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Quebec Veto Reference
''Quebec Veto Reference'' (officially, ''Reference: Objection by Quebec to a Resolution to amend the Constitution'') 9822 S.C.R. 793 is a Supreme Court of Canada opinion on whether there is a constitutional convention giving the province of Quebec a veto over amendments to the Constitution of Canada. The issue arose during patriation debates, after the Supreme Court ruled in the Patriation Reference that there is a constitutional convention requiring "a substantial degree of provincial consent" for amendments to the Constitution of Canada. In November 1981, the Government of Quebec ordered that a reference be taken in the Quebec Court of Appeal, asking whether the consent of the Province of Quebec is required, by constitutional convention, for constitutional amendments affecting the legislative competence of the Quebec legislature, or the status or role of Quebec's government or legislature. On April 7, 1982, the Quebec Court of Appeal answered in the negative. By that time, the C ...
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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 ...
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Canada Act 1982
The Canada Act 1982 (1982 c. 11; french: Loi de 1982 sur le Canada) is an act of the Parliament of the United Kingdom and one of the enactments which make up the Constitution of Canada. It was enacted at the request of the Senate and House of Commons of Canada to patriate Canada's Constitution, ending the power of the British Parliament to amend the Constitution. The act also formally ended the "request and consent" provisions of the Statute of Westminster 1931 in relation to Canada, whereby the British parliament had a general power to pass laws extending to Canada at its own request. Annexed as Schedule B to the act is the text of the ''Constitution Act, 1982'', in both of Canada's official languages (i.e. English and French). Because of the requirements of official bilingualism, the body of the ''Canada Act'' itself is also set out in French in Schedule A to the act, which is declared by s. 3 to have "the same authority in Canada as the English version thereof". History C ...
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Supreme Court Of Canada Case Articles Without Infoboxes
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) Supremo may refer to: * ''Supremo'' (film), a 2012 Filipino biographical film about Andrés Bonifacio * ''Supremo'' (album), a 2011 album by Chino y Nacho * Supremo (c ...
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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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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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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 ...
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Monarchy In Canada
The monarchy of Canada is Canada's form of government embodied by the Canadian sovereign and head of state. It is at the core of Canada's constitutional Canadian federalism, federal structure and Westminster system, Westminster-style Parliamentary system, parliamentary democracy. The monarchy is the foundation of the Executive (government), executive (King-in-Council), legislative (King-in-Parliament), and judicial (Court system of Canada, King-on-the-Bench) branches of both Government of Canada, federal and Provinces and territories of Canada#Government, provincial jurisdictions. The Style of the Canadian sovereign, king of Canada since 8 September 2022 has been Charles III. Although the person of the sovereign is Personal union, shared with Commonwealth realm, 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is Title and style of the Canadian monarch, officially titled '' ...
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Attorney General Of Quebec
The following is a list of the people who have served as head of the Ministry of Justice of Quebec, or as Attorneys-General of Quebec, Canada East and Lower Canada. Prior to 1965, the name of the position was "Attorney General for Quebec". In 1965, the name of the position was changed to the "Minister of Justice", who is ''ex officio'' the Attorney General for Quebec. List of Ministers of Justice * Simon Jolin-Barrette * Sonia Lebel * Stéphanie Vallée (April 23, 2014 – October 18, 2018) * Bertrand St-Arnaud (September 19, 2012 – April 23, 2014) * Jean-Marc Fournier (August 11, 2010 – September 19, 2012) * Kathleen Weil (December 18, 2008 – August 11, 2010) * Jacques P. Dupuis (April 18, 2007 – December 18, 2008) * Yvon Marcoux (February 18, 2005 – April 18, 2007) * Jacques P. Dupuis (April 27, 2004 – February 18, 2005) * Marc Bellemare (April 29, 2003 – April 27, 2004) * Normand Jutras (October 29, 2002 – April 29, 2003) * Paul Bégin (March 8, 2001 – Octob ...
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Reference Question
In Canadian law, a reference question or reference case (formally called abstract review) is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation. Constitutional and statutory authority Reference jurisdiction of the Supreme Court of Canada The ''Constitution Act, 1867'', gives the federal Parliament the power to create a "General Court of Appeal for Canada", but does not define the jurisdiction of the Court. When Parliament created the Supreme Court of Canada in 1875, it gave the federal Cabinet the power to refer questions to the Supreme Court for the Court's opinion. That provision has been carried forward and is now found in the current ''Supreme Court Act''. Under that provision, the federal Cabinet may submit a question to the Supreme Court of Canada by means of an order-in-council. Once the questions have been submitted to the Cour ...
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Constitutional Convention (political Custom)
A constitutional convention is an informal and uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all. Some constitutional conventions operate separately from or alongside written constitutions, such as in Canada since the country was formed with the enactment of the Constitution Act, 1867. In others, notably the United Kingdom, which lack a single overarching constitu ...
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Constitution Of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the ''Constitution Act, 1982'', the Canadian Constitution consists of the ''Canada Act 1982'' (which includes the ''Constitution Act, 1982''), acts and orders referred to in its schedule (including in particular the ''Constitution Act, 1867'', formerly the ''British North America Act, 1867''), and any amendments to these documents. The Supreme Court of Canada has held that the list is not exhaustive and also includes a number of pre-confederation acts and unwritten components ...
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Patriation Reference
''Reference Re Resolution to amend the Constitution'' – also known as the Patriation Reference – is a historic Supreme Court of Canada reference case that occurred during negotiations for the patriation of the Constitution of Canada. The court affirmed the existence of an unwritten dimension to the constitution and the majority held that by constitutional convention, amendments to the constitution require a substantial degree of provincial consent. However, a differently-constituted majority of the court held that there was no ''legal'' barrier to the federal government seeking a constitutional amendment without any provincial consent. Political debate over patriating the Constitution Under the leadership of Prime Minister Pierre Elliot Trudeau, the federal government of Canada sought to patriate the constitution. Specifically, the aim of the government was to make a request to the United Kingdom Parliament—then the only body with the appropriate legal authority—t ...
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