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Citizen's Insurance Co. V. Parsons
''Citizens Insurance Co of Canada v Parsons'' is a major Canadian constitutional case decided by the Judicial Committee of the Privy Council, at that time the highest court of appeal for the British Empire. The case decided a significant issue of the division of powers between the federal Parliament and the provincial legislatures. The approach taken to provincial power, as advocated by Premier Oliver Mowat of Ontario, began to set the constitutional framework for broad provincial powers and a reduction in the centralist vision of Confederation espoused by Prime Minister John A. Macdonald. At issue was the scope of provincial legislative jurisdiction over property and civil rights under s. 92(13) of the ''British North America Act, 1867'' (now the ''Constitution Act, 1867'') compared to the federal power over trade and commerce under s. 91(2). The Judicial Committee held that the provincial power included regulating individual business contracts, in this case insurance contract ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources. History Preamble and Part I The act begins with a preamble declaring ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Johnstone Ritchie
Sir William Johnstone Ritchie (October 28, 1813 – September 25, 1892) was one of the first judges appointed to the Supreme Court of Canada. He became the second Chief Justice of the court, and the second-longest serving Chief Justice to date. Life and career Ritchie was born in Annapolis Royal, Nova Scotia to Thomas Ritchie and Elizabeth Wildman Johnstone. He graduated from the Pictou Academy and went to study law in Halifax in the office of his brother, John William Ritchie. He was called to the bar of Nova Scotia in 1837 but moved to Saint John, New Brunswick, and was called to the bar of that province the following year. In 1846 he was elected to the Legislative Assembly of New Brunswick. In keeping with his pledge to resign if a fellow Liberal candidate failed to win a by-election, he gave up his seat in 1851, only to be re-elected three years later. In 1855 he left politics to accept an appointment to the Supreme Court of New Brunswick, and 10 years later he was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samuel Henry Strong
Sir Samuel Henry Strong (August 13, 1825 – August 31, 1909) was a lawyer and the third Chief Justice of Canada. Life Strong was born in Poole, England, to Samuel Spratt Strong and Jane Elizabeth Gosse. He emigrated to Upper Canada with his family in 1836, settling in Bytown (later known as Ottawa). He studied law in the office of local Ottawa lawyer Augustus Keefer. He was called to the bar in 1849 and established his practice in Toronto. He was elected a bencher of the Law Society of Upper Canada in 1860 and was made a QC in 1863. In 1869, Strong was appointed vice-chancellor of the Court of Chancery of Ontario. In 1874 he was appointed to the Ontario Court of Error and Appeal. Following Confederation he advised Prime Minister Sir John A. Macdonald on the establishment of the Supreme Court of Canada. He was named to the new court when it was created in 1875. He became Chief Justice in 1892 serving until his retirement in 1902, by which time he was the last of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of power ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 92(13) Of The Constitution Act, 1867
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] |
Section 91(2) Of The Constitution Act, 1867
Section 91(2) of the ''Constitution Act, 1867'', also known as the trade and commerce power, grants the Parliament of Canada the authority to legislate on: The development of Canadian constitutional law has given this power characteristics that are unique from those that are specified in the United States Constitution's Commerce Clause and the Australian Constitution's interstate trade and commerce power. Initial jurisprudence First examined in '' Citizen's Insurance Co. v. Parsons'' (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: Therefore, ''Parsons'' establishes three basic propositions about the trade and commerce power that have underlined all subsequent jurisprudence: Initially the scope for extraprovincial trade was set very narrowly by the Privy Council. In the '' Board of Commerce case'', the Privy Council suggested that the trade and commerce power applied only as an ancillary power to some other valid federal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General Of Ontario
The Attorney General of Ontario is the chief legal adviser to His Majesty the King in Right of Ontario and, by extension, the Government of Ontario. The Attorney General is a senior member of the Executive Council of Ontario (the cabinet) and oversees the Ministry of the Attorney General – the department responsible for the oversight of the justice system in the province of Ontario. The Attorney General is an elected Member of Provincial Parliament who is appointed by the Lieutenant Governor of Ontario on the constitutional advice of the Premier of Ontario. The goal of the Ministry of the Attorney General is to provide a fair and accessible justice system that reflects the needs of the diverse communities it serves across government and the province. The Ministry represents the largest justice system in Canada and one of the largest in North America. It strives to manage the justice system in an equitable, affordable and accessible way throughout the province. Doug Downe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dalton McCarthy
Dalton McCarthy (October 10, 1836 – May 11, 1898), or D'Alton McCarthy, was a Canadian lawyer and parliamentarian. He was the leader of the "Orange" or Protestant Irish, and fiercely fought against Irish Catholics as well as the French Catholics. He especially crusaded for the abolition of the French language in Manitoba and Ontario schools. McCarthy was first elected to the House of Commons of Canada in the 1878 federal election as a Conservative. An Irish-born Protestant, McCarthy was stridently anti-Catholic and anti-French Canadian. He broke with the Conservatives in the 1890s, running and being re-elected as an Independent Member of Parliament (MP) in the 1891 election. He appears to have been associated with the Equal Rights Party which ran in that election but did not run as their candidate. It was his firm, Boulton & McCarthy in Barrie, that was the first incarnation of what is now Canada's largest law firm, McCarthy Tétrault. He appeared in the Supreme Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Bethune
James Bethune (July 7, 1840 – December 18, 1884) was an Ontario lawyer and political figure. He represented Stormont in the Legislative Assembly of Ontario as a Liberal member from 1872 to 1879. He was born in Glengarry County in Upper Canada in 1840. He studied at Queen's College and University College. He articled in law, was called to the bar in 1862 and opened a practice in Cornwall. In 1865, he was named County Crown Attorney for Stormont, Dundas and Glengarry. He was called to the Quebec bar in 1869. He was elected to the 2nd Parliament of Ontario for Stormont in an 1872 by-election and was reelected in 1875. In 1870, he moved to Toronto and formed a law firm with Edward Blake and James Kirkpatrick Kerr James Kirkpatrick Kerr (1 August 1841 – 4 December 1916) was a Canadian lawyer and Senator. He served as Speaker of the Senate of Canada during the 11th Parliament from 14 January 1909 to 22 October 1911. Kerr was born in Guelph in what .... He retire ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christopher Robinson (Canadian Lawyer)
Christopher Robinson, (21 January 1828 – 31 October 1905) was a Canadian lawyer and prosecutor known for representing the Government of Canada in a number of high-profile cases and international disputes, including the trial of Métis rebel, Louis Riel. Upon graduation from Upper Canada College, he obtained a BA from Trinity College and an MA from the same institution and was called to the bar in 1850. He was appointed a QC in 1863. He twice represented the crown prosecution when Patrick J. Whelan appealed his conviction for the murder of D'Arcy McGee and was the prosecuting attorney that prevailed in the trial of Louis Riel. In his later career, he represented crown interests in the Bering Sea Arbitration of 1893 and was selected by Prime Minister Wilfrid Laurier to represent the Canadian position in a dispute with the United States regarding the boundaries of Alaska. Robinson declined a knighthood in 1894. He died in Toronto, Ontario Ontario ( ; ) is one of the t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Province Of Canada
The Province of Canada (or the United Province of Canada or the United Canadas) was a British colony in North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham, in the Report on the Affairs of British North America following the Rebellions of 1837–1838. The Act of Union 1840, passed on 23 July 1840 by the British Parliament and proclaimed by the Crown on 10 February 1841, merged the Colonies of Upper Canada and Lower Canada by abolishing their separate parliaments and replacing them with a single one with two houses, a Legislative Council as the upper chamber and the Legislative Assembly as the lower chamber. In the aftermath of the Rebellions of 1837–1838, unification of the two Canadas was driven by two factors. Firstly, Upper Canada was near bankruptcy because it lacked stable tax revenues, and needed the resources of the more populous Lower Canada to fund its internal transportation improvements. Seco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
