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Dow V Black
Dow v Black is a Canadian constitutional law decision. It was one of the first major cases examining in detail the division of powers between the federal Parliament and the provincial Legislatures, set out in the ''Constitution Act, 1867'' (originally known as the ''British North America Act, 1867''). The issue was whether a provincial statute which authorised the municipality of St. Stephen, New Brunswick to issue a debenture to fund a railway connecting to the United States was within provincial jurisdiction as a local tax matter, or whether it intruded on federal jurisdiction over inter-provincial and international railways. The case was decided by the Judicial Committee of the Privy Council, at that time the court of last resort for Canada within the British Empire. The Judicial Committee allowed an appeal from the Supreme Court of New Brunswick and held that the legislation was within provincial jurisdiction as a matter of local taxation, coming under sections 92(2) and ...
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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 ...
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Debec, New Brunswick
Debec is a community in Carleton County in the Canadian province of New Brunswick. An outdoor community park known locally as "The Field of Dreams" was established in the early 2000s, giving local residents a place to ice skate, play volleyball and baseball. It hosts the annual summer celebration each August, "Debec Days," which is facilitated by the Debec Recreation Council. History Debec was named after George De Beck who settled there in 1835. Before that it was known as ''Blairs Mills'' after Andrew Blair, surveyor and father of premier Andrew George Blair. It is southwest of Woodstock, and close to the Maine border. It developed as a railway junction. Canadian Pacific Railway trains ran along the north-south tracks from Woodstock to McAdam, and Debec was a junction for trains running from Woodstock to Houlton, Maine. The border between Maine and New Brunswick was fluid in the late 19th and early 20th century - at least for people. Men followed the work to Maine, part ...
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Confederation Of Canada
Canadian Confederation (french: Confédération canadienne, link=no) was the process by which three British North American provinces, the Province of Canada, Nova Scotia, and New Brunswick, were united into one federation called the Dominion of Canada, on July 1, 1867. Upon Confederation, Canada consisted of four provinces: Ontario and Quebec, which had been split out from the Province of Canada, and the provinces of Nova Scotia and New Brunswick. Over the years since Confederation, Canada has seen numerous territorial changes and expansions, resulting in the current number of ten provinces and three territories. Terminology Canada is a federation and not a confederate association of sovereign states, which is what "confederation" means in contemporary political theory. It is nevertheless often considered to be among the world's more decentralized federations. The use of the term ''confederation'' arose in the Province of Canada to refer to proposals beginning in the 1850s to f ...
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London Conference Of 1866
The London Conference was held in London, in the United Kingdom, in 1866. It was the third and final in a series of conferences that led to Canadian Confederation in 1867. Sixteen delegates from the Province of Canada, Nova Scotia, and New Brunswick gathered to set out the final outline of the proposed Canadian Confederation, resulting in the ''British North America Act, 1867'' (now the ''Constitution Act, 1867''). Upon the conclusion of the discussions by the delegates, the British government directed that a bill be drafted to implement the resolutions of the Conference. Introduced in 1867, the ''British North America Act, 1867'' was passed by both Houses of Parliament and then received royal assent from Queen Victoria on March 29, 1867. It was proclaimed in force on July 1, 1867, creating the Dominion of Canada. The Conference The London Conference began on December 4, 1866. It was a continuation of the Quebec Conference held in 1864, which had produced the Quebec Resol ...
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Quebec Conference, 1864
The Quebec Conference was held from October 10 to 24, 1864, to discuss a proposed Canadian confederation. It was in response to the shift in political ground when the United Kingdom and the United States had come very close to engaging in war with each other. Therefore, the overall goal of the conference was to elaborate on policies surrounding federalism and creating a single state, both of which had been discussed at the Charlottetown Conference around a month earlier. Canada West leader John A. Macdonald requested Governor-General Charles Monck to invite all representatives from the three Maritime provinces and Newfoundland to meet with the candidates who formed the United Canada to Quebec in October 1864. Although Newfoundland sent two observers, it did not participate directly in the proceedings. The beginnings at Charlottetown The Charlottetown Conference of September 1864, laid the foundations for the Quebec Conference and was a significant meeting that would determi ...
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Father Of Confederation
The Fathers of Confederation are the 36 people who attended at least one of the Charlottetown Conference of 1864 (23 attendees), the Quebec Conference of 1864 (33 attendees), and the London Conference of 1866 (16 attendees), preceding Canadian Confederation. Only eleven people attended all three conferences. Table of participation The following table lists the participants in the Charlottetown, Quebec, and London Conferences and their attendance at each stage. Group photographs Other possible claimants to title Four other individuals have been labelled as Fathers of Confederation. Hewitt Bernard, who was the recording secretary at the Charlottetown Conference, is considered by some to be a Father of Confederation. The leaders most responsible for bringing three specific provinces into Confederation after 1867 are also referred to as Fathers of Confederation. * The provisional government established by Louis Riel ultimately negotiated the terms under which Manitoba entered t ...
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Decree Nisi
A decree nisi or rule nisi () is a court order that will come into force at a future date unless a particular condition is met. Unless the condition is met, the ruling becomes a decree absolute (rule absolute), and is binding. Typically, the condition is that an adversely affected party provide satisfactory evidence or argument that the decree should ''not'' take effect (i.e. the decree takes effect unless the party shows that it should not). For that reason, a decree nisi may also be called a rule, order or decree to show cause. Using the example of a divorce, the wording of such a decree is generally in the form of "that the marriage solemnized on (date) between AB and CD, be dissolved by reason of (grounds) UNLESS sufficient cause be shown to the court why this decree should not be made absolute within six weeks". This allows time for any party who objects to the divorce to come forward with those objections. When no objection is raised by either party, an automatic dissolution ...
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Decree Nisi
A decree nisi or rule nisi () is a court order that will come into force at a future date unless a particular condition is met. Unless the condition is met, the ruling becomes a decree absolute (rule absolute), and is binding. Typically, the condition is that an adversely affected party provide satisfactory evidence or argument that the decree should ''not'' take effect (i.e. the decree takes effect unless the party shows that it should not). For that reason, a decree nisi may also be called a rule, order or decree to show cause. Using the example of a divorce, the wording of such a decree is generally in the form of "that the marriage solemnized on (date) between AB and CD, be dissolved by reason of (grounds) UNLESS sufficient cause be shown to the court why this decree should not be made absolute within six weeks". This allows time for any party who objects to the divorce to come forward with those objections. When no objection is raised by either party, an automatic dissolution ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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New Brunswick Legislature
The New Brunswick Legislature is the legislature of the province of New Brunswick, Canada. Today, the legislature is made of two elements: the Lieutenant Governor of New Brunswick, and the unicameral assembly called the Legislative Assembly of New Brunswick. The legislature has existed ''de jure'' since New Brunswick separated from Nova Scotia in 1784, but was not first convened until 1786. Like the Canadian federal government, New Brunswick uses a Westminster-style system, in which members are sent to the Legislative Assembly after general elections. Usually the leader of the party with the most seats is asked by the Lieutenant Governor to form a government who then becomes Premier of New Brunswick and appoints an Executive Council of New Brunswick. The premier is New Brunswick's head of government, while the Lieutenant Governor represents Canada's head of state Charles III, King of Canada. The legislature was originally bicameral, with an upper house called the Legislative Co ...
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