|
Mackeigan V Hickman
''Mackeigan v Hickman'', 9892 S.C.R. 796 is a leading Supreme Court of Canada decision on judicial independence. The Court unanimously held that to require a federal judge to explain his or her decisions would violate the principle of judicial independence. Background Donald Marshall was an Aboriginal youth who was wrongly convicted of murder in 1971. In 1983, the federal government, on the basis of new evidence, referred the case to the Nova Scotia Court of Appeal who overturned the conviction. The panel which heard the reference included Justice Pace who was the Attorney General of Nova Scotia at the time of the investigation in 1971. At the end of the Court's judgement it was observed that Marshall was largely at fault for his own conviction by misleading the investigation and that "any miscarriage of justice was more apparent than real". This comment had a major effect on the amount of settlement Marshall received. In 1986, the Nova Scotia government established a royal co ... [...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] |
List Of Supreme Court Of Canada Cases (Dickson Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from Brian Dickson's appointment as Chief Justice on April 18, 1984, to his retirement on June 30, 1990. 1984 19851989 1990 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 (1984-1990) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Constitutional Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provincial Court Judges' Assn
Provincial may refer to: Government & Administration * Provincial capitals, an administrative sub-national capital of a country * Provincial city (other) * Provincial minister (other) * Provincial Secretary, a position in Canadian government * Member of Provincial Parliament (other), a title for legislators in Ontario, Canada as well as Eastern Cape Province, South Africa. * Provincial council (other), various meanings * Sub-provincial city in the People's Republic of China Companies * The Provincial sector of British Rail, which was later renamed Regional Railways * Provincial Airlines, a Canadian airline * Provincial Insurance Company, a former insurance company in the United Kingdom Other Uses * Provincial Osorno, a football club from Chile * Provincial examinations, a school-leaving exam in British Columbia, Canada * A provincial superior of a religious order * Provincial park, the equivalent of national parks in the Canadian provinces ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Therrien (Re)
''Re Therrien'', 0012 S.C.R. 3, 2001 SCC 35, is a leading decision of the Supreme Court of Canada on judicial independence. Background In the 1970s, Richard Therrien was convicted of assisting four members of the Front de libération du Québec during the October Crisis. Once he was released he studied law and was eventually given a pardon. Years later he applied for a position on the Quebec bench as a judge. As part of his application he disclosed his criminal record and his pardon. He was rejected based on this history. Later he applied again, this time he did not reveal his criminal history and was accepted. Once the committee discovered the existence of a criminal history they got the Minister of Justice to issue a complaint to the Quebec Conseil de la magistrature. The Conseil found the complaint to be justified and recommended that he be removed from the bench. Therrien applied to have the decision of the Conseil to be judicially reviewed and challenged the constitutionality ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provincial Judges Reference
The ''Reference re Remuneration of Judges of the Provincial Court (P.E.I.)'' 9973 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of provincial court judges. Notably, the majority opinion found all judges are independent, not just superior court judges and inferior court judges concerned with criminal law, as the written constitution stipulates. Unwritten constitutional principles were relied upon to demonstrate this, indicating such principles were growing in importance in constitutional interpretation. The reference also remains one of the most definitive statements on the extent to which all judges in Canada are protected by the Constitution. The majority opinion established that independent compensation commissions are required to help set salaries free of political manipulation. These commissions, described by the majority as "an institutional sieve" and by the dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beauregard V
Beauregard or Beauregarde may refer to: People * Larry Pitchford (born 1936), stage name Beauregarde * Charles Costa de Beauregard (1835–1909), French historian and politician * Christopher Beauregard Emery (born 1957), American White House Usher, enterprise architect, and author * DJ Paul (born 1975), American rapper born Paul Beauregard * Élie Beauregard (1884–1954), Canadian lawyer and politician * Georges de Beauregard (1920–1984), French producer * Gilbert de Beauregard Robinson (1906–1992), Canadian mathematician * James Beauregard-Smith ( fl. late 20th century), Australian life prisoner * Jean-Nicolas Beauregard (1733–1804), French-born religious leader * Keith Beauregard (born 1983), American baseball coach * Nathan Beauregard (1887–1970), American musician * Olivier Costa de Beauregard (1911–2007), French relativistic and quantum physicist, * P. G. T. Beauregard (1818–1893), Confederate general, inventor, civic leader * Pantaléon Costa de Beauregar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Valente V
Valente is an Italian and Portuguese surname, and may refer to: People *Ailen Valente (born 1996), Argentine female artistic gymnast *Alfredo Valente (photographer) (1899–1973), Italian born American photographer * Benita Valente (born 1934), American soprano * Bruno Valente (born 1982), Portuguese footballer *Caterina Valente (born 1931), Italian singer, guitarist, dancer, and actress *Catherynne M. Valente (born 1979), American poet, novelist, and literary critic * Diogo Valente (born 1984), Portuguese footballer * Duarte Valente (born 1999), Portuguese professional footballer *Gary Valente (born 1953), American jazz trombonist *Hugo Valente (born 1992), French racing driver *Ivan Valente (born 1946), Brazilian politician, teacher and engineer *Jennifer Valente (born 1994), American racing cyclist * José Ángel Valente (1929—2000), Spanish poet *José Valente (born 1969), Brazilian middle-distance runner * Laura Valente, stage name of Laura Bortolotti (born 1963), Italia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021. Early life and education McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were "fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the ''Alberta Law Review'') from the University of Alberta. She was called to the bar of Alberta in 1969, and to th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Independence
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers. Many countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the ... [...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] |
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the Parliament of the United Kingdom, British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
