In Re Regulation And Control Of Aeronautics In Canada
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In Re Regulation And Control Of Aeronautics In Canada
''Canada (AG) v Ontario (AG)'', also known as ''In re the Regulation and Control of Aeronautics in Canada'' and the ''Aeronautics Reference'', is a decision of the Judicial Committee of the Privy Council on the interpretation of the Canadian Constitution. Lord Sankey decided in the case that the federal government has the authority to govern the subject of aeronautics, including licensing of pilots, aircraft, and commercial services and regulations for navigation and safety. Background As part of the negotiations at the Paris Peace Conference, the Paris Convention of 1919 set up an international framework for regulation of aerial navigation. It was drawn up and signed by all parties, including Canada. It was ratified on behalf of the British Empire in 1922, and the Parliament of Canada subsequently passed legislation on the matter. In a federal-provincial conference in 1927, questions were raised as to whether there really was federal jurisdiction to regulate this field. The ...
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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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Reference Question
In Canadian law, a reference question or reference case (formally called abstract review) is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation. Constitutional and statutory authority Reference jurisdiction of the Supreme Court of Canada The ''Constitution Act, 1867'', gives the federal Parliament the power to create a "General Court of Appeal for Canada", but does not define the jurisdiction of the Court. When Parliament created the Supreme Court of Canada in 1875, it gave the federal Cabinet the power to refer questions to the Supreme Court for the Court's opinion. That provision has been carried forward and is now found in the current ''Supreme Court Act''. Under that provision, the federal Cabinet may submit a question to the Supreme Court of Canada by means of an order-in-council. Once the questions have been submitted to the Cour ...
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Judicial Committee Of The Privy Council Cases On Appeal From Canada
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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Canadian Federalism Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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History Of Aviation In Canada
The history of aviation in Canada begins with the first manned flight in a balloon at Saint John, New Brunswick in 1840. The development of the aviation industry in Canada was shaped by the interplay of Canadian national ambitions, national and international politics, economics, and technology. Experimental aviation started in Canada with the test flights of Bell's Silver Dart in 1909,Milberry 1984, p. 460. following the epochal flight of the Wright Brothers in 1903. The experimental phase gave way to use of aircraft in warfare. Many Canadians served in the British Royal Flying Corps and Royal Air Force during the First World War. After the war, aircraft turned from an expensive novelty into a vital transportation tool, particularly useful in exploration and development of Canada's North. Canadians who had served with the RAF put their acquired aviation skills to peacetime use. Aviation was applied to the task of tying together far-flung communities in the North, and to gat ...
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Peace, Order And Good Government
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados, Canada, Australia and formerly New Zealand and South Africa. It is often contrasted with "life, liberty and the pursuit of happiness", a spiritually analogous phrase found in the US Declaration of Independence. Background Legal documents often contain a residual clause which expresses which entity will have authority over jurisdictions that have not otherwise been delineated or are in dispute. While specific authorities are often enumerated in legal documents as well, the designation of a residual power helps provide direction to future decision-makers and in emerging issue areas. At its origin, the preferred phrase was "peace, ''welfare'' and good government," but ...
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Ontario V Canada Temperance Federation
''Ontario (AG) v Canada Temperance Federation'' was a famous Canadian constitutional decision of the Judicial Committee of the Privy Council and was among the first cases to examine the peace, order, and good government power of the Constitution Act, 1867. It was the first decision to bring back the "national concerns" branch of peace, order and good government since it was first suggested in the Local Prohibitions case. Background In June 1939, the Ontario government posed the following reference question to the Court of Appeal of Ontario: In presenting its case, Ontario argued: #While the Act had been declared valid in '' Russell v. The Queen'', Viscount Haldane had commented in the later case of ''Toronto Electric Commissioners v. Snider'' that ''Russell'' could be supported now only on the ground that it was dealing with a matter that was "a menace to the national life of Canada" at that time (an emergency). #When the revised Act was enacted in 1927, having been original ...
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Johannesson V West St
Johannesson is a surname of Swedish or Icelandic origin, meaning ''son of Johannes''. In Icelandic names the name is not strictly a surname, but a patronymic. In Icelandic names the name is spelled ''Jóhannesson'', with the ''accent acute'' over the ó. The name refers to: * Axella Johannesson (b. 1958), Australian singer and songwriter *Berit Jóhannesson (b. 1946), Swedish politician; member of the ''Riksdag ''1998–2006 *Jón Ásgeir Jóhannesson (b. 1968), Icelandic businessman and investment manager * Karen H. Johannesson, American geochemist * Kerstin Johannesson (born 1955), Swedish biologist *Konrad Johannesson (1896–1968), Canadian professional ice hockey player * Laurel Johannesson (contemporary), Canadian artist *Markus Johannesson (b. 1975), Swedish professional football player *Mona Johannesson (b. 1987), Swedish model *Ólafur Jóhannesson (b. 1957), Icelandic professional football manager *Ólafur Jóhannesson Ólafur Jóhannesson (1 March 1913 – 20 May 19 ...
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Convention On International Civil Aviation
The Convention on International Civil Aviation, also known as the Chicago Convention, established the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations charged with coordinating international air travel. The Convention establishes rules of airspace, aircraft registration and safety, security, and sustainability, and details the rights of the signatories in relation to air travel. The Convention also contains provisions pertaining to taxation. The document was signed on December 7, 1944, in Chicago by 52 signatory states. It received the requisite 26th ratification on March 5, 1947, and went into effect on April 4, 1947, the same date that ICAO came into being. In October of the same year, ICAO became a specialized agency of the United Nations Economic and Social Council (ECOSOC). The Convention has since been revised eight times (in 1959, 1963, 1969, 1975, 1980, 1997, 2000 and 2006). As of March 2019, the Chicago Convention had 193 st ...
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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 federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, 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 Parliament of the United Kingdom, 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 ove ...
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Attorney General Of Canada
The asterisk ( ), from Late Latin , from Ancient Greek , ''asteriskos'', "little star", is a typographical symbol. It is so called because it resembles a conventional image of a heraldic star. Computer scientists and mathematicians often vocalize it as star (as, for example, in ''the A* search algorithm'' or ''C*-algebra''). In English, an asterisk is usually five- or six-pointed in sans-serif typefaces, six-pointed in serif typefaces, and six- or eight-pointed when handwritten. Its most common use is to call out a footnote. It is also often used to censor offensive words. In computer science, the asterisk is commonly used as a wildcard character, or to denote pointers, repetition, or multiplication. History The asterisk has already been used as a symbol in ice age cave paintings. There is also a two thousand-year-old character used by Aristarchus of Samothrace called the , , which he used when proofreading Homeric poetry to mark lines that were duplicated. Origen is know ...
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Paramountcy (Canada)
In Canadian constitutional law, the doctrine of paramountcy (french: prépondérance fédérale) establishes that where there is a conflict between valid provincial and federal laws, the federal law will prevail and the provincial law will be inoperative to the extent that it conflicts with the federal law. Unlike interjurisdictional immunity, which is concerned with the scope of the federal power, paramountcy deals with the way in which that power is exercised. The only exception to the doctrine is under section 94A of the ''Constitution Act, 1867'', which allows both the federal government and the provinces to make laws for old age pensions and supplementary benefits, but, to the extent of any conflict, the provincial law is paramount over the federal law. Nature of the doctrine Paramountcy is relevant where there is conflicting federal and provincial legislation. As Justice Major explained in ''Rothmans'': Claims in paramountcy may arise from two different forms of confl ...
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