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Reference Re Alberta Statutes
''Reference Re Alberta Statutes'', also known as the Alberta Press case and the Alberta Press Act Reference, is a landmark reference question, reference of the Supreme Court of Canada where several provincial laws, including one restricting the press, were struck down and the existence of an implied bill of rights protecting civil liberties such as a free press was first proposed. Background The province of Alberta, under the Social Credit government of William Aberhart had passed several laws as part of a series of reforms inspired by social credit economic theory. Arising from the 1937 Social Credit backbenchers' revolt, the Legislative Assembly of Alberta passed several Acts to implement the Social Credit agenda, to which royal assent was given: :* ''Credit of Alberta Regulation Act'' (requiring all bankers to obtain a license from the Social Credit Commission) :* ''Bank Employees Civil Rights Act'' (preventing unlicensed banks and their employees from initiating civil action ... [...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] |
Disallowance And Reservation In Canada
Disallowance and reservation are historical constitutional powers in Canada that act as a mechanism to delay or overrule legislation passed by Parliament or a provincial legislature. In contemporary Canadian history, disallowance is an authority granted to the governor general in council (federal cabinet) to invalidate an enactment passed by a provincial legislature. Reservation is an authority granted to the lieutenant governor to withhold royal assent from a bill which has been passed by a provincial legislature. The bill is then "reserved" for consideration by the federal cabinet. In Canadian constitutional law, the powers of reservation and disallowance of federal legislation still formally remain in place in Sections 55 and 56 of the ''Constitution Act, 1867'', and are extended to provincial legislation by Section 90. The initial intent of disallowance, and its practice for the first few years of Confederation, was considered a means of ensuring constitutional compliance. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mootness
The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic issues led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The doctrine can be compared to the ripeness doctrine, another judge-made rule, that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. Similar doctrines prevent the federal courts of the United States from issuing advisory opinions. This is different fro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the Parliament of the United Kingdom, British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preamble To The Constitution Act, 1867
The Preamble to the ''Constitution Act, 1867'' (french: Préambule de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada, setting out some of the general goals and principles of the Act. Although not itself a substantive provision, the courts have used it as a guide to the interpretation of the Constitution of Canada, particularly unwritten constitutional principles which inform the history and meaning of the Constitution. The ''Constitution Act, 1867'' is the constitutional statute which established Canada. Originally named the ''British North America Act, 1867'', the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada. ''Constitution Act, 1867'' The ''Constitution Act, 1867'' is part of the Constitution of Canada and thus part of the "supreme law of Canada". It was the product of extensive negotiations between ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Hague Davis
Henry Hague Davis (September 10, 1885 – June 30, 1944) was a Canadian lawyer and Puisne Justice of the Supreme Court of Canada. Born in Brockville, Ontario, the son of William Henry Davis and Eliza Dowsley, he received a Bachelor of Arts in 1907, a Master of Arts in 1909 and a Bachelor of Laws in 1911 all from the University of Toronto. He was called to the Ontario Bar in 1911 and then proceeded to practice law with the firm of Kilmer, McAndrew & Irving in Toronto. In 1933, he was appointed to the Ontario Court of Appeal. In early 1935, he was appointed to the Supreme Court. For reasons unknown, it had taken the federal government over a year to appoint Davis to replace Justice Smith, who had retired in late 1933. Davis had been actively involved in the Canadian Bar Association while in practice, and maintained that involvement while on the Bench. He was president of the Ontario Bar Association The Ontario Bar Association is a bar association representing more than 16 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lyman Poore Duff
Sir Lyman Poore Duff (7 January 1865 – 26 April 1955) was the eighth Chief Justice of Canada. He was the longest serving justice of the Supreme Court of Canada. Early life and career Born in Meaford, Canada West (now Ontario) to a Congregationalist minister, Duff received a Bachelor of Arts in mathematics and metaphysics from the University of Toronto in 1887. After graduation, he taught at Barrie Collegiate Institute while studying for the bar. Duff later took courses at Osgoode Hall Law School and was called to the Ontario Bar in 1893. Duff practised as a lawyer in Fergus, Ontario after being called to the bar. In 1895, Duff moved to Victoria, British Columbia and continued his career there. In 1895, he was made a Queen's Counsel. In 1903, he took part, as junior counsel for Canada, in the Alaska Boundary arbitration. In 1923 Mount Duff (Yakutat), also known as ''Boundary Peak 174'' was named after him. Judicial and other appointments In 1904, he was appointed a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade And Commerce (Canadian Law)
Section 91(2) of the ''Constitution Act, 1867'', also known as the trade and commerce power, grants the Parliament of Canada the authority to legislate on: The development of Canadian constitutional law has given this power characteristics that are unique from those that are specified in the United States Constitution's Commerce Clause and the Australian Constitution's interstate trade and commerce power. Initial jurisprudence First examined in ''Citizen's Insurance Co. v. Parsons'' (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: Therefore, ''Parsons'' establishes three basic propositions about the trade and commerce power that have underlined all subsequent jurisprudence: Initially the scope for extraprovincial trade was set very narrowly by the Privy Council. In the '' Board of Commerce case'', the Privy Council suggested that the trade and commerce power applied only as an ancillary power to some other valid federal p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Currency
A currency, "in circulation", from la, currens, -entis, literally meaning "running" or "traversing" is a standardization of money in any form, in use or circulation as a medium of exchange, for example banknotes and coins. A more general definition is that a currency is a ''system of money'' in common use within a specific environment over time, especially for people in a nation state. Under this definition, the British Pound Sterling (£), euros (€), Japanese yen (¥), and U.S. dollars (US$)) are examples of (government-issued) fiat currencies. Currencies may act as stores of value and be traded between nations in foreign exchange markets, which determine the relative values of the different currencies. Currencies in this sense are either chosen by users or decreed by governments, and each type has limited boundaries of acceptance - i.e. legal tender laws may require a particular unit of account for payments to government agencies. Other definitions of the term "curren ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawrence Arthur Dumoulin Cannon
Lawrence Arthur Dumoulin Cannon (April 28, 1877 – December 25, 1939) was a Canadian lawyer, politician, and Puisne Justice of the Supreme Court of Canada. Born in Arthabaska, Quebec, the son of Lawrence John Cannon and Aurélie Dumoulin, he received a Bachelor of Arts degree in 1896 from Université Laval. In 1899 he received an LL.L also from Université Laval. He was called to the Bar in 1899 and practised law. His brother was Lucien Cannon, a politician and cabinet minister. In 1908, he was elected to the City council of Quebec City. In 1916, he was elected to the Legislative Assembly of Quebec for the riding of Québec-Centre as a Liberal. He was re-elected in 1919 but was defeated in 1923. He returned to private practice until he was appointed to the Court of King's Bench of Quebec in 1927. He was appointed to the Supreme Court in 1930 and served until his death in 1939. His great-nephew Lawrence Cannon was a Member of Parliament from 2006 to 2011, serving in Pri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultra Vires
('beyond the powers') is a 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: * Companies and other legal persons sometimes have limited 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. * 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 law, describes acts attempted by a corporation that are beyond the scope of powers ... [...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] |
