Figueroa V. Canada (Attorney General)
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Figueroa V. Canada (Attorney General)
''Figueroa v Canada (AG)'', 0031 S.C.R. 912 is a leading Supreme Court of Canada decision on the right to participate in a federal election under section 3 of the Canadian Charter of Rights and Freedoms. The Court struck down a provision requiring a political party to nominate 50 candidates before receiving certain benefits. Background Miguel Figueroa, the leader of the Communist Party of Canada, challenged the constitutionality of section 24 and 28 of the Canada Elections Act providing for a 50 candidate threshold as a violation of Section Three of the Canadian Charter of Rights and Freedoms. The court challenge originated after the 1993 general federal election when the CPC failed to field at least 50 candidates. Under the then Canada Elections Act, which had been amended just prior to the 1993 vote by the former Conservative government of Brian Mulroney, a registered federal party that fails to run at least 50 candidates in a general election would not only be automatically de-r ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises 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 appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada ( English and 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 application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon th ...
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Section Three Of The Canadian Charter Of Rights And Freedoms
Section 3 of the ''Canadian Charter of Rights and Freedoms'' is a section that constitutionally guarantees Canadian citizens the democratic right to vote in a general federal or provincial election and the right to be eligible for membership in the House of Commons or of a provincial legislative assembly, subject to the requirements of Section 1 of the Charter. Federal judges, prisoners and those in mental institutions have gained the franchise as a result of this provision, whereas the restriction on minors voting was found to be permissible due to section 1. Section 3 is one of the provisions in the ''Charter'' that cannot be overridden by Parliament or a legislative assembly under Section 33 of the Charter, the notwithstanding clause. Section 3's exemption from Section 33 provides extra legal protection to the right to vote and it may prevent Parliament or the provincial governments from disenfranchising any Canadian citizen for ideological or political purposes, among other ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the '' Constitution Act, 1982''. The ''Charter'' was preceded by the ''Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws ...
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Miguel Figueroa
Miguel Figueroa (born July 29, 1952) is a Canadian political activist who was the leader of the Communist Party of Canada from 1992 to 2015. He is known for the landmark Figueroa case, which redefined the role of small parties and Canadian Parliamentary democracy, as well as his role re-establishing the Communist Party of Canada in the post-Soviet era. Early political career Figueroa was born in Montreal, Quebec, Canada. He attended Dawson College, McGill and Concordia in Montreal, before joining the staff of the National Union of Students in 1975 as a national field organizer. Figueroa joined the Communist Party in 1977 and held many positions within the Party. In 1978, he became the party's Greater Vancouver organizer, working with people such as city councilors Harry Rankin and Bruce Yorke as well as Party activists across the region. He also helped organize demonstrations which brought scores of thousands onto the streets, marching for nuclear disarmament. From 1986 ...
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Communist Party Of Canada
The Communist Party of Canada (french: Parti communiste du Canada) is a federal political party in Canada, founded in 1921 under conditions of illegality. Although it does not currently have any parliamentary representation, the party's candidates have previously been elected to the House of Commons, the Ontario legislature, the Manitoba legislature, and various municipal governments across the country. The party has also made significant contributions to Canada's trade union, labour, and peace movements. The Communist Party of Canada is the second oldest active political party in Canada, after the Liberal Party of Canada. In 1993 the party was de-registered and had its assets seized, forcing it to begin what would become a successful thirteen-year political and legal battle to maintain the registration of small political parties in Canada. The campaign culminated with the final decision of '' Figueroa v. Canada (AG)'', changing the legal definition of a political party in ...
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Canada Elections Act
The ''Canada Elections Act'' (french: Loi électorale du Canada; full title: ''An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts'', full title in french: Loi concernant l’élection des députés à la Chambre des communes, modifiant certaines lois et abrogeant certaines autres lois) is an Act of the Parliament of Canada which regulates the election of members of parliament to the House of Commons of Canada. The Act has been amended many times over Canada's history. The ''Canada Election Act'' limits spending on election advertising by interest groups, which was upheld by the Supreme Court of Canada in ''Harper v. Canada (Attorney General)'' (2004). It also sets out various provisions regarding the publication or broadcast of election advertising and election results. In 1989, the government of Canada appointed the Royal Commission on Electoral Reform and Party Fina ...
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Brian Mulroney
Martin Brian Mulroney ( ; born March 20, 1939) is a Canadian lawyer, businessman, and politician who served as the 18th prime minister of Canada from 1984 to 1993. Born in the eastern Quebec city of Baie-Comeau, Mulroney studied political science and law. He then moved to Montreal and gained prominence as a labour lawyer. After placing third in the 1976 Progressive Conservative leadership election, he was appointed president of the Iron Ore Company of Canada in 1977. He held that post until 1983, when he successfully became leader of the Progressive Conservatives. He then led the party to a landslide victory in the 1984 federal election, winning the second-largest percentage of seats in Canadian history (at 74.8 percent) and receiving over 50 percent of the popular vote. Mulroney later won a second majority government in 1988. Mulroney's tenure as prime minister was marked by the introduction of major economic reforms, such as the Canada–United States Free Trade Agr ...
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Anne Molloy
Anne, alternatively spelled Ann, is a form of the Latin female given name Anna. This in turn is a representation of the Hebrew Hannah, which means 'favour' or 'grace'. Related names include Annie. Anne is sometimes used as a male name in the Netherlands, particularly in the Frisian speaking part (for example, author Anne de Vries). In this incarnation, it is related to Germanic arn-names and means 'eagle'.See entry on "Anne" in th''Behind the Name'' databaseand th"Anne"an"Ane"entries (in Dutch) in the Nederlandse Voornamenbank (Dutch First Names Database) of the Meertens Instituut (23 October 2018). It has also been used for males in France (Anne de Montmorency) and Scotland (Lord Anne Hamilton). Anne is a common name and the following lists represent a small selection. For a comprehensive list, see instead: . As a feminine name Anne * Saint Anne, Mother of the Virgin Mary * Anne, Queen of Great Britain (1665–1714), Queen of England, Scotland, and Ireland (1702–07) an ...
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Peter Rosenthal
Peter Michael Rosenthal (born June 1, 1941) is Canadian-American Professor Emeritus of Mathematics at the University of Toronto, an adjunct professor of Law at the University of Toronto, and a lawyer in private practice. Early life Rosenthal grew up in Queens, New York with his parents and two brothers. Mathematics career Rosenthal graduated from Queens College, City University of New York with a B.S. in Mathematics in 1962. In 1963 he obtained an MA in Mathematics and in 1967 a Ph.D. in Mathematics from the University of Michigan; his Ph.D. thesis advisor was Paul Halmos. His thesis, "On lattices of invariant subspaces" concerns operators on Hilbert space, and most of his subsequent research has been in operator theory and related fields. Much of his work has been related to the invariant subspace problem, the still-unsolved problem of the existence of invariant subspaces for bounded linear operators on Hilbert space. Among many other topics, he has made substantial contrib ...
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Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ...
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Frank Iacobucci
Frank Iacobucci (born June 29, 1937) is a former Puisne Justice of the Supreme Court of Canada from 1991 until his retirement from the bench in 2004. He was the first Italian-Canadian, allophone judge on the court. Iacobucci was also the first judge on the Supreme Court to have been born, raised and educated in British Columbia. Iacobucci has had a distinguished career in private practice, academia, the civil service and the judiciary. Before his elevation to the nation's top court, he was a tenured professor of law at the University of Toronto Faculty of Law for eighteen years, and was appointed dean of the faculty in 1979. From 1985 to 1988, he served as the Deputy Attorney General of Canada, playing a key role in constitutional law negotiations during the Meech Lake Accord process. Prime Minister Brian Mulroney appointed him Chief Justice of the Federal Court of Canada in 1988. As a former private corporate lawyer, he is considered an expert in business and tax law. ...
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List Of Supreme Court Of Canada Cases (McLachlin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Beverley McLachlin as Chief Justice 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 sy ... to her retirement in 2017. 2000–2004 2005–2009 2010–2017 See also * List of notable Canadian Courts of Appeals cases {{Supreme Court of Canada (2000-present) ...
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