Nadan V The King
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Nadan V The King
''Nadan v R'' is a key ruling of the Judicial Committee of the Privy Council in determining the competence of the Parliament of Canada with respect to the restrictions laid out in the ''Colonial Laws Validity Act 1865'', and whether it possessed extraterritorial jurisdiction. Background In 1875, the Parliament of Canada established the Supreme Court of Canada as a general court of appeal. This did not, however, bar rulings from the various provincial courts of appeal from being appealed directly to the Judicial Committee of the Privy Council. In 1888, Parliament enacted a provision to abolish appeals in criminal cases to the Judicial Committee of the Privy Council, which was later incorporated as s 1025 of the ''Criminal Code'': In 1924, Frank Nadan, working for his employer (a British Columbia common carrier), was transporting intoxicating liquor from Alberta to Montana, which was subject to a prohibition on alcohol. Near Coleman, Alberta, he was arrested by the Alberta Prov ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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Distilled Beverage
Liquor (or a spirit) is an alcoholic drink produced by distillation of grains, fruits, vegetables, or sugar, that have already gone through alcoholic fermentation. Other terms for liquor include: spirit drink, distilled beverage or hard liquor. The distillation process concentrates the liquid to increase its alcohol by volume. As liquors contain significantly more alcohol (drug), alcohol (ethanol) than other alcoholic drinks, they are considered 'harder'; in North America, the term ''hard liquor'' is sometimes used to distinguish distilled alcoholic drinks from non-distilled ones, whereas the term ''spirits'' is more common in the UK. Some examples of liquors include vodka, rum, gin, and tequila. Liquors are often aged in barrels, such as for the production of brandy and whiskey, or are infused with flavorings to form a flavored liquor such as absinthe. While the word ''liquor'' ordinarily refers to distilled alcoholic spirits rather than beverages produced by fermentation ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ...
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Constitution Of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the Government of Australia, executive, Parliament of Australia, legislature, and Judiciary of Australia, judiciary. The constitution was drafted between 1891 and 1898, through a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a 1898–1900 Australian constitutional referendums, set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an Ac ...
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Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, smaller islands. With an area of , Australia is the largest country by area in Oceania and the world's List of countries and dependencies by area, sixth-largest country. Australia is the oldest, flattest, and driest inhabited continent, with the least fertile soils. It is a Megadiverse countries, megadiverse country, and its size gives it a wide variety of landscapes and climates, with Deserts of Australia, deserts in the centre, tropical Forests of Australia, rainforests in the north-east, and List of mountains in Australia, mountain ranges in the south-east. The ancestors of Aboriginal Australians began arriving from south east Asia approximately Early human migrations#Nearby Oceania, 65,000 years ago, during the Last Glacial Period, last i ...
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Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use ''con ...
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Competence (law)
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot ...
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Intervener
An intervener is a person who regularly works one-to-one with an individual who is deaf-blind. Deafblindness is a low incidence disability that describes individuals with varying degrees of vision and hearing losses. The combined loss often compromises the ability to access information in the environment or to communicate effectively. Interveners, by contributing communication and information, provide a medium through which deaf-blind individuals can link to the people, things and events in the world. Interveners provide services in educational settings for students, as well as in early intervention and community settings. The improvement of the social and emotional well-being of individuals with disabilities, is the goal of interveners. Practice In educational settings, interveners, through the provision of intervener services, provide access to information and communication and facilitate the development of social and emotional well being for children who are deaf-blind. An ...
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Motion To Quash
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer. A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if an attorney believes that some court document such as a subpoena was not issued or delivered following the required procedure. For example, a party that receives improper service of process may file a motion to quash. In the context of a court hearing an appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ..., de ...
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Canada Temperance Act
The ''Canada Temperance Act'' (french: Loi de tempérance du Canada), also known as the ''Scott Act'', was an Act of the Parliament of Canada passed in 1878, which provided for a national framework for municipalities to opt in by plebiscite to a scheme of prohibition. It was repealed in 1984. Pre-Confederation colonial legislation Temperance legislation of general application had been enacted by the various colonies as early as 1855, when New Brunswick implemented total prohibition to mixed success. Others, beginning with the Province of Canada on the passage of the ''Dunkin Act'' in 1864, named after its sponsor Christopher Dunkin, opted to allow local municipalities to implement temperance upon an approval by plebiscite. The Act proved to be problematic in its operation following the division of the Province into Ontario and Quebec. In ''Ex parte O'Neill'', RJQ 24 SC 304, it was held that the Legislative Assembly of Quebec could not repeal the ''Dunkin Act'', but it could pass a ...
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Alberta Provincial Police
The Alberta Provincial Police (APP) was the provincial police service for the province of Alberta, Canada from 1917 to 1932. The APP was formed as a result of the Royal North-West Mounted Police (RNWMP) leaving the prairie provinces during the First World War due to a lack of sufficient resources in light of its increased responsibilities for national security and reluctance to again enforce Prohibition law recently put into effect by the Alberta government after its experience doing so during territorial times. The RNWMP was replaced by the newly created Alberta Provincial Police on March 1, 1917, which remained responsible for provincial policing until 1932, when it was eliminated as a cost-cutting measure during the Great Depression. The APP was known for its tumultuous beginning, battles against rum-runners and bootleggers during prohibition in Canada and the United States, as well as its remarkable efficiency and professionalism which endeared to the force to Albertans. On ...
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Coleman, Alberta
Coleman is a community in the Rocky Mountains within the Municipality of Crowsnest Pass in southwest Alberta, Canada. It was formerly incorporated as a town prior to 1979 when it amalgamated with four other municipalities to form Crowsnest Pass. Coleman is located in Census Division No. 15 and in the riding of Macleod. It is served by Highway 3 (Crowsnest Highway) and the Canadian Pacific Railway. History In 1903, a new townsite was laid out a few kilometres west of Blairmore, to service a new coal mine operated by the International Coal and Coke Company. Initial names of Paulson's Camp or McGillivray Hill were rejected by the post office, settling on Coleman (after the mother's maiden name of the president and mine owner A. C. Flumerfelt's wife, Ada, and the middle name of his youngest daughter, Norma Coleman Flumerfelt). Coleman was incorporated as a village on January 11, 1904. It then incorporated as a town on September 10, 1910. A feature of Coleman was the mine ...
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