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Kelly V Sulivan
was the first case heard by the Supreme Court of Canada. The Court answered the simple question of whether a case ruling from the Supreme Court of Judicature of Prince Edward Island could be appealed to a provincial appellate court. On the evidence available the Court found that there was insufficient records to prove that an appellate court for the province was ever created. The Court before ''Kelly'' The Supreme Court had only just come into existence. On April 8, 1875 the bill creating the court was passed and the court was inaugurated on November 18. The Court's very first sitting was on January 17, but there were no cases to be heard so they adjourned until spring. That April the Supreme Court was given a reference question from the Senate of Canada (''In Re "The Brothers of the Christian Schools in Canada"''). The Senate wanted to know if a bill entitled "An Act to incorporate the Brothers of the Christian Schools in Canada" was constitutional and within the authority of ...
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Supreme Court Of Prince Edward Island
The Supreme Court of Prince Edward Island (also called the Prince Edward Island Supreme Court, or PESC) is the superior court of the Canadian province of Prince Edward Island. The Court is composed of five judges, led by its Chief Justice, currently Tracey L. Clements. The Supreme Court derives its jurisdiction from Prince Edward Island's ''Judicature Act'', enacted in its current form in 2008. History and functions Prior to 2008 reforms that were formally implemented in 2009, the superior court in Prince Edward Island was the Supreme Court of Prince Edward Island (Trial Division). With the passage of the ''Judicature Act'', the Supreme Court was stripped of its corresponding Appeal Division, now assigned to the newly created Court of Appeal of Prince Edward Island, while the Supreme Court of Prince Edward Island remained as a single-division superior court. All former justices of the Supreme Court (Trial Division) became justices of the Supreme Court. Pursuant to the ''Cons ...
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William Buell Richards
Sir William Buell Richards (May 2, 1815 – January 26, 1889) was the first Chief Justice of Canada. Richards was born in Brockville, Upper Canada, to Stephen Richards and Phoebe Buell. He earned law degree at the St. Lawrence Academy in Potsdam, New York and then articled with his uncle Andrew Norton Buell in Brockville. He was called to the bar in 1837 and continued to practice in Brockville with George Malloch until 1853 and then with his uncle again. In 1848 Richards was elected to the Legislative Assembly of the Province of Canada for the riding of Leeds, and by 1851 he became the Attorney General for Canada West. Leaving politics in June 1853, he was appointed to the Court of Common Pleas of Canada West and by 1863 he became Chief Justice. In November 1868 Richards was appointed to Chief Justice of the province which was the highest court in Ontario at that time, the Supreme Court not yet having been created. It was during this time that he heard the appeal of Patric ...
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William Johnstone Ritchie
Sir William Johnstone Ritchie (October 28, 1813 – September 25, 1892) was one of the first judges appointed to the Supreme Court of Canada. He became the second Chief Justice of the court, and the second-longest serving Chief Justice to date. Life and career Ritchie was born in Annapolis Royal, Nova Scotia to Thomas Ritchie and Elizabeth Wildman Johnstone. He graduated from the Pictou Academy and went to study law in Halifax in the office of his brother, John William Ritchie. He was called to the bar of Nova Scotia in 1837 but moved to Saint John, New Brunswick, and was called to the bar of that province the following year. In 1846 he was elected to the Legislative Assembly of New Brunswick. In keeping with his pledge to resign if a fellow Liberal candidate failed to win a by-election, he gave up his seat in 1851, only to be re-elected three years later. In 1855 he left politics to accept an appointment to the Supreme Court of New Brunswick, and 10 years later he was na ...
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Samuel Henry Strong
Sir Samuel Henry Strong (August 13, 1825 – August 31, 1909) was a lawyer and the third Chief Justice of Canada. Life Strong was born in Poole, England, to Samuel Spratt Strong and Jane Elizabeth Gosse. He emigrated to Upper Canada with his family in 1836, settling in Bytown (later known as Ottawa). He studied law in the office of local Ottawa lawyer Augustus Keefer. He was called to the bar in 1849 and established his practice in Toronto. He was elected a bencher of the Law Society of Upper Canada in 1860 and was made a QC in 1863. In 1869, Strong was appointed vice-chancellor of the Court of Chancery of Ontario. In 1874 he was appointed to the Ontario Court of Error and Appeal. Following Confederation he advised Prime Minister Sir John A. Macdonald on the establishment of the Supreme Court of Canada. He was named to the new court when it was created in 1875. He became Chief Justice in 1892 serving until his retirement in 1902, by which time he was the last of the origin ...
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Jean-Thomas Taschereau (jurist)
Jean-Thomas Taschereau (December 12, 1814 – November 9, 1893) was a Canadian lawyer and judge. Born in Quebec City, Lower Canada (now Quebec), the son of Jean-Thomas Taschereau, a politician who was a Member of the Quebec National Assembly, and Marie Panet, he was called to the bar in 1836. He studied law in Paris and upon his return to Quebec City where he practised for 18 years. He also taught at Université Laval from 1855 to 1857. In 1865, he was appointed a judge of the Quebec Superior Court, and in 1873, was appointed to the Court of Queen's Bench of Quebec. On September 30, 1875, he was appointed to the Supreme Court of Canada and retired from the court on October 6, 1878. He was the father of Louis-Alexandre Taschereau Louis-Alexandre Taschereau (; March 5, 1867 – July 6, 1952) was the 14th premier of Quebec from 1920 to 1936. He was a member of the Parti libéral du Québec. Early life Taschereau was born in Quebec City, Quebec, the son of Jean-Thom ...
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Télesphore Fournier
Télesphore Fournier, (August 5, 1823 – May 10, 1896) was a Canadian politician, lawyer, and judge of the Supreme Court of Canada. Born in Saint-François-de-la-Rivière-du-Sud, Lower Canada (now Quebec), the son of Guillaume Fournier and Marie-Archange Morin, he was called to the bar in 1846. On July 22, 1857, he married Hermine-Eloïse Demers, and they had nine children: seven daughters and two sons. From 1855 to 1859, he was the co-owner and co-editor of the newspaper, ''Le National de Québec''. In an 1870 by-election, he was acclaimed as a Liberal Party of Canada, Liberal House of Commons of Canada, Member of Parliament in the riding of Bellechasse (electoral district), Bellechasse. He was re-elected in 1872 Canadian federal election, 1872, 1873, and 1875. He held three ministerial positions: Minister of Inland Revenue (1873–1874), List of Canadian Ministers of Justice, Minister of Justice and Attorney General of Canada (1874–1875), and Postmaster General of Can ...
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William Alexander Henry
William Alexander Henry (December 30, 1816 – May 3, 1888) was a Canadians, Canadian lawyer, politician, and judge. He was one of the Father of Confederation#Fathers of Confederation, Fathers of Confederation and one of the first judges of the Supreme Court of Canada. Henry was born in Halifax, Nova Scotia. Shortly afterward, his family moved to Antigonish. He attended Halifax High School then studied law and was admitted to the bar. He was married twice (1840 and 1850). His two sons were William Alexander Henry Jr., a successful Halifax lawyer and Hugh MacD Henry. The elder W. A. Henry served as a cabinet minister in Nova Scotia in governments led by both the Liberal Party of Nova Scotia, Liberals and the Progressive Conservative Party of Nova Scotia, Conservatives. He represented the Antigonish, Nova Scotia, Antigonish region almost continuously from 1840 to 1867 and was appointed attorney general in 1864. Henry was a strong believer in the benefits that could be derived ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, 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 Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, 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 applicatio ...
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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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Senate Of Canada
The Senate of Canada (french: region=CA, Sénat du Canada) is the upper house of the Parliament of Canada. Together with the Crown and the House of Commons, they comprise the bicameral legislature of Canada. The Senate is modelled after the British House of Lords with members appointed by the governor general on the advice of the prime minister. The explicit basis on which appointment is made and the chamber's size is set, at 105 members, is by province or territory assigned to 'divisions'. The Constitution divides provinces of Canada geographically among four regions, which are represented equally. Senatorial appointments were originally for life; since 1965, they have been subject to a mandatory retirement age of 75. While the Senate is the upper house of parliament and the House of Commons is the lower house, this does not imply the former is more powerful than the latter. It merely entails that its members and officers outrank the members and officers of the Commons in the ...
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Legislative Assembly Of Prince Edward Island
The Legislative Assembly of Prince Edward Island (french: Assemblée législative de l'Île-du-Prince-Édouard) is the sole chamber of the General Assembly of Prince Edward Island. The Legislative Assembly meets at Province House, which is located at the intersection of Richmond and Great George Streets in Charlottetown. Bills passed by the Assembly are given royal assent by the King of Canada in Right of Prince Edward Island, represented by the Lieutenant-Governor of Prince Edward Island. History As a colony, Prince Edward Island originally had a bicameral legislature founded in 1773 with the Legislative Council of Prince Edward Island serving as the upper house and the House of Assembly as the lower house. Together they composed the 1st General Assembly of the Island of Saint John. After the name of the colony changed in 1798, the body became known as the General Assembly of Prince Edward Island. In 1769, a British Order in Council established a new government on the Briti ...
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List Of Supreme Court Of Canada Cases (Richards Court Through Fauteux Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the formation of the Court in 1875 to the retirement of Gérald Fauteux in 1973. Note that the Privy Council heard appeals for criminal cases until 1933 and for civil cases until 1949. Also between 1888 and 1926, no criminal appeals were allowed to the Privy Council. 1875–99 19001949 19501959 19601969 1970–73 See also * List of Judicial Committee of the Privy Council cases * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (1867-1984) ...
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