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Reference Re Secession Of Quebec
''Reference Re Secession of Quebec'', 9982 SCR 217 is a landmark judgment of the Supreme Court of Canada regarding the legality, under both Canadian and international law, of a unilateral secession of Quebec from Canada. Both the Quebec government and the Canadian government stated they were pleased with the Supreme Court's opinion, pointing to different sections of the ruling. Background Following the election of a majority of Parti Québécois (PQ) Members of the National Assembly (MNAs) in the 1976 Quebec provincial election, the party formed a government and, in 1980, held an independence referendum. The government of the Province of Quebec asked the province's population if it should seek a mandate to negotiate sovereignty for Quebec coupled with the establishment of a new political and economic union with Canada. The referendum resulted in the defeat of the sovereignty option, with 59.6% voting no on sovereignty. The PQ was nevertheless re-elected in 1981, this time promi ... [...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] |
Lucien Bouchard
Lucien Bouchard (; born December 22, 1938) is a Canadian lawyer, diplomat and retired politician. Minister for two years in the Mulroney cabinet, Bouchard then led the emerging Bloc Québécois and became Leader of the Opposition in the House of Commons of Canada from 1993 to 1996. He became a central figure for the "Yes" side in the 1995 Quebec referendum, alongside Jacques Parizeau, whom he succeeded to serve as the 27th premier of Quebec from January 29, 1996, to March 8, 2001. Early life Bouchard was born in Saint-Cœur-de-Marie, Québec, the son of Alice (née Simard) and Philippe Bouchard. His brother is the historian Gérard Bouchard. He practised law in Chicoutimi until 1985, while being given many charges as a public servant over the years: president of the arbitration committee for the education sector (1970 to 1976), prosecutor in chief for the commission for labour and industry (Cliche commission, 1974–75), and co-president of the study commission on the publi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Territorial Integrity
Territorial integrity is the principle under international law that gives the right to sovereign states to defend their borders and all territory in them of another state. It is enshrined in Article 2(4) of the UN Charter and has been recognized as customary international law. Conversely it states that imposition by force of a border change is an act of aggression. In recent years there has been tension between this principle and the concept of humanitarian intervention under Article 73.b of the United Nations Charter "to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement." History of territorial integrity As far back as the earliest written records known, there have been political units claiming a definite territory. Intrusion into these t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Factum
A brief (Old French from Latin "''brevis''", short) is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales (and other Commonwealth countries, e.g., Australia) the phrase refers to the papers given to a barrister when they are instructed. Language :Pre-Trial briefs are exchanged between parties at a date set during the pre-trial conference to argue matters under consideration before trial.Federal Rules of Civil Procedure 16(C)(2) :Trial briefs are presented at trial to resolve a disputed point of evidence. :Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. :: Merit briefs (or briefs on the merits) refers to briefs on the inherent rights and wrongs of a case, absent any emotional or technical biases :: Amicus briefs refer to briefs filed by persons not directly party to the case. These are often groups that have a direct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charter Of The United Nations
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council. The UN Charter mandates the UN and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion". As a charter and constituent treaty, its rules and obligations are binding on all members and supersede those of other treaties. During the Second World War, the Allies— formally known a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Political Question
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily refuse to address such matters. The idea of a political question is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has the authority to hear and decide a legal question, not a political one. Legal questions are deemed to be justiciable, while political questions are nonjusticiable.Huhn, Wilson R. ''American Constitutional Law Volume 1''. 2016. One scholar explained: A ruling of nonjusticiability, in the end, prevents the issue that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Act
The ''Supreme Court Act'' (the ''Act'') is an Act passed by the Parliament of Canada which established the Supreme Court of Canada. It was originally passed in 1875 as the ''Supreme and Exchequer Courts Act''. However, at the time, the Supreme Court was not the supreme authority on Canadian law, as Supreme Court cases could still be appealed to the Judicial Committee of the Privy Council. The ''Supreme Court Act'' is not a part of the Constitution of Canada but rather was merely within Parliament's ability to pass by virtue of section 101 of the ''Constitution Act, 1867''. The ''Act'' also was not named as part of the Constitution during patriation in 1982, although the Court itself is mentioned in the amending formula. As the Court is defined in a regular statute, it may be argued the Court could be abolished by an act of Parliament. However, in their decision in the Reference re Supreme Court Act, ss. 5 and 6, the Court ruled that certain sections of the ''Act'', like its comp ... [...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] |
Rule Of Law In The Constitution Of Canada
Rule or ruling may refer to: Education * Royal University of Law and Economics (RULE), a university in Cambodia Human activity * The exercise of political or personal control by someone with authority or power * Business rule, a rule pertaining to the structure or behavior internal to a business * School rule, a rule that is part of school discipline * Sport rule, a rule that defines how a sport is played * Game rule, a rule that defines how a game is played * Moral, a rule or element of a moral code for guiding choices in human behavior * Norm (philosophy), a kind of sentence or a reason to act, feel or believe * Rule of thumb, a principle with broad application that is not intended to be strictly accurate or reliable for every situation * Unspoken rule, an assumed rule of human behavior that is not voiced or written down * Slide rule, a mechanical analog computer Science * Rule of inference or transformation rule, a term in logic for a function which takes premi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amicus Curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
André Jolicoeur
André — sometimes transliterated as Andre — is the French and Portuguese form of the name Andrew, and is now also used in the English-speaking world. It used in France, Quebec, Canada and other French-speaking countries. It is a variation of the Greek name '' Andreas'', a short form of any of various compound names derived from ''andr-'' 'man, warrior'. The name is popular in Norway and Sweden. Cognate names Cognate names are: * Bulgarian: Andrei,[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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