List Of Canadian Appeals To The Judicial Committee Of The Privy Council, 1867–1869
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List Of Canadian Appeals To The Judicial Committee Of The Privy Council, 1867–1869
This page lists all appeals the Judicial Committee of the Privy Council from the Canadian courts, decided in the years 1867 to 1869. Prior to the creation of Canada in 1867, the Judicial Committee of the Privy Council was the highest court of appeal for the British North American provinces. That did not change after Confederation. Parties could continue to appeal to the Judicial Committee directly from the provincial appellate courts, as the Supreme Court of Canada was not created until 1875. Even then, there continued to be a right of appeal to the Judicial Committee. The decisions of the Judicial Committee on appeals from Canadian courts had binding legal precedent on all Canadian courts, including the Supreme Court, which was required to follow the cases of the Judicial Committee. The Judicial Committee decisions were the ultimate judicial authority for the Canadian courts and had a considerable influence on the development of Canadian law, particularly constitutional law.Ca ...
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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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Nova Scotia Court Of Appeal
The Court of Appeal for Nova Scotia (Nova Scotia Court of Appeal or NSCA) is the highest appeal court in the province of Nova Scotia, Canada. There are currently 8 judicial seats including one assigned to the Chief Justice of Nova Scotia. At any given time there may be one or more additional justices who sit as supernumerary justices. The court sits in Halifax, which is the capital of Nova Scotia. Cases are heard by a panel of three judges. They publish approximately 80 cases each year. History The Court of Appeal was established on 30 January 1993. From 1966 to 1993, appeals pursuant to Supreme Court cases were heard by the Appellate Division of the Supreme Court and, prior to 1966, by a panel of Supreme Court judges sitting ''en banc''. The Chief Justice of the Court of Appeal is the Chief Justice of Nova Scotia. Prior to the establishment of the Court of Appeal, the Chief Justice was the Chief Justice of the Appeal Division (1966–1993) and, before 1966, of the Supreme Court. ...
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List Of Canadian Appeals To The Judicial Committee Of The Privy Council, 1930–1939
This page lists all cases of the Judicial Committee of the Privy Council originating in Canada, and decided in the years 1930 to 1939. From 1867 to 1949, the JCPC was the highest court of appeal for Canada (and, separately, for Newfoundland). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada. Any decisions from this era that the Supreme Court of Canada has not overruled since gaining appellate supremacy in 1949 remain good law, and continue to bind all Canadian courts other than the Supreme Court. The Parliament of Canada abolished appeals to the JCPC of criminal cases in 1933 and civil cases in 1949. Ongoing cases that had begun before those dates remained appealable to the JCPC.Bora Laskin, ''The Hamlyn Lectures, Twenty-First Series: The British Tradition in Canadian Law'' (London: Stevens & Sons, 1969), pp. 1–3, a/ref> The final JCPC ruling on a Canadian case was rendered in 1959, in ...
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List Of Canadian Appeals To The Judicial Committee Of The Privy Council, 1920–1929
This page lists all cases of the Judicial Committee of the Privy Council originating in Canada, and decided in the years 1920 to 1929. From 1867 to 1949, the JCPC was the highest court of appeal for Canada (and, separately, for Newfoundland). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada. Any decisions from this era that the Supreme Court of Canada has not overruled since gaining appellate supremacy in 1949 remain good law, and continue to bind all Canadian courts other than the Supreme Court. The Parliament of Canada abolished appeals to the JCPC of criminal cases in 1933 and civil cases in 1949. Ongoing cases that had begun before those dates remained appealable to the JCPC.Bora Laskin, ''The Hamlyn Lectures, Twenty-First Series: The British Tradition in Canadian Law'' (London: Stevens & Sons, 1969), pp. 1–3, a/ref> The final JCPC ruling on a Canadian case was rendered in 1959, in ...
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List Of Canadian Appeals To The Judicial Committee Of The Privy Council, 1910–1919
This page lists all cases of the Judicial Committee of the Privy Council originating in Canada, and decided in the years 1910 to 1919. From 1867 to 1949, the Judicial Committee of the Privy Council was the highest court of appeal for Canada. Its decisions on appeals from Canadian courts had binding legal precedent on all Canadian courts, including the Supreme Court of Canada. The Supreme Court was required to follow the cases of the Judicial Committee, and the Judicial Committee could overturn decisions of the Supreme Court. The Judicial Committee decisions were the ultimate judicial authority for the Canadian courts, and had a considerable influence on the development of Canadian law, particularly constitutional law.Catharine MacMillan"Canadian Cases before the Judicial Committee of the Privy Council" a''Judicial Committee of the Privy Council Case papers'' Institute of Advanced Legal Studies, University of London, last updated February 17, 2021. Case list Summary by year an ...
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List Of Canadian Appeals To The Judicial Committee Of The Privy Council, 1900–1909
This page lists all appeals to the Judicial Committee of the Privy Council from the Canadian courts, decided in the years 1900 to 1909. From 1867 to 1949, the JCPC was the highest court of appeal for Canada (and, separately, for Newfoundland). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada. Any decisions from this era that the Supreme Court of Canada has not overruled since gaining appellate supremacy in 1949 remain good law, and continue to bind all Canadian courts other than the Supreme Court. The Parliament of Canada abolished appeals to the JCPC of criminal cases in 1933 and civil cases in 1949. Ongoing cases that had begun before those dates remained appealable to the JCPC.Bora Laskin, ''The Hamlyn Lectures, Twenty-First Series: The British Tradition in Canadian Law'' (London: Stevens & Sons, 1969), pp. 1–3, a/ref> The final JCPC ruling on a Canadian case was rendered in 1959, in ...
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List Of Canadian Appeals To The Judicial Committee Of The Privy Council, 1890–1899
This page lists all cases of the Judicial Committee of the Privy Council originating in Canada, and decided in the years 1890 to 1899. From 1867 to 1949, the JCPC was the highest court of appeal for Canada (and, separately, for Newfoundland). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada. Any decisions from this era that the Supreme Court of Canada has not overruled since gaining appellate supremacy in 1949 remain good law, and continue to bind all Canadian courts other than the Supreme Court. The Parliament of Canada abolished appeals to the JCPC of criminal cases in 1933 and civil cases in 1949. Ongoing cases that had begun before those dates remained appealable to the JCPC.Bora Laskin, ''The Hamlyn Lectures, Twenty-First Series: The British Tradition in Canadian Law'' (London: Stevens & Sons, 1969), pp. 1–3, a/ref> The final JCPC ruling on a Canadian case was rendered in 1959, i ...
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List Of Canadian Appeals To The Judicial Committee Of The Privy Council, 1880–1889
This page lists all appeals to the Judicial Committee of the Privy Council from the Canadian courts, decided in the years 1880 to 1889. From 1867 to 1949, the JCPC was the highest court of appeal for Canada (and, separately, for Newfoundland). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada. Any decisions from this era that the Supreme Court of Canada has not overruled since gaining appellate supremacy in 1949 remain good law, and continue to bind all Canadian courts other than the Supreme Court. The Parliament of Canada abolished appeals to the JCPC of criminal cases in 1933 and civil cases in 1949. Ongoing cases that had begun before those dates remained appealable to the JCPC.Bora Laskin, ''The Hamlyn Lectures, Twenty-First Series: The British Tradition in Canadian Law'' (London: Stevens & Sons, 1969), pp. 1–3, a/ref> The final JCPC ruling on a Canadian case was rendered in 1959 ...
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List Of Canadian Appeals To The Judicial Committee Of The Privy Council, 1870–1879
This page lists all appeals to the Judicial Committee of the Privy Council from the Canadian courts, decided in the years 1870 to 1879. From 1867 to 1949, the Judicial Committee of the Privy Council, JCPC was the highest court of appeal for Canada (and, List of Newfoundland appeals to the Judicial Committee of the Privy Council (pre-1949), separately, for Newfoundland). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada. Any decisions from this era that the Supreme Court of Canada has not overruled since gaining appellate supremacy in 1949 remain good law, and continue to bind all Canadian courts other than the Supreme Court. The Parliament of Canada abolished appeals to the JCPC of criminal cases in 1933 and civil cases in 1949. Ongoing cases that had begun before those dates remained appealable to the JCPC.Bora Laskin, ''The Hamlyn Lectures, Twenty-First Series: The British Tradition in Canad ...
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Sir Joseph Napier, 1st Baronet
Sir Joseph Napier, 1st Baronet (26 December 1804 – 9 December 1882) was an Irish Conservative Party Member of Parliament (MP) in the United Kingdom Parliament. He was also a barrister and judge, who served briefly as Lord Chancellor of Ireland. Career He was the son of William Napier and Rosetta MacNaghten of Ballyreagh House, County Antrim, and was born in Belfast, Ireland, where his father was a prosperous brewer. The family had emigrated to Ulster from Scotland: they were descended from John Napier, inventor of the logarithm. He attended the Belfast Academical Institution and Trinity College Dublin, before being called to the Irish Bar in 1831. He had contemplated remaining at Trinity and seeking a fellowship, but his marriage in 1831 disqualified him, as Trinity required its fellows to be celibate. He built up a very large practice, and acquired an impressive reputation for learning, especially in the area of pleading. He became a Queen's Counsel (QC) in 1844. He ...
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Lord Justice Giffard
SIr George Markham Giffard, PC (4 November 1813 – 13 July 1870) was an English barrister and judge. Life The fourth son of Admiral John Giffard and Susannah, daughter of Sir John Carter, he was born at his father's official residence in Portsmouth dockyard on 4 November 1813. He was educated at Winchester College and at New College, Oxford, where he was elected to a fellowship in 1832 and took the degree of BCL on 4 March 1841. While studying at Oxford, he played first-class cricket for Oxford University on four occasions between 1834 and 1836. He scored 128 runs in these matches, with a high score of 105 against the Marylebone Cricket Club at Lord's in 1835. As a bowler he took 7 wickets, on one occasion taking a five wicket haul. Giffard entered the Inner Temple, of which he eventually became a bencher, and was called to the bar in November 1840. He obtained an equity practice and was a leading chancery junior counsel. In 1859, he became a Queen's Counsel and attached ...
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Sir Robert Phillimore, 1st Baronet
Sir Robert Joseph Phillimore, 1st Baronet (5 November 1810 – 4 February 1885), was an English judge and politician. He was the last Judge of the High Court of Admiralty from 1867 to 1875 bringing an end to an office that had lasted nearly 400 years. Life Born in Whitehall, he was the third son of Joseph Phillimore, a well-known ecclesiastical lawyer. Educated at Westminster School and Christ Church, Oxford, where a lifelong friendship with W. E. Gladstone began, his first appointment was to a clerkship in the board of control, where he remained from 1832 to 1835. Admitted as an advocate at Doctors' Commons in 1839, he was called to the bar at the Middle Temple in 1841, and rose very rapidly in his profession. He was engaged as counsel in almost every case of importance that came before the admiralty, probate or divorce courts, and became successively master of faculties, commissary of the deans and chapters of St. Paul's Cathedral and Westminster Cathedral, official of the ...
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