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Provincial Court Judges' Assn. Of New Brunswick V. New Brunswick (Minister Of Justice)
''Provincial Court Judges' Assn of New Brunswick v New Brunswick (Minister of Justice); Ontario Judges Assn v Ontario (Management Board); Bodner v Alberta; Conférence des juges du Québec v Quebec (AG); Minc v Quebec (AG)'' 0052 S.C.R. 286 was a decision by the Supreme Court of Canada in which the Court attempted to resolve questions about judicial independence left over from the landmark ''Provincial Judges Reference'' (1997). The Court found that government remuneration of provincial court judges that is lower than what an independent salary commission recommended can be justified. A broader perspective should be taken whether overall conditions of judicial independence have been met and some deference to the government is needed. Background The decision arose from cases from four different provinces, namely ''Provincial Court Judges’ Assn. of New Brunswick v. New Brunswick (Minister of Justice)'' from New Brunswick, ''Ontario Judges’ Assn. v. Ontario (Management Board)'' f ...
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Court Of Appeal For New Brunswick
The Court of Appeal of New Brunswick (french: Cour d'appel du Nouveau-Brunswick) (frequently referred to as New Brunswick Court of Appeal or NBCA) is the appellate court in the province of New Brunswick. There are five Justices, one Chief Justice, any former judge of the Court of Appeal who is a supernumerary judge and any former Chief Justice of New Brunswick who is a judge or a supernumerary judge. The court sits in Fredericton, New Brunswick. Cases are heard by a panel of three judges. As of 2018, the Chief Justice is the Honourable Marc Richard. Jurisdiction The court hears appeals from the Court of King's Bench of New Brunswick, Provincial Court of New Brunswick, and various tribunals. Cases tried by the court can be appealed to the Supreme Court of Canada, but in practice this happens only a few times a year. Current judges Supernumerary References External links New Brunswick Court of Appeal {{Courts of Canada New Brunswick New Brunswick (french: Nouveau-B ...
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Anti-Inflation Reference
''Reference Re Anti-Inflation Act'', 9762 S.C.R. 373 was a landmark reference question opinion of the Supreme Court of Canada on the constitutionality of the ''Anti-Inflation Act''.''Anti-Inflation Act'', SC 1975, c. 75. In what has become among the most significant federalism cases of the Supreme Court, the Act was held to be within the power of the federal government. The ''Anti-Inflation Act'' was passed in 1975, on recommendation of the Bank of Canada, to control the growing inflation of the past several years. Due to growing unease with the Act, the federal government put two questions to the Supreme Court on the validity of the Act. The major question being whether the Act was ultra vires of the federal government. First, the Court noted that the subject-matter of the Act being inflation made it impossible to assign to one of the enumerated powers in the ''Constitution Act, 1867''. Consequently, the Act would be able to be upheld only under the peace, order and good government ...
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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 ...
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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 ...
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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 ...
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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 ...
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Judicial Compensation And Benefits Commission
The Judicial Compensation and Benefits Commission is a Canadian commission that recommends judicial salaries for federally appointed judges. The commission was created in 1999 by the government of Prime Minister Jean Chrétien, under the Judges Act. This was prompted by the ''Provincial Judges Reference'' (1997), an opinion by the Supreme Court of Canada, although the federal government itself was not bound by this opinion. The Reference had stated that independent commissions are needed to ensure salaries are free of political manipulation. This was based in the principle of judicial independence, said to be implied by the preamble of the ''Constitution Act, 1867''. The government accepted the Reference's suggestion that such commissions are necessary and must be "Independent, objective and effective."
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List Of Supreme Court Of Canada Cases (McLachlin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Beverley McLachlin as Chief Justice of Canada to her retirement in 2017. 2000–2004 2005–2009 2010–2017 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 (2000-present) ...
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Deference
Deference (also called submission or passivity) is the condition of submitting to the espoused, legitimate influence of one's superior or superiors. Deference implies a yielding or submitting to the judgment of a recognized superior, out of respect or reverence. Deference has been studied extensively by political scientists, sociologists, and psychologists. Politics Smolenski (2005) examines deference in colonial Pennsylvania, to see how claims to political authority were made, justified, and accepted or rejected. He focuses on the "colonial speech economy," that is, the implicit rules that determined who was allowed to address whom and under what conditions, and describes how the qualities that inspired deference changed in the province from 1691 to 1764. The Quaker elite initially established a monopoly on political leadership based on what they believed to be their inherent civic virtue grounded in their religious and social class. By 1760, this view had been discredited and ...
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Good Faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean " ...
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Government Of Alberta
The government of Alberta (french: gouvernement de l'Alberta) is the body responsible for the administration of the Canadian province of Alberta. As a constitutional monarchy, the Crown—represented in the province by the lieutenant governor—is the corporation sole, assuming distinct roles: the executive, as the ''Crown-in-Council''; the legislature, as the ''Crown-in-Parliament''; and the courts, as the ''Crown-on-the-Bench''. The functions of the government are exercised on behalf of three institutions—the Executive Council; the Legislative Assembly; and the judiciary, respectively. Its powers and structure are partly set out in the ''Constitution Act, 1867''. Alberta operates in the Westminster system of government. The political party or coalition that wins the largest number of seats in the legislature forms government, and the party's leader becomes premier of Alberta and ministers are selected by the premier. In modern Canadian use, the term ''Government of Albert ...
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