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Proprietary Articles Trade Association V. Attorney General Of Canada
''Proprietary Articles Trade Association v Canada (AG)'', is a Canadian constitutional decision of the Judicial Committee of the Privy Council on the Constitution's criminal law power under section 91(27). Background Following the ''Board of Commerce case'' (in which the Privy Council determined that two Acts were '' ultra vires'' federal jurisdiction), the Parliament of Canada passed the '' Combines Investigation Act, 1923'', which provided for: :* the investigation of alleged combines, :* creating and punishing the offence of assisting in the formation or operation of a combine, :* reduction or abolition of customs duties which facilitate disadvantage to the public from an existing combine, and :* revocation of patents in certain cases. The '' Criminal Code'' was also amended by inserting s. 498, which created a corresponding offence of combining to limit facilities, restrain commerce, or lessen manufacture or competition. These measures essentially repeated the previous le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intra Vires
('beyond the powers') is a List of Latin phrases, Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Company, Companies and other legal persons sometimes have limited capacity (law), legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Primary and secondary legislation, Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate l ... [...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] |
1931 In Canadian Case Law
Events January * January 2 – South Dakota native Ernest Lawrence invents the cyclotron, used to accelerate particles to study nuclear physics. * January 4 – German pilot Elly Beinhorn begins her flight to Africa. * January 22 – Sir Isaac Isaacs is sworn in as the first Australian-born Governor-General of Australia. * January 25 – Mohandas Gandhi is again released from imprisonment in India. * January 27 – Pierre Laval forms a government in France. February * February 4 – Soviet leader Joseph Stalin gives a speech calling for rapid industrialization, arguing that only strong industrialized countries will win wars, while "weak" nations are "beaten". Stalin states: "We are fifty or a hundred years behind the advanced countries. We must make good this distance in ten years. Either we do it, or they will crush us." The first five-year plan in the Soviet Union is intensified, for the industrialization and collectivization of agriculture. * February 10 – O ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Judicial Committee Of The Privy Council Cases
This is a list of major cases decided by the Judicial Committee of the Privy Council. These include appeals from the following countries: Lower courts recognising JCPC jurisdiction. * (criminal until 1933; Civil case until 1949) * (until 1985) * (until 1986) * (until 1994) * |
Margarine Reference
''Reference Re Validity of Section 5(a) of the Dairy Industry Act'' (1949), also known as the ''Margarine Reference'' or as ''Canadian Federation of Agriculture v Quebec (AG)'', is a leading ruling of the Supreme Court of Canada, upheld on appeal to the Judicial Committee of the Privy Council, on determining if a law is within the authority of the Parliament of Canada's powers relating to criminal law. In this particular case, the Court found that a regulation made by Parliament was ''ultra vires''. Though the regulation contained sufficient punitive sanctions, the subject matter contained within it was not the kind that served a public purpose. The case was decided by the Judicial Committee of the Privy Council on appeal from the Supreme Court of Canada, as the cause for appeal arose before the abolition of such appeals in 1949. The decision by Rand J was upheld in 1951, and the case has been cited in federalism disputes many times since. Background Under Section 91(27) of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Atkin
James Richard Atkin, Baron Atkin, (28 November 1867 – 25 June 1944), commonly known as Dick Atkin, was an Australian-born British judge, who served as a lord of appeal in ordinary from 1928 until his death in 1944. He is especially remembered as the judge giving the leading judgement in the case of Donoghue v Stevenson in 1932, in which he established the modern law of negligence in the UK, and indirectly in most of the common law world. Early life and practice Atkin was the son of Robert Travers Atkin (1841–1872) and his wife, Mary Elizabeth ''née'' Ruck (1842–1920). Robert was from Kilgarriff, County Cork, Mary's father from Newington, Kent, and her mother from Merioneth, Wales. The couple married in 1864 and soon emigrated to Australia intending to take up sheep farming. However, little more than a year into their enterprise Robert was badly injured in a fall from a horse and the couple moved to Brisbane where Robert became a journalist and politician. He always t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Matthew Hale (jurist)
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, and con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edmund Leslie Newcombe
Edmund Leslie Newcombe, (February 17, 1859 – December 9, 1931) was a Canadian lawyer, civil servant, and Puisne Justice of the Supreme Court of Canada. Early life Born in Cornwallis, Nova Scotia, the son of John Cumming Newcombe and Abigail H. Calkin, he received a Bachelor of Arts degree in 1878 and a Master of Arts degree in 1881 from Dalhousie University. He received a Bachelor of Laws degree in 1881 from the short-lived University of Halifax. Career In 1882, he was called to the Nova Scotia Bar and started to practise law. In 1893, he became Deputy Minister of Justice and was called to the Ontario Bar, and was appointed Queen's Counsel shortly after. As Deputy Minister, he was responsible for all the legal work of the Canadian government. He frequently appeared in person in front of the Supreme Court of Canada and the Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Haldane
Richard Burdon Haldane, 1st Viscount Haldane, (; 30 July 1856 – 19 August 1928) was a British lawyer and philosopher and an influential Liberal and later Labour politician. He was Secretary of State for War between 1905 and 1912 during which time the "Haldane Reforms" of the British Army were implemented. As an intellectual he was fascinated with German thought. That led to his role in seeking detente with Germany in 1912 in the Haldane Mission. The mission was a failure and tensions with Berlin forced London to work more closely with Paris. Raised to the peerage as Viscount Haldane in 1911, he was Lord Chancellor between 1912 and 1915, when he was forced to resign because of false allegations of German sympathies. He later joined the Labour Party and once again served as Lord Chancellor in 1924 in the first Labour administration. Apart from his legal and political careers, Haldane was also an influential writer on philosophy, in recognition of which he was elected a Fello ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 91(27) Of The Constitution Act, 1867
Section 91(27) of the ''Constitution Act, 1867'', also known as the criminal law power, grants the Parliament of Canada the authority to legislate on: Scope of the federal power Section 91(27) is by and large the broadest of the enumerated powers allocated to the federal government. As noted by Estey J. in '' Scowby v. Glendinning'': History and jurisprudence The meaning of the phrase "criminal law" was historically a matter of debate. It was first defined by Lord Haldane of the Judicial Committee of the Privy Council, writing in the opinion for the Board of Commerce case, as that area: In ''Proprietary Articles Trade Association v. Attorney General of Canada'', Lord Atkin, writing for the Council, rejected this interpretation: The modern interpretation was articulated by Rand J. in the Margarine Reference where the Court stated: Therefore, the following must be met for a law to be criminal in nature: The issues relating to prohibitions and penalties can be appr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Commonwealth
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental aspects, and the Commonwealth Foundation, which focuses on non-governmental relations amongst member states. Numerous organisations are associated with and operate within the Commonwealth. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance of its territories. It was originally created as the British Commonwealth of Nations through the Balfour Declaration at the 1926 Imperial Conference, and formalised by the United Kingdom through the Statute of Westminster in 1931. The current Commonwealth of Nations was formally constituted by the London Declaration in 1949, which modernised the comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
