List Of Canadian Appeals To The Judicial Committee Of The Privy Council, 1930–1939
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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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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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Francis Alexander Anglin
Francis Alexander Anglin PC (April 2, 1865 – March 2, 1933) was the seventh Chief Justice of Canada from 1924 until 1933. Born in Saint John, New Brunswick, one of nine children of Timothy Anglin, federal politician and Speaker of the House of Commons of Canada, and elder brother to the renowned stage actress, Margaret Anglin. He was educated at St. Mary's College, and received a Bachelor of Arts degree from the University of Ottawa in 1887. Anglin studied law at the Law Society of Upper Canada (which in those days taught law) and was called to the bar in 1888, establishing a practice in Toronto. In 1896 he became Clerk of the Surrogate Court of Ontario, and King's Counsel in 1902. He was appointed to the Exchequer Division of the High Court of Justice of Ontario in 1904 and, thanks to a nomination from the Laurier government, to the Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court i ...
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Edward Theodore Salvesen
The Hon. Edward Theodore Salvesen, Lord Salvesen (20 July 1857 – 23 February 1942) was a Scottish lawyer, politician and judge who rose to be a Senator of the College of Justice. Life Edward Theodore Salvesen was the son of Christian Frederik Salvesen (1827–1911), the Norwegian-born founder of the Christian Salvesen shipping line of Leith. He was born at 20 Charlotte Street in Leith, where his father lived and worked in his early days in Scotland. The family moved to Catherine Bank House on Newhaven Road as his father's fortunes increased. facing onto Bonnington Park House and Victoria Park (the house was demolished c.1900 to create the Dudley estate). Salvesen studied law at the University of Edinburgh, and was called to the Scottish Bar in 1880, becoming a Queen's Counsel in 1899. He was an unsuccessful Liberal Unionist parliamentary candidate for Leith Burghs in 1900, and for Bute in 1905. Salvesen's Edinburgh residence was at 40 Drumsheugh Gardens, a large townhou ...
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Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the am ...
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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 ...
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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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British Columbia Court Of Appeal
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 supernumerary justices. All justices of the BCCA (including the position of C ...
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George Rivers Lowndes
Sir George Rivers Lowndes, KCSI, KC (1862–1943), was an Anglo-Indian lawyer and judge. Lowndes was the son of Reverend Richard Lowndes Vicar of Sturminster & his wife Ann Harriet née Kaye. He married Hilda Julia Forbes on the 3rd of Sept. 1896 at Sturminster, Dorset. Their eldest son Richard Forbes Lowndes was killed aged 19 on the 14th Nov 1916 at the Somme, France. He practised before the High Court of Bombay. Upon his return to the United Kingdom, he was appointed to the Judicial Committee of the Privy Council in 1929, at that time the court of last resort for the British Empire. He retired from the Judicial Committee in 1934, being replaced by Sir Lancelot Sanderson, a former Chief Justice of the High Court of Calcutta The Calcutta High Court is the oldest High Court in India. It is located in B.B.D. Bagh, Kolkata, West Bengal. It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands. The High Court buildi ... ...
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Thomas Warrington, 1st Baron Warrington Of Clyffe
Thomas Rolls Warrington, 1st Baron Warrington of Clyffe, PC (29 May 1851 – 26 October 1937), known as Sir Thomas Warrington between 1904 and 1926, was a British lawyer and judge. Warrington was called to the Bar, Lincoln's Inn, in 1875, and after acquiring a large practice, became a Queen's Counsel in 1895. In 1904 he was appointed a judge of the Chancery Division of the High Court of Justice and knighted. In 1915 he became a Lord Justice of Appeal and sworn of the Privy Council, which entitled him to sit on the Judicial Committee of the Privy Council. On his retirement in 1926 he was elevated to the peerage as Baron Warrington of Clyffe, of Market Lavington in the County of Wiltshire. He continued to sit on the Judicial Committee after his retirement. Lord Warrington of Clyffe died in October 1937, aged 86, when the barony became extinct. Judgements *''Barron v Potter'' 9141 Ch 895 - a UK company law case, concerning the balance of power between the board of directors and ...
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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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Proprietary Articles Trade Association V Canada (AG)
''Proprietary Articles Trade Association v Canada (AG)'', is a Canadian constitutional decision of the Judicial Committee of the Privy Council on the Constitution's criminal law power under section 91(27). Background Following the '' Board of Commerce case'' (in which the Privy Council determined that two Acts were ''ultra vires'' federal jurisdiction), the Parliament of Canada passed the ''Combines Investigation Act, 1923'', which provided for: :* the investigation of alleged combines, :* creating and punishing the offence of assisting in the formation or operation of a combine, :* reduction or abolition of customs duties which facilitate disadvantage to the public from an existing combine, and :* revocation of patents in certain cases. The ''Criminal Code'' was also amended by inserting s. 498, which created a corresponding offence of combining to limit facilities, restrain commerce, or lessen manufacture or competition. These measures essentially repeated the previous legis ...
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Exchequer Court Of Canada
In the civil service of the United Kingdom, His Majesty’s Exchequer, or just the Exchequer, is the accounting process of central government and the government's '' current account'' (i.e., money held from taxation and other government revenues) in the Consolidated Fund. It can be found used in various financial documents including the latest departmental and agency annual accounts. It was the name of a British government department responsible for the collection and the management of taxes and revenues; of making payments on behalf of the sovereign and auditing official accounts. It also developed a judicial role along with its accountancy responsibilities and tried legal cases relating to revenue. Similar offices were later created in Normandy around 1180, in Scotland around 1200 and in Ireland in 1210. Etymology The Exchequer was named after a table used to perform calculations for taxes and goods in the medieval period. According to the ''Dialogus de Scaccario'' ('Dia ...
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