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Quebec (Attorney General) V. Canadian Owners And Pilots Association
''Quebec (Attorney General) v. Canadian Owners and Pilots Association'', 2010 SCC 39, 0102 SCR 536, also referred to as ''Quebec v. COPA'', is a leading case of the Supreme Court of Canada on determining the applicability of the doctrines of interjurisdictional immunity and federal paramountcy in Canadian constitutional law. The facts An aerodrome, registered under the federal ''Aeronautics Act'', was constructed on land zoned as agricultural in the province of Quebec. Section 26 of the Quebec ''Act respecting the preservation of agricultural land and agricultural activities'' (“ARPALAA”) prohibited the use of lots in a designated agricultural region for any purpose other than agriculture, subject to prior authorization by the ''Commission de protection du territoire agricole du Québec''. Since the Commission’s permission was not obtained prior to constructing the aerodrome, the Commission ordered the return of the land to its original state pursuant to the ARPALAA. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Owners And Pilots Association
The Canadian Owners and Pilots Association (COPA) (french: Association canadienne des pilotes et propriétaires d'aéronefs) is a federally registered not-for-profit association that provides information and advocacy services for Canadian pilots who fly for non-commercial purposes. COPA has close to 15,000 members which ranks it as the largest aviation association of any kind in Canada. Its mission is to "Advance, promote and preserve the Canadian freedom to fly". Its members represent about 50% of all private and commercial pilots in the country. History COPA was formed in 1952 by Ottawa aviators Margaret Carson and John Bogie. They saw the need for an organization to represent the interests of private pilots to the government of Canada. Their model was the US-based Aircraft Owners and Pilots Association (AOPA) which had been formed 13 years earlier in 1939. After meeting with AOPA principals and receiving encouragement from them, COPA was set up with headquarters in Carson ... [...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] |
Interjurisdictional Immunity
In Canadian Constitutional law, interjurisdictional immunity is the legal doctrine that determines which legislation arising from one level of jurisdiction may be applicable to matters covered at another level. Interjurisdictional immunity is an exception to the pith and substance doctrine, as it stipulates that there is a core to each federal subject matter that cannot be reached by provincial laws. While a provincial law that imposes a tax on banks may be ruled ''intra vires'', as it is not within the protected core of banking, a provincial law that limits the rights of creditors to enforce their debts would strike at such a core and be ruled inapplicable. The paramountcy doctrine states that if two pieces of legislation meet, regulate the same activities, and conflict, the federal legislation is paramount, prevails and renders the provincial legislation ''inoperative''. In contrast, the ''interjurisdictional immunity doctrine'' is activated even if there is no meeting of legislat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paramountcy (Canada)
In Canadian constitutional law, the doctrine of paramountcy (french: prépondérance fédérale) establishes that where there is a conflict between valid provincial and federal laws, the federal law will prevail and the provincial law will be inoperative to the extent that it conflicts with the federal law. Unlike interjurisdictional immunity, which is concerned with the scope of the federal power, paramountcy deals with the way in which that power is exercised. The only exception to the doctrine is under section 94A of the ''Constitution Act, 1867'', which allows both the federal government and the provinces to make laws for old age pensions and supplementary benefits, but, to the extent of any conflict, the provincial law is paramount over the federal law. Nature of the doctrine Paramountcy is relevant where there is conflicting federal and provincial legislation. As Justice Major explained in ''Rothmans'': Claims in paramountcy may arise from two different forms of confl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Quebec
The Court of Quebec (french: Cour du Québec) is a court of first instance in the Province of Quebec, Canada. The court has jurisdiction over civil matters, criminal and penal matters as well as over youth matters The court sits in administrative matters as well, and in appeal, on cases provided for by the law. History In 1998, upon the creation of the Administrative Tribunal of Quebec, the Expropriation Division of the Court of Quebec was abolished. Then in 2002, the Labour Court was replaced by the Quebec Labour Relations Board (Commission des relations du travail). Created in 2016, thTribunal administratif du travail (the TAT)results from the merger of the Commission des lésions professionnelles and the Commission des relations du travail. From then on, only penal matters of original jurisdiction, arising from offences under the ''Labour Code'', came under the jurisdiction of the Court of Quebec's Criminal and Penal Division, and only the judges appointed by the chief judg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Superior Court Of Quebec
The Superior Court of Quebec (french: Cour supérieure du Québec) is a superior trial court in the Province of Quebec, in Canada. It consists of 157 judges who are appointed by the federal government. Appeals from this court are taken to the Quebec Court of Appeal. Jurisdiction The Superior Court of Quebec is the court of original general jurisdiction, which hears all cases not expressly assigned to another court or administrative body. It possesses both criminal and civil jurisdiction. It also hears certain appeals in criminal and penal matters. Moreover, it also possesses exclusive jurisdiction to hear and determine class actions and applications for injunctive relief. Furthermore, the Superior Court is vested exclusive jurisdiction of judicial review over all lower courts in Quebec, over legal persons established in the public interest or for a private interest, and over partnerships and associations and other groups not endowed with juridical personality. All criminal m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the am ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021. Early life and education McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were "fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the ''Alberta Law Review'') from the University of Alberta. She was called to the bar of Alberta in 1969, and to th ... [...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 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, ... 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 Judicial Committee of the Privy Counci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marie Deschamps
Marie Deschamps, CC (born October 2, 1952) is a former puisne justice of the Supreme Court of Canada. She retired from the court on August 7, 2012. In September 2019, Deschamps was appointed as a member of the National Security and Intelligence Review Agency. Early life Deschamps was born in Repentigny, Quebec. Education She studied law at the Université de Montréal, graduating in 1974, and completing a Master of Law (LL.M) in 1983 at McGill. Career Legal and judicial She was called to the bar in 1975 and then practised civil, commercial and family law at several Quebec law firms until 1990. In April 1990, Deschamps was appointed to the Quebec Superior Court and in March 1992 to the Quebec Court of Appeal. She was promoted to the Supreme Court of Canada in September 2002, at the age of 49, as the 75th judge appointed to the Supreme Court. Cristin Schmitz, "Deschamps plans to chart her own course". ''Ottawa Citizen'', September 9, 2002: A3. She retired from the court on Aug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec (Attorney General) V
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen provinces and territories of Canada. It is the largest province by area and the second-largest by population. Much of the population lives in urban areas along the St. Lawrence River, between the most populous city, Montreal, and the provincial capital, Quebec City. Quebec is the home of the Québécois nation. Located in Central Canada, the province shares land borders with Ontario to the west, Newfoundland and Labrador to the northeast, New Brunswick to the southeast, and a coastal border with Nunavut; in the south it borders Maine, New Hampshire, Vermont, and New York (state), New York in the United States. Between 1534 and 1763, Quebec was called ''Canada (New France), Canada'' and was the List of French colonies, most developed colon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Federalism
Canadian federalism () involves the current nature and historical development of the federal system in Canada. Canada is a federation with eleven components: the national Government of Canada and ten provincial governments. All eleven governments derive their authority from the Constitution of Canada. There are also three territorial governments in the far north, which exercise powers delegated by the federal parliament, and municipal governments which exercise powers delegated by the province or territory. Each jurisdiction is generally independent from the others in its realm of legislative authority. The division of powers between the federal government and the provincial governments is based on the principle of exhaustive distribution: all legal issues are assigned to either the federal Parliament or the provincial Legislatures. The division of powers is set out in the ''Constitution Act, 1867'' (originally called the ''British North America Act, 1867''), a key docum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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