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Reference Re Same-Sex Marriage
''Reference Re Same-Sex Marriage'' 0043 S.C.R. 698, 2004 SCC 79, was a reference question to the Supreme Court of Canada regarding the constitutional validity of same-sex marriage in Canada. The ruling was announced December 2004, following arguments made two months prior. Background Prior to this case the issue regarding the constitutional validity of same-sex marriage had been considered by several of the provinces' appellate courts, all of them holding that it was constitutionally valid. In response to this, the Government of Canada submitted three questions to the Supreme Court regarding the validity of the proposed same-sex marriage legislation (the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes): :1. Is the proposal for the Act within the authority of Parliament? If not, to what extent? :2. If so, is section 1 of the proposed Act consistent with the Charter? If not, to what extent? :3. Does section 2(a) of the Charter, guaran ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Wilde, 1st Baron Penzance
James Plaisted Wilde, 1st Baron Penzance, (12 July 1816 – 9 December 1899) was a noted British judge and rose breeder who was also a proponent of the Baconian theory that the works usually attributed to William Shakespeare were in fact written by Francis Bacon. Background and education Born in London, he was the son of Edward Archer Wilde, a solicitor, and Marianne (née Norris). His younger brother Sir Alfred Thomas Wilde was a Lieutenant-General in the Madras Army, while Sir John Wylde (Chief Justice of the Cape Colony) and Thomas Wilde, 1st Baron Truro (Lord Chancellor) were his uncles. He was educated at Winchester College and Trinity College, Cambridge (matriculated 1834, graduated B.A. 1838, M.A. 1842). He was admitted to the Inner Temple in 1836, and called to the Bar in 1839. Legal career He became a successful lawyer himself and was appointed a Queen's Counsel in 1855. He was knighted in 1860, shortly after his appointment as a Baron of the Exchequer.Sir John Sainty ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2004 In Canadian Case Law
4 (four) is a number, numeral and digit. It is the natural number following 3 and preceding 5. It is the smallest semiprime and composite number, and is considered unlucky in many East Asian cultures. In mathematics Four is the smallest composite number, its proper divisors being and . Four is the sum and product of two with itself: 2 + 2 = 4 = 2 x 2, the only number b such that a + a = b = a x a, which also makes four the smallest squared prime number p^. In Knuth's up-arrow notation, , and so forth, for any number of up arrows. By consequence, four is the only square one more than a prime number, specifically three. The sum of the first four prime numbers two + three + five + seven is the only sum of four consecutive prime numbers that yields an odd prime number, seventeen, which is the fourth super-prime. Four lies between the first proper pair of twin primes, three and five, which are the first two Fermat primes, like seventeen, which is the third. On the other hand, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2004 In LGBT History
This is a list of notable events in the history of LGBT rights that took place in the year 2004. Events January * 1 – Tasmanian laws come into effect recognising civil unions between same-sex couples. Tasmania becomes the first Australian state to enact such laws. * 8 – The New Jersey legislature passes a bill creating a domestic partnership status for same-sex couples, with many of the same legal rights as marriage. Governor James McGreevy signs the bill into law four days later, making New Jersey the fifth US state to offer such a status to same-sex couples. The law officially takes effect 180 days later. February * 4 – The Massachusetts Supreme Judicial Court answers the state's senate that the proposed civil unions will still violate the constitution by maintaining an inferior status of same-sex couples. * 6 – Bob Taft, governor of the U.S. state of Ohio, signs the state's Defense of Marriage Act which denies recognition of same-sex marriages, civil unions or dome ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Fifteen Charter Case Law
Section, Sectioning or Sectioned may refer to: Arts, entertainment and media * Section (music), a complete, but not independent, musical idea * Section (typography), a subdivision, especially of a chapter, in books and documents ** Section sign (§), typographical characters * Section (bookbinding), a group of sheets, folded in the middle, bound into the binding together * The Section (band), a 1970s American instrumental rock band * ''The Outpost'' (1995 film), also known as ''The Section'' * Section, an instrumental group within an orchestra * "Section", a song by 2 Chainz from the 2016 album ''ColleGrove'' * "Sectioning", a ''Peep Show'' episode * David "Section" Mason, a fictional character in '' Call of Duty: Black Ops II'' Organisations * Section (Alpine club) * Section (military unit) * Section (Scouting) Science, technology and mathematics Science * Section (archaeology), a view in part of the archaeological sequence showing it in the vertical plane * Section (bi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Same-sex Marriage In Canada
Same-sex marriage in Canada was progressively introduced in several provinces by court decisions beginning in 2003 before being legally recognized nationwide with the enactment of the ''Civil Marriage Act'' on July 20, 2005. On June 10, 2003, the Court of Appeal for Ontario issued a decision immediately legalizing same-sex marriage in Ontario, thereby becoming the first province where it was legal. The introduction of a federal gender-neutral marriage definition made Canada the fourth country in the world, and the first country outside Europe, to legally recognize same-sex marriage throughout its borders. Before the federal recognition of same-sex marriage, court decisions had already introduced it in eight out of ten provinces in the country and one of three territories, whose residents collectively made up about 90 percent of Canada's population. More than 3,000 same-sex couples had already married in those areas before the ''Civil Marriage Act'' was passed. Most legal benefits ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian LGBT Rights 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] |
Canadian Freedom Of Religion 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 e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Living Tree Doctrine
In Canadian law, the living tree doctrine () is a doctrine of constitutional interpretation that says that a constitution is organic and must be read in a broad and progressive manner so as to adapt it to the changing times. Concept The living tree doctrine has been deeply entrenched into Canadian constitutional law since the seminal constitutional case of '' Edwards v Canada (Attorney General)'', also widely known as the ''Persons Case'', wherein Viscount Sankey stated in the 1929 decision: "The British North America Act planted in Canada a living tree capable of growth and expansion within its natural limits." This is known as the doctrine of progressive interpretation. This means that the Constitution cannot be interpreted in the same way as an ordinary statute. Rather, it must be read within the context of society to ensure that it adapts and reflects changes. If constitutional interpretation adheres only to the framers' intent and remains rooted in the past, the Constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Marriage Act
The ''Civil Marriage Act'' is a federal statute legalizing same-sex marriage across Canada. At the time it became law, same-sex marriage had already been legalized by court decisions in all Canadian jurisdictions except Alberta, Prince Edward Island, the Northwest Territories, and Nunavut. It was introduced as Bill C-38 in the first session of the 38th Canadian Parliament on February 1, 2005. It passed the House of Commons on June 28, 2005, and the Senate on July 19, 2005. The Act became law when it received Royal Assent on July 20, 2005. As with all federal legislation in Canada, the Act is written in both French and English. Both versions have equal authority. The French title is . Outline of the Act This is the Act's official legislative summary: :''This enactment extends the legal capacity for marriage for civil purposes to same-sex couples in order to reflect values of tolerance, respect and equality, consistent with the Canadian Charter of Rights and Freedoms. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
