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Double Aspect
Double aspect is a legal doctrine in Canadian constitutional law that allows for laws to be created by both provincial and federal governments in relation to the same subject matter. Typically, the federalist system assigns subject matters of legislation to a single head of power. However, certain matters have several dimensions to them, such that for one purpose the matter will fall to one head of power, while for another purpose, it will fall to the other. For example, highway traffic laws fall into the property and civil rights power of the province, but equally, can be a criminal offence which is in the criminal law power of the federal government. The origin of the doctrine comes from the Privy Council decision of '' Hodge v. The Queen'', where it was stated that "subjects which in one aspect and for one purpose fall within s. 92, may in another aspect and for another purpose fall within s. 91". Matters of double aspect The Courts have established several matters that ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Constitutional Law
Canadian constitutional law () is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect. In ''Reference re Secession of Quebec'', the Supreme Court characterized four fundamental and organizing principles of the Constitution (though not exhaustive): federalism; democracy; constitutionalism and the rule of law; and protection of minorities. Reviewable matters and legal standing Under the authority of section 52(1) of the ''Constitution Act, 1982'', courts may review all matters of law. Accordingly, the courts have a broad scope of competence. Constitutional issues come before the court through disputes between parties as well as through reference questions. The court has the discretion to hear any Constitutional issues as long as there is a sufficient legal component. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Federalism
Canadian federalism () involves the current nature and historical development of the federal system in Canada. Canada is a federation with eleven components: the national Government of Canada and ten provincial governments. All eleven governments derive their authority from the Constitution of Canada. There are also three territorial governments in the far north, which exercise powers delegated by the federal parliament, and municipal governments which exercise powers delegated by the province or territory. Each jurisdiction is generally independent from the others in its realm of legislative authority. The division of powers between the federal government and the provincial governments is based on the principle of exhaustive distribution: all legal issues are assigned to either the federal Parliament or the provincial Legislatures. The division of powers is set out in the ''Constitution Act, 1867'' (originally called the ''British North America Act, 1867''), a key docum ... [...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] |
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 cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hodge V
Hodge may refer to: Places United States *Hodge, California, an unincorporated community *Hodge, Louisiana, a village *Hodge, Missouri, an unincorporated community *The Hodge Building, the historic name of the Begich Towers in Whittier, Alaska Other *Hodge Escarpment, Edith Ronne Land, Antarctica Other uses *Hodge (surname) *Hodge baronets, two titles in the Baronetage of the United Kingdom, one extinct *Hodge 301, a star cluster in the Tarantula Nebula *Hodge (cat), Dr. Samuel Johnson's cat *Hodge, pseudonym of Roger Squires Roger Squires (born 22 February 1932 in Tettenhall, Wolverhampton, England) is a retired British crossword compiler/setter, living in Ironbridge, Shropshire, who is best known for being the world's most prolific compiler. He compiled under the ..., crossword compiler See also *A list of mathematical concepts named after W. V. D. Hodge * Hodges (other) {{disambiguation, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Hogg
Peter Wardell Hogg (12 March 1939 – 4 February 2020) was a New Zealand-born Canadian legal scholar and lawyer. He was best known as a leading authority on Canadian constitutional law, with the most academic citations in Supreme Court jurisprudence of any living scholar during his lifetime, according to Emmett Macfarlane of the University of Waterloo. Early life and education Born in Lower Hutt, New Zealand, on 12 March 1939, Hogg attended Nelson College from 1952 to 1956. He earned his LLB from Victoria University College, a constituent college of the University of New Zealand, in 1962, his LLM from Harvard University in 1963, and his PhD from Monash University in Melbourne, Australia, in 1970. Career In 1970, he was appointed Professor of Law at Osgoode Hall Law School in Toronto and was appointed Dean in 1998. In 2003 he accepted a position as scholar in residence at the law firm of Blake, Cassels & Graydon LLP. Hogg wrote several books, including ''Constitutional Law of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the ''Constitution Act, 1982'', the Canadian Constitution consists of the ''Canada Act 1982'' (which includes the ''Constitution Act, 1982''), acts and orders referred to in its schedule (including in particular the ''Constitution Act, 1867'', formerly the ''British North America Act, 1867''), and any amendments to these documents. The Supreme Court of Canada has held that the list is not exhaustive and also includes a number of pre-confederation acts and unwritten components ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federalism In Canada
Canadian federalism () involves the current nature and historical development of the federal system in Canada. Canada is a federation with eleven components: the national Government of Canada and ten Provinces and territories of Canada, provincial governments. All eleven governments derive their authority from the Constitution of Canada. There are also three territorial governments in the far north, which exercise powers delegated by the Parliament of Canada, federal parliament, and municipal governments which exercise powers delegated by the province or territory. Each jurisdiction is generally independent from the others in its realm of legislative authority. The division of powers between the federal government and the provincial governments is based on the principle of exhaustive distribution: all legal issues are assigned to either the federal Parliament or the provincial Legislatures. The division of powers is set out in the ''Constitution Act, 1867'' (originally ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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