahmud Jamal and Nicholas Kasirer), as well as numerous Members of Parliament. Three members of the current Cabinet of Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGill Law Journal
The ''McGill Law Journal'' is a student-run legal publication at McGill University Faculty of Law in Montreal. It is a not-for-profit corporation independent of the Faculty and it is managed exclusively by students. The ''Journal'' also publishes the ''Canadian Guide to Uniform Legal Citation'' and a series of podcasts since 2012. A 2022 study assessing the most cited Law Review articles in the history of the Supreme Court of Canada found that the McGill Law Journal was one of a select few elite law journals in Canada and the McGill Law Journal was by far the most cited by the Supreme Court of Canada with 150 citations, with the second and third place consisting of 100 and 86 citations, respectively. Overview Since the 1970s, the ''McGill Law Journal'' has been cited more often by the Supreme Court of Canada than any other university-affiliated law journal in the world. ''Journal'' subscribers reside in more than twenty-five countries. Following the faculty's policy of bilingual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec (Attorney General) V
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen provinces and territories of Canada. It is the largest province by area and the second-largest by population. Much of the population lives in urban areas along the St. Lawrence River, between the most populous city, Montreal, and the provincial capital, Quebec City. Quebec is the home of the Québécois nation. Located in Central Canada, the province shares land borders with Ontario to the west, Newfoundland and Labrador to the northeast, New Brunswick to the southeast, and a coastal border with Nunavut; in the south it borders Maine, New Hampshire, Vermont, and New York (state), New York in the United States. Between 1534 and 1763, Quebec was called ''Canada (New France), Canada'' and was the List of French colonies, most developed colon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Western Bank V
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interjurisdictional Immunity
In Canadian Constitutional law, interjurisdictional immunity is the legal doctrine that determines which legislation arising from one level of jurisdiction may be applicable to matters covered at another level. Interjurisdictional immunity is an exception to the pith and substance doctrine, as it stipulates that there is a core to each federal subject matter that cannot be reached by provincial laws. While a provincial law that imposes a tax on banks may be ruled ''intra vires'', as it is not within the protected core of banking, a provincial law that limits the rights of creditors to enforce their debts would strike at such a core and be ruled inapplicable. The paramountcy doctrine states that if two pieces of legislation meet, regulate the same activities, and conflict, the federal legislation is paramount, prevails and renders the provincial legislation ''inoperative''. In contrast, the ''interjurisdictional immunity doctrine'' is activated even if there is no meeting of legislat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paramountcy (Canada)
In Canadian constitutional law, the doctrine of paramountcy (french: prépondérance fédérale) establishes that where there is a conflict between valid provincial and federal laws, the federal law will prevail and the provincial law will be inoperative to the extent that it conflicts with the federal law. Unlike interjurisdictional immunity, which is concerned with the scope of the federal power, paramountcy deals with the way in which that power is exercised. The only exception to the doctrine is under section 94A of the ''Constitution Act, 1867'', which allows both the federal government and the provinces to make laws for old age pensions and supplementary benefits, but, to the extent of any conflict, the provincial law is paramount over the federal law. Nature of the doctrine Paramountcy is relevant where there is conflicting federal and provincial legislation. As Justice Major explained in ''Rothmans'': Claims in paramountcy may arise from two different forms of confl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marine Services International Ltd
Marine is an adjective meaning of or pertaining to the sea or ocean. Marine or marines may refer to: Ocean * Maritime (other) * Marine art * Marine biology * Marine debris * Marine habitats * Marine life * Marine pollution Military * Marines, a naval-based infantry force ** United States Marine Corps ** Royal Marines of the UK ** Brazilian Marine Corps ** Spanish Marine Infantry ** Fusiliers marins (France) ** Indonesian Marine Corps ** Republic of China Marine Corps ** Republic of Korea Marine Corps ** Royal Thai Marine Corps *"Marine" also means "navy" in several languages: ** Austro-Hungarian Navy () ** Belgian Navy (, , ) ** Royal Canadian Navy () *** Provincial Marine (1796–1910), a predecessor to the Royal Canadian Navy ** Navy of the Democratic Republic of the Congo () ** Royal Danish Navy () ** Finnish Navy (, ) ** French Navy () ** Gabonese Navy () ** German Navy () ** Royal Moroccan Navy () ** Royal Netherlands Navy () ** Swedish Navy () Places * Marines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 92(10) Of The Constitution Act, 1867
Section 92(10) of the ''Constitution Act, 1867'', also known as the works and undertakings power, grants the provincial legislatures of Canada unless otherwise noted in section (c), the authority to legislate on: Section 92(10)(a) and (b) grants federal jurisdiction over modes of interprovincial and international transportation and communication, leaving intraprovincial transportation and communication to the provinces. The legal interpretation ''ejusdem generis'' limits the scope of the exceptions to subsection 92(10). The declaratory power conferred to the federal parliament under 92(10) c) however, applies to works of all types. The Parliament of Canada exercises authority over these three matters under section 91(29), which states: Extent of jurisdiction The Judicial Committee of the Privy Council held that: * "These works are physical things not services." * "'Undertaking' is not a physical thing but is an arrangement under which of course physical things are used."''Radi ... [...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] |
Robert Décary
Robert Décary (born May 26, 1944) is a former judge on the Canadian Federal Court of Appeal. Also per a June 13, 2013 CBC article he is the "watchdog" at the Communications Security Establishment The Communications Security Establishment (CSE; french: Centre de la sécurité des télécommunications, ''CST''), formerly (from 2008-2014) called the Communications Security Establishment Canada (CSEC), is the Government of Canada's national .... References 1944 births Living people Communications Security Establishment people Judges of the Federal Court of Canada {{Canada-law-bio-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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