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Law Society Of British Columbia V. Mangat
''Law Society of British Columbia v Mangat'', 0013 S.C.R. 113 is a leading Supreme Court of Canada decision where the Court held that a non-lawyer may be given the power to practice law under a federal statute even if it is contrary to provincial legal profession legislation. Background The respondent M was an immigration consultant carrying on his work through an immigration consulting company ("Westcoast"). He had not studied law in Canada and was not a member of the B.C. Law Society. M and other Westcoast employees engaged in a number of activities involving immigration proceedings, including appearing as counsel or advocate on behalf of aliens, for or in the expectation of a fee from the persons for whom the acts were performed, before the Immigration and Refugee Board ("IRB"). The Law Society brought an application seeking a permanent injunction against M and Westcoast to prevent them from engaging in the ongoing practice of law, in contravention of B.C.’s ''Legal Profess ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Reports (Canada)
The Supreme Court Reports (S.C.R.) is the official reporter of the Supreme Court of Canada. Since the creation of the Supreme Court, all of its decisions have been published in the Reports, in both English and French. The first volume was published in 1877 containing the first case ever heard by the Supreme Court, '' Kelly v. Sullivan''. Initially, the reports were identified from 1 to 64, but from 1923 they have been identified by their year of publication. By 1975 the reporter started putting out two volumes a year, which increased to between 3 and 4 by 1990. Volumes from 1983 and later are also available in electronic format, hosted by LexUM at the Université de Montréal The Université de Montréal (UdeM; ; translates to University of Montreal) is a French-language public research university in Montreal, Quebec, Canada. The university's main campus is located in the Côte-des-Neiges neighborhood of Côte- .... External links lexum database of Supreme Court Repor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Practice Of Law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of legal document assistants (LDAs) are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computer-assisted drafting libraries, where the clients are asked a series of questions that are posed by the software in order to construct the legal documents. In addition, regulatory consulting firms also provide adv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provinces And Territories Of Canada
Within the geographical areas of Canada, the ten provinces and three territories are sub-national administrative divisions under the jurisdiction of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, Nova Scotia, and the Province of Canada (which upon Confederation was divided into Ontario and Quebec)—united to form a federation, becoming a fully independent country over the next century. Over its history, Canada's international borders have changed several times as it has added territories and provinces, making it the world's second-largest country by area. The major difference between a Canadian province and a territory is that provinces receive their power and authority from the ''Constitution Act, 1867'' (formerly called the ''British North America Act, 1867''), whereas territorial governments are creatures of statute with powers delegated to them by the Parliament of Canada. The powers flowing from t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration To Canada
According to the 2021 Canadian census, immigrants in Canada number 8.3 million persons and make up approximately 23 percent of Canada's total population. This represents the eighth-largest immigrant population in the world, while the proportion represents one of the highest ratios for industrialized Western countries. Following Canada's confederation in 1867, immigration played an integral role in helping develop vast tracts of land.Cheatham, Amelia. 2020 August 3.What Is Canada's Immigration Policy? ''Council on Foreign Relations''. During this era, the Canadian Government would sponsor information campaigns and recruiters to encourage settlement in rural areas; however, this would primarily be only towards those of European and Christian backgrounds, while others—particularly Buddhist, Shinto, Sikh, Muslim, and Jewish immigrants—as well as the poor, ill, and disabled, would be less than welcome.Belshaw, John Douglas. 2016.Post-War Immigration" Ch. 5 §11 in ''Canadian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Society Of British Columbia
The Law Society of British Columbia is the regulatory body for lawyers in British Columbia, Canada. Purpose The society's primary mandate under the ''Legal Profession Act'' is to uphold and protect the public interest in the administration of justice by preserving and protecting the rights and freedoms of all persons, ensuring the independence, integrity, honour and competence of lawyers, establishing standards and programs for the education, professional responsibility and competence of BC lawyers. The society is also mandated to regulate the practice of law, and support and assist lawyers, articled students and lawyers of other jurisdictions who are permitted to practise law in British Columbia in fulfilling their duties in the practice of law. Governance structure The Law Society is overseen by a board of governors known as Benchers, composed of 25 lawyers elected by the registrants of the Law Society, up to six Benchers who are not lawyers and who are appointed by the gov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration And Refugee Board Of Canada
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and other short-term stays in a destination country do not fall under the definition of immigration or migration; seasonal labour immigration is sometimes included, however. As for economic effects, research suggests that migration is beneficial both to the receiving and sending countries. Research, with few exceptions, finds that immigration on average has positive economic effects on the native population, but is mixed as to whether low-skilled immigration adversely affects low-skilled natives. Studies show that the elimination of barriers to migration would have profound effects on world GDP, with estimates of gains ranging between 67 and 147 percent for the scenarios in which 37 to 53 percent of the developing countries' workers migrate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paramountcy Doctrine
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inter-jurisdictional 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] |
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] |
Quebec (AG) V Canadian Owners And Pilots Assn
''Quebec (Attorney General) v. Canadian Owners and Pilots Association'', 2010 SCC 39, 0102 SCR 536, also referred to as ''Quebec v. COPA'', is a leading case of the Supreme Court of Canada on determining the applicability of the doctrines of interjurisdictional immunity and federal paramountcy in Canadian constitutional law. The facts An aerodrome, registered under the federal ''Aeronautics Act'', was constructed on land zoned as agricultural in the province of Quebec. Section 26 of the Quebec ''Act respecting the preservation of agricultural land and agricultural activities'' (“ARPALAA”) prohibited the use of lots in a designated agricultural region for any purpose other than agriculture, subject to prior authorization by the ''Commission de protection du territoire agricole du Québec''. Since the Commission’s permission was not obtained prior to constructing the aerodrome, the Commission ordered the return of the land to its original state pursuant to the ARPALAA. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Multiple Access Ltd V McCutcheon
''Multiple Access Ltd v McCutcheon'' is a leading constitutional decision of the Supreme Court of Canada on the resolution of overlapping federal and provincial laws under the doctrine of double aspect. Background Multiple Access, a company incorporated under the ''Canada Corporations Act'' made an offer to acquire the broadcasting assets of Canadian Marconi Limited, which was accepted. Two shareholders of Multiple Access applied to the Ontario courts to have the Ontario Securities Commission commence an action against several directors and officers of the company for insider trading under the ''Ontario Securities Act''.R.S.O. 1970, c. 426 In its defence, the company argued that the provisions of the provincial Act were inoperative under the paramountcy doctrine as it overlapped with insider trading provisions in the ''Canada Corporations Act''. Lower courts At first instance, Henry J in Weekly Court held the provincial provisions in question were valid and still in effect. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
