Munro V. National Capital Commission
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Munro V. National Capital Commission
''Munro v National Capital Commission'', 966S.C.R. 663 is a leading Supreme Court of Canada decision on the federal peace, order, and good government power, where the Court held that the zoning, expropriation and renovation of land within the National Capital Region, in the vicinity of Ottawa, is a matter under the authority of the federal government. Typically, matters of city improvement, zoning and bylaws are in the exclusive power of the provincial government under the property and civil rights power of the Constitution Act, 1867. However, the unique nature of the City of Ottawa in relation to the federal government was the basis of giving authority to the federal government. The interpretation of the "national concern" branch of the peace, order, and good government clause is a significantly broad one. The National Capital Commission The National Capital Commission (NCC; french: Commission de la capitale nationale, CCN) is the Crown corporation responsible for develo ...
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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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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 originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada.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 ...
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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 t ...
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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 ...
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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 ...
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Pith And Substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of government (be it provincial or federal) has encroached upon the exclusive jurisdiction of another level of government. The Constitution Act, 1867, which established a federal constitution for Canada, enumerated in Sections 91 and 92 the topics on which the Dominion and the Provinces could respectively legislate. Notwithstanding that the lists were framed so as to be fairly full and comprehensive, soon, it was found that the topics enumerated in the two sections overlapped, and the Privy Council repeatedly had to pass on the constitutionality of laws made by the federal and provincial legislatures. It was in this situation that the Privy Council evolved the doctrine that, for deciding whether an impugned legislation was ''intra vires'', ...
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Governor General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy to represent the monarch of a personal union in any sovereign state over which the monarch does not normally reign in person. Governors-general have also previously been appointed in respect of major colonial states or other territories held by either a monarchy or republic, such as Japan in Korea and France in Indochina. Current uses In modern usage, in the context of governor-generals and former British colonies, the term ''governor-general'' originated in those British colonies that became self-governing within the British Empire. Before World War I, the title was used only in federated colonies in which its constituents had had ''governors'' prior to federating, namely Canada, Australia, and the Union of South Africa. In these cases ...
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National Capital Commission
The National Capital Commission (NCC; french: Commission de la capitale nationale, CCN) is the Crown corporation responsible for development, urban planning, and conservation in Canada's Capital Region (Ottawa, Ontario and Gatineau, Quebec), including administering most lands and buildings owned by the Government of Canada in the region. The NCC is the capital's largest property owner, owning and managing over 11% of all lands in the Capital Region. It also owns over 1,600 properties in its real estate portfolio, including the capital's six official residences; commercial, residential and heritage buildings; and agricultural facilities. The NCC reports to the Parliament of Canada through whichever minister in the Cabinet of Canada is designated responsible for the ''National Capital Act'', currently the Minister of Public Services and Procurement. History Ottawa Improvement Commission (1899–1927) Through the 19th century, the character of what is known today as the Natio ...
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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 ...
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Radio Reference
''Quebec (AG) v Canada (AG)'', also known as the ''Radio Reference'', is a decision of the Judicial Committee of the Privy Council that determined that broadcasting fell within the jurisdiction of the Parliament of Canada under the ''British North America Act, 1867''. Background When the ''British North America Act, 1867'' was originally drafted, broadcasting had not yet been invented. By the 1920s, Canada had already entered into international agreements on the subject, and there was intense debate as to which level of government in Canada had jurisdiction to regulate this field. Quebec decided to pose reference questions to its appellate court on the matter, and the federal government decided to preempt that hearing by posing the following questions to the Supreme Court of Canada: # Has the Parliament of Canada jurisdiction to regulate and control radio communication, including the transmission and reception of signs, signals, pictures and sounds of all kinds by means of Her ...
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Ottawa
Ottawa (, ; Canadian French: ) is the capital city of Canada. It is located at the confluence of the Ottawa River and the Rideau River in the southern portion of the province of Ontario. Ottawa borders Gatineau, Quebec, and forms the core of the Ottawa–Gatineau census metropolitan area (CMA) and the National Capital Region (NCR). Ottawa had a city population of 1,017,449 and a metropolitan population of 1,488,307, making it the fourth-largest city and fourth-largest metropolitan area in Canada. Ottawa is the political centre of Canada and headquarters to the federal government. The city houses numerous foreign embassies, key buildings, organizations, and institutions of Canada's government, including the Parliament of Canada, the Supreme Court, the residence of Canada's viceroy, and Office of the Prime Minister. Founded in 1826 as Bytown, and incorporated as Ottawa in 1855, its original boundaries were expanded through numerous annexations and were ultimately ...
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National Capital Region
A capital region, also called a capital district or capital territory, is a region or district surrounding a capital city. It is not always the official term for the region, but may sometimes be used as an informal synonym. Capital regions can exist for either national or subnational capitals. First-level administrative country subdivisions Second-level administrative country subdivisions See also *Capital districts and territories *Federal district A federal district is a type of administrative division of a federation, usually under the direct control of a federal government and organized sometimes with a single municipal body. Federal districts often include capital districts, and they ... References Types of administrative division {{Geo-term-stub ...
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