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List Of Supreme Court Of Canada Cases (Wagner Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Richard Wagner as Chief Justice of Canada in 2017 to the present. 2018 - present See also * 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 (2000-present) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from ... [...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] |
Richard Wagner (judge)
Richard Wagner ( ; born April 2, 1957) is a Canadian jurist serving as the 18th and current chief justice of Canada since 2017. He previously served as a puisne justice of the Quebec Court of Appeal (2011–2012) and of the Supreme Court of Canada (2012–2017). For several months in 2021, following Julie Payette's resignation as Canada's governor general, Wagner was the administrator of the government of Canada as well as chief justice. Early life Wagner was born in Montreal, Quebec, the son of Gisèle (née Normandeau) and Claude Wagner, a former member of Parliament and senator.Quebec Court of AppealThe Honourable Richard Wagner Retrieved October 2, 2012. He studied at the Collège Jean-de-Brébeuf in Montreal before receiving a bachelor of social science in political science from the University of Ottawa in 1978. He received his Licentiate in Law ( LL.L.) – a civil law equivalent of the Bachelor of Laws (LLB) or Juris Doctor (JD) – from the same institution in 1979. Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice Of Canada
The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court system. The ''Supreme Court Act'' makes the chief justice, a Crown in Council appointment, meaning the Crown acting on the advice of the prime minister and minister of justice. The chief justice serves until they resign, turn 75 years old, die, or are removed from office for cause. By tradition, a new chief justice is chosen from among the court's incumbent puisne justices. The chief justice has significant influence in the procedural rules of the Court, presides when oral arguments are held, and leads the discussion of cases among the justices. The chief justice is also deputy governor general, ''ex-officio'' chairman of the Canadian Judicial Council, and heads the committee that selects recipients of the Order of Canada. Additionally, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Comeau
(referred to by some commentators as the ''Free the beer'' case) is a leading and controversial case of the Supreme Court of Canada concerning the scope of free trade between the provinces of Canada under s. 121 of the ''Constitution Act, 1867''. Background While s. 121 of the ''Constitution Act, 1867'' declares that "All Articles of the Growth, Produce, or Manufacture of any one of the Provinces shall... be admitted free into each of the other Provinces," Canadian jurisprudence has rarely been given in the matter and, since the ''Gold Seal'' case in 1921 held that it was strictly restricted to the imposition of customs duties, the provision had been effectively been treated as a dead letter. This has led to both levels of government feeling free to impose a series of non-tariff barriers on trade between the provinces. There has, however, been subsequent debate as to whether ''Gold Seal'' was rightly decided and whether it would pass scrutiny under current Canadian constitutiona ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Re Pan‑Canadian Securities Regulation
is a landmark decision of the Supreme Court of Canada, dealing with the Canadian doctrine of cooperative federalism and how it intersects with the power of the Parliament of Canada over trade and commerce, as well as discussing the nature of parliamentary sovereignty in Canada. Background Canadian securities regulation is unique in that Canada is the only industrialized country in the world without a national securities regulator, and thus the field is solely regulated by provincial and territorial governments. While those governments have worked to harmonize many of their policies, there is still enough variation that securities issuers must reconcile in order to have their securities trade among residents in each of the jurisdictions involved. Since the 1930s, there has been debate about the desirability of establishing a single national securities regulator, but serious discussions only began in 1964. In 2010, a draft Canadian Securities Act was published, on which a refer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cooperative Federalism
Cooperative federalism, also known as marble-cake federalism, is defined as a flexible relationship between the federal and state governments in which both work together on a variety of issues and programs. In the United States In the American federal system, there are limitations on national government's ability to carry out its policies through the executive branch of state governments. For example, in '' Printz v. United States'', 521 U.S. 898 (1997) the Court held that the national government could not directly require state law enforcement officers to conduct background checks under the Brady Handgun Violence Prevention Act legislation. The court explained that prior decisions warned that "this Court never has sanctioned explicitly a federal command to the States to promulgate and enforce laws and regulations." And yet, there are significant advantages in a federal system to obtain state assistance in the local implementation of federal programs. Implementing such programs th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nevsun Resources Ltd V Araya
''Nevsun Resources Ltd v Araya'', 2020 SCC 5 is a landmark case in which the Supreme Court of Canada held, in a 5–4 decision, that a private corporation may be liable under Canadian law for breaches of customary international law committed in other countries. The case concerned human rights violations allegedly committed against workers at an Eritrean mine majority-owned by Nevsun Resources, a Canadian firm. The Supreme Court held that the alleged victims' case against Nevsun could proceed in the courts of British Columbia.''Nevsun'' SCC apara 132 It also established that the act of state doctrine is not recognized in Canadian law. Background Mining and human rights Mining is a significant part of the Canadian economy: approximately 75 percent of the world's mining companies are headquartered in Canada, and 60 percent are listed on the Toronto Stock Exchange. International expansion of the domestic mining industry has been championed by the Canadian government, and one sch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theory of n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customary International Law
Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law. Many governments accept in principle the existence of customary international law, although there are differing opinions as to what rules are contained in it. In 1950, the International Law Commission listed the following sources as forms of evidence of customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations. In 2018, the Commission adopted Conclusions on Identification of Customary International Law with commentaries. The United Nations General Assembly welcomed the Conclusions and encouraged their widest possibl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Re Greenhouse Gas Pollution Pricing Act
In ''Reference re Greenhouse Gas Pollution Pricing Act'' 2021 SCC 11, the Supreme Court of Canada ruled on 25 March 2021 that the federal carbon pricing law is constitutional.Reference re Greenhouse Gas Pollution Pricing Act, 2019 SKCA 40 (CanLII) 38663-38781-39116 Background In response to Canada's 2016 ratification of the Paris Agreement which set greenhouse gas emission reduction targets, the Canadian federal government under Prime Minister Justin Trudeau passed the Greenhouse Gas Pollution Pricing Act (GHGPPA), which came into effect on 21 June 2018, establishing national standards for a carbon price."An Act to mitigate climate change through the pan-Canadian application of pricing mechanisms to a broad set of greenhouse gas emission sources and to make consequential amendments to other Acts" The province of Saskatchewan under Premier Scott Moe filed an appeal, and on 3 May 2019 the Court of Appeal for Saskatchewan ruled in favour of the federal government concluding that, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carbon Pricing
Carbon pricing (or pricing), also known as cap and trade (CAT) or emissions trading scheme (ETS), is a method for nations to reduce global warming. The cost is applied to greenhouse gas emissions in order to encourage polluters to reduce the combustion of coal, oil and gas – the main driver of climate change. The method is widely agreed and considered to be efficient. Carbon pricing seeks to address the economic problem that emissions of and other greenhouse gases (GHG) are a negative externality – a detrimental product that is not charged for by any market. A carbon price usually takes the form of a carbon tax or carbon emission trading, a requirement to purchase allowances to emit. 21.7% of global GHG emissions are covered by carbon pricing in 2021, a major increase due to the introduction of the Chinese national carbon trading scheme. Regions with carbon pricing include most European countries and Canada. On the other hand, top emitters like India, Russia, the Gulf st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
