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Radio Reference
''Quebec (AG) v Canada (AG)'', also known as the ''Radio Reference'', is a decision of the Judicial Committee of the Privy Council that determined that broadcasting fell within the jurisdiction of the Parliament of Canada under the '' British North America Act, 1867''. Background When the '' British North America Act, 1867'' was originally drafted, broadcasting had not yet been invented. By the 1920s, Canada had already entered into international agreements on the subject, and there was intense debate as to which level of government in Canada had jurisdiction to regulate this field. Quebec decided to pose reference questions to its appellate court on the matter, and the federal government decided to preempt that hearing by posing the following questions to the Supreme Court of Canada: # Has the Parliament of Canada jurisdiction to regulate and control radio communication, including the transmission and reception of signs, signals, pictures and sounds of all kinds by means of ...
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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 ...
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Telegraph
Telegraphy is the long-distance transmission of messages where the sender uses symbolic codes, known to the recipient, rather than a physical exchange of an object bearing the message. Thus flag semaphore is a method of telegraphy, whereas pigeon post is not. Ancient signalling systems, although sometimes quite extensive and sophisticated as in China, were generally not capable of transmitting arbitrary text messages. Possible messages were fixed and predetermined and such systems are thus not true telegraphs. The earliest true telegraph put into widespread use was the optical telegraph of Claude Chappe, invented in the late 18th century. The system was used extensively in France, and European nations occupied by France, during the Napoleonic era. The electric telegraph started to replace the optical telegraph in the mid-19th century. It was first taken up in Britain in the form of the Cooke and Wheatstone telegraph, initially used mostly as an aid to railway signalling. Th ...
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1932 In Canadian Case Law
Year 193 ( CXCIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sosius and Ericius (or, less frequently, year 946 ''Ab urbe condita''). The denomination 193 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * January 1 – Year of the Five Emperors: The Roman Senate chooses Publius Helvius Pertinax, against his will, to succeed the late Commodus as Emperor. Pertinax is forced to reorganize the handling of finances, which were wrecked under Commodus, to reestablish discipline in the Roman army, and to suspend the food programs established by Trajan, provoking the ire of the Praetorian Guard. * March 28 – Pertinax is assassinated by members of the Praetorian Guard, who storm the imperial palace. The Empire is auctioned off ...
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Judicial Committee Of The Privy Council Cases On Appeal From Canada
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ...
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Canadian Federalism 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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Internet Service Provider
An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privately owned. Internet services typically provided by ISPs can include Internet access, Internet transit, domain name registration, web hosting, Usenet service, and colocation. An ISP typically serves as the access point or the gateway that provides a user access to everything available on the Internet. Such a network can also be called as an eyeball network. History The Internet (originally ARPAnet) was developed as a network between government research laboratories and participating departments of universities. Other companies and organizations joined by direct connection to the backbone, or by arrangements through other connected companies, sometimes using dialup tools such as UUCP. By the late 1980s, a process was set in place towa ...
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Capital Cities Communications V
Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the durable produced goods used for further production *Economic capital * Financial capital, an economic resource measured in terms of money *Capital (Marxism), a central concept in Marxian critique of political economy *Capital good *Natural capital *Public capital *Human capital *Instructional capital *Social capital Architecture and buildings * Capital (architecture), the topmost member of a column or pilaster * Capital (fortification), a proportion of a bastion * The Capital (building), a commercial building in Mumbai, India Arts, entertainment and media Literature Books * ''Das Kapital'' ('Capital: Critique of Political Economy'), a foundational theoretical text by Karl Marx * '' Capital: The Eruption of Delhi'', a 2014 book by Rana Dasgupta * ''Capital'' (novel ...
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In Re Regulation And Control Of Aeronautics In Canada
''Canada (AG) v Ontario (AG)'', also known as ''In re the Regulation and Control of Aeronautics in Canada'' and the ''Aeronautics Reference'', is a decision of the Judicial Committee of the Privy Council on the interpretation of the Canadian Constitution. Lord Sankey decided in the case that the federal government has the authority to govern the subject of aeronautics, including licensing of pilots, aircraft, and commercial services and regulations for navigation and safety. Background As part of the negotiations at the Paris Peace Conference, the Paris Convention of 1919 set up an international framework for regulation of aerial navigation. It was drawn up and signed by all parties, including Canada. It was ratified on behalf of the British Empire in 1922, and the Parliament of Canada subsequently passed legislation on the matter. In a federal-provincial conference in 1927, questions were raised as to whether there really was federal jurisdiction to regulate this field. The ...
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Works And Undertakings
Section 92(10) of the ''Constitution Act, 1867'', also known as the works and undertakings power, grants the provincial legislatures of Canada unless otherwise noted in section (c), the authority to legislate on: Section 92(10)(a) and (b) grants federal jurisdiction over modes of interprovincial and international transportation and communication, leaving intraprovincial transportation and communication to the provinces. The legal interpretation ''ejusdem generis'' limits the scope of the exceptions to subsection 92(10). The declaratory power conferred to the federal parliament under 92(10) c) however, applies to works of all types. The Parliament of Canada exercises authority over these three matters under section 91(29), which states: Extent of jurisdiction The Judicial Committee of the Privy Council held that: * "These works are physical things not services." * "'Undertaking' is not a physical thing but is an arrangement under which of course physical things are used."''Rad ...
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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, 1867'', together with the federal power of peace, order and good government and the provincial power over matters of a local or private nature in the province. Extent Provincial jurisdiction over property and civil rights embraces all private law transactions, which includes virtually all commercial transactions. Note that "civil rights" in this context does not refer to civil rights in the more modern sense of political liberties. Rather, it refers to private rights enforceable through civil courts. This power is generally balanced against the federal trade and commerce power and criminal law power. With respect to the former, In the ''Insurance Reference'', Viscount Haldane noted that: It is the most powerful and expansive of th ...
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John Henderson Lamont
John Henderson Lamont (November 12, 1865 – March 10, 1936) was a Canadian lawyer, politician, and Justice of the Supreme Court of Canada. Born in Horning's Mills, Canada West (now Ontario), the son of Duncan Carmichael Lamont and Margaret Robson Henderson, he received a Bachelor of Arts degree in 1892 and a Bachelor of Law degree in 1893 from the University of Toronto. In 1893, he was called to the Bar of Ontario. Career He practised law in Toronto until 1899 when he moved to Prince Albert, Northwest Territories (now Saskatchewan) and co-founded a law firm. In 1902, he became a Crown Prosecutor. In 1904, he was elected as a Liberal candidate to the House of Commons of Canada representing the riding of Saskatchewan (Provisional District), Northwest Territories. In this election he defeated Conservative Thomas McKay who had been elected first mayor of Prince Albert in the 1880s. He resigned on September 5, 1905 and was elected as a Liberal to represent the dis ...
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Thibaudeau Rinfret
Thibaudeau Rinfret (June 22, 1879 – July 25, 1962) was a Canadian jurist and the ninth Chief Justice of Canada and Administrator of Canada in 1952. Early life Rinfret was born in Montreal in 1879, the son of François-Olivier Rinfret and Albina Pominville. He was the brother of Fernand Rinfret, Liberal politician who became Mayor of Montreal, and brother of Charles Rinfret, a prominent Montreal businessman. Professional career Rinfret studied law at the Université Laval à Montréal, Faculté de droit and McGill University and was called to the Bar of Quebec in 1901. He was appointed to the Quebec Superior Court in 1922 and to the Supreme Court of Canada in 1924. Rinfret became Chief Justice on January 8, 1944, and served until his retirement on June 22, 1954. During his term as Chief Justice, Canada ended appeals to the Judicial Committee of the Privy Council making the Supreme Court of Canada the final court of appeal in Canadian jurisprudence. Rinfret was Administ ...
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