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Labour Conventions Reference
, also known as the ''Labour Conventions Reference'', is a landmark decision of the Judicial Committee of the Privy Council concerning the distinct nature of federal and provincial jurisdiction in Canadian federalism. Background The federal treaty power As part of the '' British North America Act, 1867'', the Parliament of Canada was granted power to implement certain treaties: During the 1920s, as a result of the growing political and diplomatic independence of the various Dominions of the Empire, the Balfour Declaration of 1926 stated that the United Kingdom and the Dominions were: When Canada subsequently gained full independence following passage of the ''Statute of Westminster 1931'', s. 132 was not amended to reflect its changed status. The Labour Conventions As a consequence of the Treaty of Versailles, the International Labour Organization was established, in which Canada became a member. Between 1919 and 1928, the ILO adopted several conventions, including: :* the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Westminster 1931
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown. Passed on 11 December 1931, the statute increased the sovereignty of the self-governing Dominions of the British Empire from the United Kingdom. It also bound them all to seek each other's approval for changes to monarchical titles and the common line of succession. The statute was effective either immediately or upon ratification. It thus became a statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926. As the statute removed nearly all of the British parliament's authority to legislate for the Dominions, it had the effect of making the Dominions largely sovereign nations in their own right. It was a crucial step in the development of the Dominions as separate states. Its modified versions are now domestic law within Australia and Canada ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Radio Reference
''Quebec (AG) v Canada (AG)'', also known as the ''Radio Reference'', is a decision of the Judicial Committee of the Privy Council that determined that broadcasting fell within the jurisdiction of the Parliament of Canada under the ''British North America Act, 1867''. Background When the ''British North America Act, 1867'' was originally drafted, broadcasting had not yet been invented. By the 1920s, Canada had already entered into international agreements on the subject, and there was intense debate as to which level of government in Canada had jurisdiction to regulate this field. Quebec decided to pose reference questions to its appellate court on the matter, and the federal government decided to preempt that hearing by posing the following questions to the Supreme Court of Canada: # Has the Parliament of Canada jurisdiction to regulate and control radio communication, including the transmission and reception of signs, signals, pictures and sounds of all kinds by means of Her ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intra Vires
('beyond the powers') is a List of Latin phrases, Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Company, Companies and other legal persons sometimes have limited capacity (law), legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Primary and secondary legislation, Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lyman Duff
Sir Lyman Poore Duff (7 January 1865 – 26 April 1955) was the eighth Chief Justice of Canada. He was the longest serving justice of the Supreme Court of Canada. Early life and career Born in Meaford, Canada West (now Ontario) to a Congregationalist minister, Duff received a Bachelor of Arts in mathematics and metaphysics from the University of Toronto in 1887. After graduation, he taught at Barrie Collegiate Institute while studying for the bar. Duff later took courses at Osgoode Hall Law School and was called to the Ontario Bar in 1893. Duff practised as a lawyer in Fergus, Ontario after being called to the bar. In 1895, Duff moved to Victoria, British Columbia and continued his career there. In 1895, he was made a Queen's Counsel. In 1903, he took part, as junior counsel for Canada, in the Alaska Boundary arbitration. In 1923 Mount Duff (Yakutat), also known as ''Boundary Peak 174'' was named after him. Judicial and other appointments In 1904, he was appointed a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of powers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aeronautics Reference
''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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Servant
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leadership. A civil servant, also known as a public servant, is a person employed in the public sector by a government department or agency for public sector undertakings. Civil servants work for central and state governments, and answer to the government, not a political party. The extent of civil servants of a state as part of the "civil service" varies from country to country. In the United Kingdom (UK), for instance, only Crown (national government) employees are referred to as "civil servants" whereas employees of local authorities (counties, cities and similar administrations) are generally referred to as "local government civil service officers", who are considered public servants but not civil servants. Thus, in the UK, a civil servant is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minimum Wage-Fixing Machinery Convention, 1928
Minimum Wage-Fixing Machinery Convention, 1928 is an International Labour Organization International Labour Organization#International Labour Conference, Convention. It was established in 1928: Having decided upon the adoption of certain proposals with regard to minimum wage-fixing machinery,... The principles of the convention were modified and included in the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 and Minimum Wage Fixing Convention, 1970. Ratifications As of 2015, 105 states have ratified the convention. One state, the United Kingdom, has ratified it but subsequently denounced it. External links TextRatifications International Labour Organization conventions Minimum wage law Treaties concluded in 1928 Treaties entered into force in 1930 Treaties of Albania Treaties of the People's Republic of Angola Treaties of Argentina Treaties of Armenia Treaties of Austria Treaties of Australia Treaties of the Bahamas Treaties of Barbados Treaties of Belarus Tr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weekly Rest (Industry) Convention, 1921
Weekly Rest (Industry) Convention, 1921 is an International Labour Organization Convention on limitation of working time to eight-hour day The eight-hour day movement (also known as the 40-hour week movement or the short-time movement) was a social movement to regulate the length of a working day, preventing excesses and abuses. An eight-hour work day has its origins in the ... and 48 hours for a week. It was established in 1921: Having decided upon the adoption of certain proposals with regard to the weekly rest day in industrial employment,... Ratifications As of April 2021, the convention has been ratified by 120 states. See also * Weekly Rest (Commerce and Offices) Convention, 1957 External links TextRatifications Weekly Working time Treaties concluded in 1921 Treaties entered into force in 1923 Treaties of the Kingdom of Afghanistan Treaties of Algeria Treaties of the People's Republic of Angola Treaties of Antigua and Barbuda Treaties of Argenti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
