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Interjurisdictional Immunity
In Canadian Constitutional law, interjurisdictional immunity is the legal doctrine that determines which legislation arising from one level of jurisdiction may be applicable to matters covered at another level. Interjurisdictional immunity is an exception to the pith and substance doctrine, as it stipulates that there is a core to each federal subject matter that cannot be reached by provincial laws. While a provincial law that imposes a tax on banks may be ruled ''intra vires'', as it is not within the protected core of banking, a provincial law that limits the rights of creditors to enforce their debts would strike at such a core and be ruled inapplicable. The paramountcy doctrine states that if two pieces of legislation meet, regulate the same activities, and conflict, the federal legislation is paramount, prevails and renders the provincial legislation ''inoperative''. In contrast, the ''interjurisdictional immunity doctrine'' is activated even if there is no meeting of legislat ... [...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 Maritime Law
Canadian maritime law is based on the field of "Navigation and Shipping" vested in the Parliament of Canada by virtue of s. 91(10) of the ''Constitution Act, 1867''. Scope of jurisdiction Canada has adopted an expansive definition of its maritime law, which goes beyond traditional admiralty law. The original English admiralty jurisdiction was called "wet", as it concerned itself with things done at sea, including collisions, salvage and the work of mariners, and contracts and torts performed at sea. Canadian law has added "dry" jurisdiction to this field, which includes such matters as: * stevedoring, * marine insurance, * warehousing and security services, * contracts of agency (law), agency, and * contracts of affreightment, carriage. This list is not exhaustive of the subject matter. History Canadian jurisdiction was originally consolidated in 1891, with subsequent expansions in 1934 following the passage of the ''Statute of Westminster 1931'', and in 1971 with the extensio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intergovernmental Immunity (Australia)
In Australia, the doctrine of intergovernmental immunity defines the circumstances in which Commonwealth laws can bind the States, and where State laws can bind the Commonwealth. This is distinct from the doctrine of crown immunity, as well as the rule expressed in Section 109 of the Australian Constitution which governs conflicts between Commonwealth and State laws. Early doctrine The inaugural High Court Prior to 1920, the High Court of Australia tended to employ the US jurisprudence governing intergovernmental immunity, expressing it as an implied immunity of instrumentalities, where neither the Commonwealth nor State governments could be affected by the laws of the other. (2003) 31 Federal Law Review 507. This was first expressed in ''D'Emden v Pedder'', '' Deakin v Webb'', and the ''Railway Servants' case''. As Griffith CJ declared in the first case: In considering the respective powers of the Commonwealth and of the States it is essential to bear in mind that each is, w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intergovernmental Immunity (United States)
In United States Constitutional Law, intergovernmental immunity is a doctrine that prevents the federal government and individual state governments from intruding on each other's sovereignty. It is also referred to as a Supremacy Clause immunity or simply federal immunity from state law. The doctrine was established by the United States Supreme Court in '' McCulloch v. Maryland'' (1819), which ruled unanimously that states may not regulate property or operations of the federal government. In that case, Maryland state law subjected banks not chartered by the state to restrictions and taxes. In ''McCulloch's'' case, state law had attempted to impose these restrictions on the Second Bank of the United States. The Court found that if a state had the power to tax a federally incorporated institution, then the state effectively had the power to destroy the federal institution, thereby thwarting the intent and purpose of Congress. This would make the states superior to the federal governmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cooperative Federalism
Cooperative federalism, also known as marble-cake federalism, is defined as a flexible relationship between the federal and state governments in which both work together on a variety of issues and programs. In the United States In the American federal system, there are limitations on national government's ability to carry out its policies through the executive branch of state governments. For example, in '' Printz v. United States'', 521 U.S. 898 (1997) the Court held that the national government could not directly require state law enforcement officers to conduct background checks under the Brady Handgun Violence Prevention Act legislation. The court explained that prior decisions warned that "this Court never has sanctioned explicitly a federal command to the States to promulgate and enforce laws and regulations." And yet, there are significant advantages in a federal system to obtain state assistance in the local implementation of federal programs. Implementing such programs t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Canada (AG) V PHS Community Services Society
is a leading Supreme Court of Canada case dealing with the application of the criminal law and healthcare heads of power found in section 91 and section 92 of the ''Constitution Act, 1867'' and the principles of fundamental justice in section 7 of the ''Canadian Charter of Rights and Freedoms''. Background In September 2003, the Vancouver Coastal Health Authority and the Portland Hotel Society opened Insite, North America's first supervised drug injection site, in Downtown Eastside Vancouver, an area of high drug use. s 4(1) and 5(1) of the ''Controlled Drugs and Substances Act'' (''CDSA'') prohibited the possession and trafficking of controlled substances, and so in order to operate, Insite was obligated to apply for an exemption for medical and scientific purposes from the ''CDSA''. The federal Minister of Health, whose discretionary powers under s 56 of the ''CDSA'' permitted the granting of exemptions, allowed Insite's application. Insite received further extensions on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021. Early life and education McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were " fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the '' Alberta Law Review'') from the University of Alberta. She was called to the bar of Alberta in 1969, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec (Attorney General) V
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen provinces and territories of Canada. It is the largest province by area and the second-largest by population. Much of the population lives in urban areas along the St. Lawrence River, between the most populous city, Montreal, and the provincial capital, Quebec City. Quebec is the home of the Québécois nation. Located in Central Canada, the province shares land borders with Ontario to the west, Newfoundland and Labrador to the northeast, New Brunswick to the southeast, and a coastal border with Nunavut; in the south it borders Maine, New Hampshire, Vermont, and New York in the United States. Between 1534 and 1763, Quebec was called ''Canada'' and was the most developed colony in New France. Following the Seven Years' War, Quebec became ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Rights
In Australia, Canada, New Zealand and the United States the term treaty rights specifically refers to rights for indigenous peoples enumerated in treaties with settler societies that arose from European colonization. Exactly who is indigenous is understood differently across the New World, and not all indigenous groups have signed treaties. Therefore the concept of "treaty rights" operates very different in context. no such treaties exist in Australia, and the discussion of treaty rights there is speculative, based on future agreements that ''may'' be signed. For the other English-speaking settler countries, however, there are well-established legal regimes deciding who is eligible for what legal protections based on treaties. Treaty rights of one kind or another apply to most Alaska Natives and Native Americans in the United States and many but not all First Nations in Canada. The concept of treaty rights also applies to a smaller number of Inuit and Metis in Canada, who ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Nations In Canada
First Nations (french: Premières Nations) is a term used to identify those Indigenous Canadian peoples who are neither Inuit nor Métis. Traditionally, First Nations in Canada were peoples who lived south of the tree line, and mainly south of the Arctic Circle. There are 634 recognized First Nations governments or bands across Canada. Roughly half are located in the provinces of Ontario and British Columbia. Under Charter jurisprudence, First Nations are a "designated group," along with women, visible minorities, and people with physical or mental disabilities. First Nations are not defined as a visible minority by the criteria of Statistics Canada. North American indigenous peoples have cultures spanning thousands of years. Some of their oral traditions accurately describe historical events, such as the Cascadia earthquake of 1700 and the 18th-century Tseax Cone eruption. Written records began with the arrival of European explorers and colonists during the Age of D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 conf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
