Chief Justices Of Canada
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Chief Justices Of Canada
The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court system. The ''Supreme Court Act'' makes the chief justice, a Crown in Council appointment, meaning the Crown acting on the advice of the prime minister and minister of justice. The chief justice serves until they resign, turn 75 years old, die, or are removed from office for cause. By tradition, a new chief justice is chosen from among the court's incumbent puisne justices. The chief justice has significant influence in the procedural rules of the Court, presides when oral arguments are held, and leads the discussion of cases among the justices. The chief justice is also deputy governor general, ''ex-officio'' chairman of the Canadian Judicial Council, and heads the committee that selects recipients of the Order of Canada. Additionally, a ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Sir William Buell Richards
Sir William Buell Richards (May 2, 1815 – January 26, 1889) was the first Chief Justice of Canada. Richards was born in Brockville, Upper Canada, to Stephen Richards and Phoebe Buell. He earned law degree at the St. Lawrence Academy in Potsdam, New York and then articled with his uncle Andrew Norton Buell in Brockville. He was called to the bar in 1837 and continued to practice in Brockville with George Malloch until 1853 and then with his uncle again. In 1848 Richards was elected to the Legislative Assembly of the Province of Canada for the riding of Leeds, and by 1851 he became the Attorney General for Canada West. Leaving politics in June 1853, he was appointed to the Court of Common Pleas of Canada West and by 1863 he became Chief Justice. In November 1868 Richards was appointed to Chief Justice of the province which was the highest court in Ontario at that time, the Supreme Court not yet having been created. It was during this time that he heard the appeal of Patric ...
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Ex-officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term ''ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right of office'; its use dates back to the Roman Republic. According to ''Robert's Rules of Order'', the term denotes only how one becomes a member of a body. Accordingly, the rights of an ''ex officio'' member are exactly the same as other members unless otherwise stated in regulations or bylaws. It relates to the notion that the position refers to the position the ex officio holds, rather than the individual that holds the position. In some groups, ''ex officio'' members may frequently abstain from voting. Opposite notions are dual mandate, when the same person happens to hold two offices or more, although these offices are not in themselves associated; and personal union, when two states share the same monarch. For profit and nonprofit us ...
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Oral Arguments
Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute. Oral argument operates by each party in a case taking turns to speak directly to the judge or judges with an equal amount of time allotted to each. A party may often reserve part of their time to be used for rebuttal after their adversary has presented. Presenting lawyers usually cannot simply make speeches or read their briefs when presenting oral argument to an appeal court. Unlike trial court procedure, wh ...
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Procedures Of The Supreme Court Of Canada
The procedures of the Supreme Court of Canada for hearing cases is established in the ''Rules of the Supreme Court of Canada'', the Supreme Court Act, and by tradition. Terms and sittings Hearings of the Supreme Court take place exclusively in the Supreme Court building in Ottawa. The Court sits three times a year for three months at a time starting in January, April, and October. Every two weeks that the Court sits is followed by a two-week break making for a total of 18 weeks a year of hearings. The Mondays are often reserved for hearing motions regarding ongoing appeals. The remaining days of the week the Court is used for hearings. The Court will hear one or two cases a day beginning at 9:30 a.m. Quorum of the Court requires five Justices, but most cases are heard by a panel of seven or nine Justices. The Chief Justice presides over each hearing. If the Chief Justice is not available, the senior puisne justice on the panel will preside. Hearings are live-streamed through ...
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Puisne Justice
A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use The term is used almost exclusively in common law jurisdictions: the jurisdiction of England and Wales within the United Kingdom; Australia, including its states and territories; Canada, including its provinces and territories; India, including its states and territories; Pakistan, its provinces, and Azad Kashmir; the British possession of Gibraltar; Kenya; Sri Lanka; South Africa in rural provinces and Hong Kong. In Australia, the most senior judge after a chief justice in superior state courts is referred to as the "senior puisne judge". Use is rare outside of, usually internal, court (judicial) procedural decisions as to which will sit or has sat in hearings or appeals. The term is dated in detailed, academic case law analyses and, to varying degree direct applicability in higher co ...
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Incumbent
The incumbent is the current holder of an official, office or position, usually in relation to an election. In an election for president, the incumbent is the person holding or acting in the office of president before the election, whether seeking re-election or not. In some situations, there may not be an incumbent at time of an election for that office or position (ex; when a new electoral division is created), in which case the office or position is regarded as vacant or open. In the United States, an election without an incumbent is referred to as an open seat or open contest. Etymology The word "incumbent" is derived from the Latin verb ''incumbere'', literally meaning "to lean or lay upon" with the present participle stem ''incumbent-'', "leaning a variant of ''encumber,''''OED'' (1989), p. 834 while encumber is derived from the root ''cumber'', most appropriately defined: "To occupy obstructively or inconveniently; to block fill up with what hinders freedom of motion or ...
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Minister Of Justice And Attorney General Of Canada
The minister of justice and attorney general of Canada () is a dual-role portfolio in the Canadian Cabinet. The officeholder in the role of Minister of Justice () serves as the minister of the Crown responsible for the Department of Justice and the justice portfolio, and in the role of Attorney General (), litigates on behalf of the Crown and serves as the chief legal advisor to the Government of Canada. (Though most prosecution functions of the attorney general have been assigned to the Public Prosecution Service of Canada. The attorney general is supported in this role by the director of public prosecutions.) Attorney General of Canada The role was created in 1867 to replace the attorney general of Canada West and attorney general of Canada East. As the top prosecuting officer in Canada, 'attorney general' is a separate title held by the minister of justice—a member of the Cabinet. The minister of justice is concerned with questions of policy and their relationship to t ...
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King-in-Council
The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of approving orders, in the presence of the country's executive council. Norway In Norway, the "King in Council" ( no, Kongen i statsråd) refers to the meetings of the King and the Council of State (the Cabinet), where matters of importance and major decisions are made. The council meets at the Royal Palace and these meetings are normally held every Friday. It is chaired by the king or, if he is ill or abroad, the crown prince. In Norway's Constitution, when formulated as ''King in Council'' (''Kongen i Statsråd'') refers to the formal Government of Norway. When the formulation is merely ''King'', the appointed ministry that the law refers to may alone act with complete authority of the matter assigned in the particular la A decision that is ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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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 ...
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Prime Minister Of Canada
The prime minister of Canada (french: premier ministre du Canada, link=no) is the head of government of Canada. Under the Westminster system, the prime minister governs with the Confidence and supply, confidence of a majority the elected House of Commons of Canada, House of Commons; as such, the prime minister typically sits as a Member of Parliament (Canada), member of Parliament (MP) and leads the largest party or a coalition of parties. As List of current Canadian first ministers, first minister, the prime minister selects ministers to form the Cabinet of Canada, Cabinet, and serves as its chair. Constitutionally, Government of Canada#Crown, the Crown exercises Executive (government), executive power on the Advice (constitutional law), advice of the Cabinet, which is collectively Responsible government, responsible to the House of Commons. Justin Trudeau is the List of prime ministers of Canada, 23rd and current prime minister of Canada. He took office on November 4, 2015 ...
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