McRuer Report
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McRuer Report
The McRuer commission, officially the Royal Commission Inquiry into Civil Rights, was a royal commission conducted in Ontario, Canada, headed by James Chalmers McRuer. Premier John Robarts asked McRuer to head the commission. Robarts made his request after his government had introduced, and then quickly retracted, a bill dubbed the "police state bill" that would have allowed the Ontario Police Commission (now the Ontario Civilian Police Commission) to "force anyone to give evidence in secret or be jailed indefinitely if they refused". This proposal was deeply unpopular. Arthur Wishart, the province's new attorney-general after Frederick Cass (who had introduced the bill) was removed from the justice portfolio, recommended that the government appoint a royal commission on civil rights in response to the outcry. McRuer was appointed as commissioner on May 21, 1964, effective retroactively to May 1. The commission's terms of reference instructed him to examine any Ontario law that m ...
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1964 In Ontario
Events January * January 1 – The Federation of Rhodesia and Nyasaland is dissolved. * January 5 - In the first meeting between leaders of the Roman Catholic and Orthodox churches since the fifteenth century, Pope Paul VI and Patriarch Athenagoras I of Constantinople meet in Jerusalem. * January 6 – A British firm, the Leyland Motor Corp., announces the sale of 450 buses to the Cuban government, challenging the United States blockade of Cuba. * January 9 – ''Martyrs' Day'': Armed clashes between United States troops and Panamanian civilians in the Panama Canal Zone precipitate a major international crisis, resulting in the deaths of 21 Panamanians and 4 U.S. soldiers. * January 11 – United States Surgeon General Luther Terry reports that smoking may be hazardous to one's health (the first such statement from the U.S. government). * January 12 ** Zanzibar Revolution: The predominantly Arab government of Zanzibar is overthrown by African nationalist rebels; a United ...
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University Of Toronto Law Journal
The ''University of Toronto Law Journal'' is a law review published by University of Toronto Press. It was established in 1935 by William Paul McClure Kennedy. History The journal was established in 1935 "under the insistent prompting of Dean W.P.M. Kennedy". Kennedy viewed it as a means to pursue his view of legal scholarship as a form of social science, as opposed to a way to meet the needs of legal practitioners. Donna Greschner describes the review under Kennedy's leadership as an "explicitly academic journal jointly published by faculty and students". The journal was the second law review based at a Canadian university. The first was the ''Alberta Law Quarterly'', published from 1934 to 1944, and revived in 1955 as the ''Alberta Law Review''. As of its establishment, the ''University of Toronto Law Journal'' was released annually each February. In 1955, F.E. La Brie was named the journal's editor-in-chief. Ronald St. John Macdonald edited the review before leaving the Uni ...
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Osgoode Hall Law Journal
The ''Osgoode Hall Law Journal'' () is a law review affiliated with Osgoode Hall Law School of York University, Toronto, Canada Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the ancho .... It has been publishing continuously since 1958. References External links *{{official website, http://www.ohlj.ca/ Canadian law journals Publications established in 1958 English-language journals 1958 establishments in Ontario Osgoode Hall Law School ...
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Judicial Review Procedure Act
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws ...
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Disallowance And Reservation In Canada
Disallowance and reservation are historical constitutional powers in Canada that act as a mechanism to delay or overrule legislation passed by Parliament or a provincial legislature. In contemporary Canadian history, disallowance is an authority granted to the governor general in council (federal cabinet) to invalidate an enactment passed by a provincial legislature. Reservation is an authority granted to the lieutenant governor to withhold royal assent from a bill which has been passed by a provincial legislature. The bill is then "reserved" for consideration by the federal cabinet. In Canadian constitutional law, the powers of reservation and disallowance of federal legislation still formally remain in place in Sections 55 and 56 of the ''Constitution Act, 1867'', and are extended to provincial legislation by Section 90. The initial intent of disallowance, and its practice for the first few years of Confederation, was considered a means of ensuring constitutional compliance. ...
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Primary And Secondary Legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislature, legislative and executive (government), executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems, or by regulatory agency, regulatory agencies in presidential systems), creating legally enforceable regulations and the procedures for implementing them. Australia In Australian law, primary legislation includes acts of the Commonwealth Parliament and state or territory parliaments. Secondary legislation, formally called legislative instruments, are re ...
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Discretion
Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. Some view discretion negatively, while some view it positively. Discretion exists at all levels of law enforcement and in many types of front-line bureaucrats. Discretion has been called "the Art of suiting the action to particular circumstances" (Lord Scarman). Those in a position of power are most often able to exercise discretion as to how they will apply or exercise that power. The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed. In law In the legal system, discretion is often defined as the ability of a judge to choose where, how and with what severity to sentence a person who has been convicted. A person chooses to utilize his or her options and decides which to use, whether this is a ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ...
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Canadian Administrative Law
Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies in Canada. That is, the law concerns the manner in which courts can review the decisions of administrative decision makers such as a board, tribunal, commission, agency, or Crown minister, while exercising ministerial discretion. Administrative law is concerned primarily with the legality of administrative decision making and with issues of procedural fairness (rights for those affected by the decision to participate in the decision making process). Administrative law concerns the interpretation of statutes and rules of government operations. Courts, when applying administrative law, look to ensure that administrative or governmental actors and bodies observe and act within the legal limits on their authority. Sources of law The powers of an administrative decision-maker ("ADM") are primarily created by statute, which is known as the "enabling sta ...
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University Of British Columbia Press
The University of British Columbia Press (UBC Press) is a university press that is part of the University of British Columbia. It was established in 1971. The press is based in Vancouver, British Columbia, Canada, and has editorial offices in Kelowna, British Columbia, and Toronto, Ontario. UBC Press is primarily a social sciences publisher. It publishes books of original scholarship that draws on and reflects current research. Each year UBC Press publishes seventy new titles in a number of fields, including Aboriginal studies, Asian studies, Canadian history, environmental studies, gender and women's studies, health and food studies, geography, law, media and communications, military and security studies, planning and urban studies, and political science. The press is a member of the Canadian Association of University Presses (CAUP), the Association of American University Presses (AAUP), the Association of Canadian Publishers (ACP), the International Association of Scholarly Publi ...
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