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Canadian Court System
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial. The Constitution of Canada gives the federal government the exclusive right to legislate criminal law, while the provinces have exclusive control over much of civil law. The provinces have jurisdiction over the Administration of Justice in their territory. Almost all cases, whether criminal or civil, are heard in provincially or territorially established courts. The quite small system of federal courts only hears cases concerned with matters which are under exclusive federal control, such as federal taxation, federal administrative agencies, intellectual property, some portions of competition law and certain aspects of national security. The federal courts also have jurisd ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Question
In Canadian law, a reference question or reference case (formally called abstract review) is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation. Constitutional and statutory authority Reference jurisdiction of the Supreme Court of Canada The ''Constitution Act, 1867'', gives the federal Parliament the power to create a "General Court of Appeal for Canada", but does not define the jurisdiction of the Court. When Parliament created the Supreme Court of Canada in 1875, it gave the federal Cabinet the power to refer questions to the Supreme Court for the Court's opinion. That provision has been carried forward and is now found in the current ''Supreme Court Act''. Under that provision, the federal Cabinet may submit a question to the Supreme Court of Canada by means of an order-in-council. Once the questions have been submitted to the Cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nova Scotia Court Of Appeal
The Court of Appeal for Nova Scotia (Nova Scotia Court of Appeal or NSCA) is the highest appeal court in the province of Nova Scotia, Canada. There are currently 8 judicial seats including one assigned to the Chief Justice of Nova Scotia. At any given time there may be one or more additional justices who sit as supernumerary justices. The court sits in Halifax, which is the capital of Nova Scotia. Cases are heard by a panel of three judges. They publish approximately 80 cases each year. History The Court of Appeal was established on 30 January 1993. From 1966 to 1993, appeals pursuant to Supreme Court cases were heard by the Appellate Division of the Supreme Court and, prior to 1966, by a panel of Supreme Court judges sitting ''en banc''. The Chief Justice of the Court of Appeal is the Chief Justice of Nova Scotia. Prior to the establishment of the Court of Appeal, the Chief Justice was the Chief Justice of the Appeal Division (1966–1993) and, before 1966, of the Supreme Court. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For The Northwest Territories
The Court of Appeal for the Northwest Territories in Canada is the highest appellate court which hears appeals from criminal cases and civil cases of the Supreme Court of the Northwest Territories. The Court consists of a Chief Justice and justices of appeal which are appointed by the Governor-in-Council from justices of the Court of Appeal of Alberta and Saskatchewan Court of Appeal and the judges and ex officio judges of the Supreme Court of the Northwest Territories. The Court of Appeal sits in Yellowknife, or, other locations in the Canadian territories or Alberta. Judges * The Honourable Justice C. A. Fraser- Chief Justice (Edmonton, Alberta) * The Honourable Justice R. L. Berger (Edmonton, Alberta) * The Honourable Justice R. G. Kilpatrick (Iqaluit, Nunavut) * The Honourable Justice P. T. Costigan (Edmonton, Alberta) * The Honourable Justice M. S. Paperny (Calgary, Alberta) * The Honourable Justice R. S. Veale (Whitehorse, Yukon) * The Honourable Justice E. Johnson (Iqalu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of Newfoundland And Labrador
The Court of Appeal of Newfoundland and Labrador is at the top of the hierarchy of courts for the Canadian province of Newfoundland and Labrador. The Court of Appeal derives its powers and jurisdiction from the Court of Appeal Act. The independent Court of Appeal was established in 2018 and comprises the Chief Justice and five other justices. At any given time there may be one or more additional justices who sit as supernumerary justices. From 1975 until 2018 the Court of Appeal was constituted as the appeal division of the Supreme Court of Newfoundland and Labrador with judges appointed specifically to hear appeals from the Trial Division of the Supreme Court. Prior to 1975 both trial and appeals were carried out in the Supreme Court, where the individual judges routinely acted as a trial judges but, in the event of an appeal, would sit together (en banc) to hear it. The Court now hears appeals of all type from the Supreme Court of Newfoundland and Labrador's General Division an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Brunswick
The Court of Appeal of New Brunswick (french: Cour d'appel du Nouveau-Brunswick) (frequently referred to as New Brunswick Court of Appeal or NBCA) is the appellate court in the province of New Brunswick. There are five Justices, one Chief Justice, any former judge of the Court of Appeal who is a supernumerary judge and any former Chief Justice of New Brunswick who is a judge or a supernumerary judge. The court sits in Fredericton, New Brunswick. Cases are heard by a panel of three judges. As of 2018, the Chief Justice is the Honourable Marc Richard. Jurisdiction The court hears appeals from the Court of King's Bench of New Brunswick, Provincial Court of New Brunswick, and various tribunals. Cases tried by the court can be appealed to the Supreme Court of Canada, but in practice this happens only a few times a year. Current judges Supernumerary References External links New Brunswick Court of Appeal {{Courts of Canada New Brunswick New Brunswick (french: Nouveau-B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manitoba Court Of Appeal
The Manitoba Court of Appeal (french: Cour d'appel du Manitoba) is the court of appeal in, and the highest court of, the Canadian province of Manitoba. It hears criminal, civil, and family law cases, as well as appeals from various administrative boards and tribunals. Seated in Winnipeg, the Court is headed by the Chief Justice of Manitoba, and is composed of a total of 13 justices. At any given time, there may be one or more additional justices who sit as supernumerary justices. The Court hears appeals from the Provincial Court and the Manitoba Court of King's Bench, as well as certain administrative tribunals, including the Residential Tenancies Commission, the Municipal Board, and the Manitoba Labour Board, among others. Most cases are heard by a panel of three justices. A single justice presides over matters heard in "chambers", usually interlocutory matters or applications for leave to appeal. Proceedings before the court are governed by the Court of Appeal Rules. Judg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of British Columbia
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 supernumerary justices. All justices of the BCCA (including the position of Chi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of Alberta
The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Court system of Canada#Appellate courts of the provinces and territories, Canadian appellate court. Jurisdiction and hierarchy within Canadian courts The court is the highest in Alberta, Canada. It hears appeals from the Alberta Court of King's Bench, the Provincial Court of Alberta, and Court system of canada#Federal and provincial administrative tribunals, administrative boards and tribunals, as well as Reference question, references from the Lieutenant Governor of Alberta, Lieutenant Governor in Council (essentially the Alberta Cabinet). Some administrative appeals may bypass the Court of King's Bench, commonly orders made by professional discipline boards under the ''Medical Profession Act'', the ''Legal Profession Act'', but also under the ''Energy Resources Conservation Act''. Appeals from the Court of Appeal lie with the Supreme Court of Canada, Canada's court of last resort. Ot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Full Court
A full court (less formally, full bench) is a court of law sitting with a greater than normal number of judges. For a court which is usually presided over by one judge, a full court has three or more judges; for a court which, like many appellate courts, normally sits as a bench of three judges, a full court has a bench of five (or more) judges. The expression originated in England but seems largely to have fallen into disuse there, and instead the technical term "divisional court" is used when referring to a multi-judge panel in the High Court of England and Wales. However, the term is still used in Scotland, such as in the Court of Criminal Appeal, and in many other Commonwealth jurisdictions, such as Australia, New Zealand, South Africa, India, Pakistan, etc. Although possible, a full court typically does not involve the participation of ''all'' the judges of the court, a practice known in the United States as the court sitting ''en banc''. An example of an exception, where ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Question
In Canadian law, a reference question or reference case (formally called abstract review) is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation. Constitutional and statutory authority Reference jurisdiction of the Supreme Court of Canada The ''Constitution Act, 1867'', gives the federal Parliament the power to create a "General Court of Appeal for Canada", but does not define the jurisdiction of the Court. When Parliament created the Supreme Court of Canada in 1875, it gave the federal Cabinet the power to refer questions to the Supreme Court for the Court's opinion. That provision has been carried forward and is now found in the current ''Supreme Court Act''. Under that provision, the federal Cabinet may submit a question to the Supreme Court of Canada by means of an order-in-council. Once the questions have been submitted to the Cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Westminster 1931
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown. Passed on 11 December 1931, the statute increased the sovereignty of the self-governing Dominions of the British Empire from the United Kingdom. It also bound them all to seek each other's approval for changes to monarchical titles and the common line of succession. The statute was effective either immediately or upon ratification. It thus became a statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926. As the statute removed nearly all of the British parliament's authority to legislate for the Dominions, it had the effect of making the Dominions largely sovereign nations in their own right. It was a crucial step in the development of the Dominions as separate states. Its modified versions are now domestic law within Australia and Canada ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
