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Multiple Access Ltd. V. McCutcheon
''Multiple Access Ltd v McCutcheon'' is a leading constitutional decision of the Supreme Court of Canada on the resolution of overlapping federal and provincial laws under the doctrine of double aspect. Background Multiple Access, a company incorporated under the ''Canada Corporations Act'' made an offer to acquire the broadcasting assets of Canadian Marconi Limited, which was accepted. Two shareholders of Multiple Access applied to the Ontario courts to have the Ontario Securities Commission commence an action against several directors and officers of the company for insider trading under the ''Ontario Securities Act''.R.S.O. 1970, c. 426 In its defence, the company argued that the provisions of the provincial Act were inoperative under the paramountcy doctrine as it overlapped with insider trading provisions in the ''Canada Corporations Act''. Lower courts At first instance, Henry J in Weekly Court held the provincial provisions in question were valid and still in effect. He ... [...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] |
McGill Law Journal
The ''McGill Law Journal'' is a student-run legal publication at McGill University Faculty of Law in Montreal. It is a not-for-profit corporation independent of the Faculty and it is managed exclusively by students. The ''Journal'' also publishes the ''Canadian Guide to Uniform Legal Citation'' and a series of podcasts since 2012. A 2022 study assessing the most cited Law Review articles in the history of the Supreme Court of Canada found that the McGill Law Journal was one of a select few elite law journals in Canada and the McGill Law Journal was by far the most cited by the Supreme Court of Canada with 150 citations, with the second and third place consisting of 100 and 86 citations, respectively. Overview Since the 1970s, the ''McGill Law Journal'' has been cited more often by the Supreme Court of Canada than any other university-affiliated law journal in the world. ''Journal'' subscribers reside in more than twenty-five countries. Following the faculty's policy of bilingual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Federalism 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] |
List Of Supreme Court Of Canada Cases (Laskin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Bora Laskin in 1973 as Chief Justice to his death in office in 1984. Laskin was the first Chief Justice to hear cases under the Charter of Rights and Freedoms implemented in 1982. 19731974 19751979 19801984 See also * List of Judicial Committee of the Privy Council cases * 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 (1973-1984) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peace, Order And Good Government
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados, Canada, Australia and formerly New Zealand and South Africa. It is often contrasted with "life, liberty and the pursuit of happiness", a spiritually analogous phrase found in the US Declaration of Independence. Background Legal documents often contain a residual clause which expresses which entity will have authority over jurisdictions that have not otherwise been delineated or are in dispute. While specific authorities are often enumerated in legal documents as well, the designation of a residual power helps provide direction to future decision-makers and in emerging issue areas. At its origin, the preferred phrase was "peace, ''welfare'' and good government," but ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade And Commerce (Canadian Law)
Section 91(2) of the ''Constitution Act, 1867'', also known as the trade and commerce power, grants the Parliament of Canada the authority to legislate on: The development of Canadian constitutional law has given this power characteristics that are unique from those that are specified in the United States Constitution's Commerce Clause and the Australian Constitution's interstate trade and commerce power. Initial jurisprudence First examined in ''Citizen's Insurance Co. v. Parsons'' (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: Therefore, ''Parsons'' establishes three basic propositions about the trade and commerce power that have underlined all subsequent jurisprudence: Initially the scope for extraprovincial trade was set very narrowly by the Privy Council. In the '' Board of Commerce case'', the Privy Council suggested that the trade and commerce power applied only as an ancillary power to some other valid federal p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property And Civil Rights
Section 92(13) of the ''Constitution Act, 1867'', also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on: It is one of three key residuary powers in the ''Constitution Act, 1867'', together with the federal power of peace, order and good government and the provincial power over matters of a local or private nature in the province. Extent Provincial jurisdiction over property and civil rights embraces all private law transactions, which includes virtually all commercial transactions. Note that "civil rights" in this context does not refer to civil rights in the more modern sense of political liberties. Rather, it refers to private rights enforceable through civil courts. This power is generally balanced against the federal trade and commerce power and criminal law power. With respect to the former, In the '' Insurance Reference'', Viscount Haldane noted that: It is the most powerful and expansive of the pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McClelland And Stewart
McClelland & Stewart Limited is a Canadian publishing company. It is owned by Random House of Canada, Penguin Random House of Canada, a branch of Penguin Random House, the international book publishing division of German media giant Bertelsmann. History It was founded in 1906 as McClelland and Goodchild by John McClelland and Frederick Goodchild, both originally employed with the "Methodist Book Room" which was in 1919 to become the Ryerson Press. In December 1913 George Stewart, who had also worked at the Methodist Book Room, joined the company, and the name of the firm was changed to McClelland, Goodchild and Stewart Limited. When Goodchild left to form his own company in 1918, the company's name was changed to McClelland and Stewart Limited, now sometimes shortened to M&S. The first known imprint of the press is John D. Rockefeller, John D. Rockefeller's ''Random Reminiscences of Men and Events.'' In the earliest years, M&S concentrated primarily on exclusive distribution and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGill Law School
The Faculty of Law is one of the professional graduate schools of McGill University in Montreal, Quebec, Canada. It is the oldest law school in Canada, and continually ranks among the best law schools in the world. The faculty is known for its holistic approach though highly selective and competitive process for admission. Only 180 candidates are admitted for any given academic year. For the year 2021 class, the acceptance rate was 10%. McGill Faculty of Law has consistently ranked as the top law school for civil law, a top law school for common law, the most number of Supreme Court clerkships of any law school in Canada, and consistently outranks Europe, Asia, and Latin America's top civil law schools. Notable alumni include Prime Ministers John Abbott and Sir Wilfrid Laurier, thirteen Justices of the Supreme Court (Including the most recent appointments, Mahmud Jamal and Nicholas Kasirer), as well as numerous Members of Parliament. Three members of the current Cabinet of Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paramountcy
Suzerainty () is the rights and obligations of a person, state or other polity who controls the foreign policy and relations of a tributary state, while allowing the tributary state to have internal autonomy. While the subordinate party is called a vassal, vassal state or tributary state, the dominant party is called a suzerain. While the rights and obligations of a vassal are called vassalage, the rights and obligations of a suzerain are called suzerainty. Suzerainty differs from sovereignty in that the dominant power allows tributary states to be technically independent, but enjoy only limited self-rule. Although the situation has existed in a number of historical empires, it is considered difficult to reconcile with 20th- or 21st-century concepts of international law, in which sovereignty is a binary concept, which either exists or does not. While a sovereign state can agree by treaty to become a protectorate of a stronger power, modern international law does not recognise any ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Double Aspect
Double aspect is a legal doctrine in Canadian constitutional law that allows for laws to be created by both provincial and federal governments in relation to the same subject matter. Typically, the federalist system assigns subject matters of legislation to a single head of power. However, certain matters have several dimensions to them, such that for one purpose the matter will fall to one head of power, while for another purpose, it will fall to the other. For example, highway traffic laws fall into the property and civil rights power of the province, but equally, can be a criminal offence which is in the criminal law power of the federal government. The origin of the doctrine comes from the Privy Council decision of '' Hodge v. The Queen'', where it was stated that "subjects which in one aspect and for one purpose fall within s. 92, may in another aspect and for another purpose fall within s. 91". Matters of double aspect The Courts have established several matters that ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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