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Re Upper Churchill Water Rights Reversion Act
''Reference Re Upper Churchill Water Rights Reversion Act (Nfld)'' 9841 S.C.R. 297 is a famous constitutional reference question put to the Supreme Court of Canada. The Court found that legislation passed by the government of Newfoundland to take back water rights contracted out to the province of Quebec was unconstitutional. The decision had a huge impact on both provinces, as the Churchill Falls generating station is one of the biggest producers of hydro-electric power in the region and the agreement guarantees Quebec will receive a majority of the revenue from the Falls until 2034. Background By an Act of the Province of Newfoundland, the Churchill Falls (Labrador) Corporation (CFLCo) developed hydro-electric generators at the Churchill Falls, in Labrador. In 1969, the company, controlled by the British Newfoundland Development Corporation (BRINCO) entered an agreement with Hydro-Québec, a public utility owned by the government of Quebec, to sell a large majority of the power gen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Newfoundland Court Of Appeal
The Court of Appeal of Newfoundland and Labrador is at the top of the hierarchy of courts for the Canadian province of Newfoundland and Labrador. The Court of Appeal derives its powers and jurisdiction from the Court of Appeal Act. The independent Court of Appeal was established in 2018 and comprises the Chief Justice and five other justices. At any given time there may be one or more additional justices who sit as supernumerary justices. From 1975 until 2018 the Court of Appeal was constituted as the appeal division of the Supreme Court of Newfoundland and Labrador with judges appointed specifically to hear appeals from the Trial Division of the Supreme Court. Prior to 1975 both trial and appeals were carried out in the Supreme Court, where the individual judges routinely acted as a trial judges but, in the event of an appeal, would sit together (en banc) to hear it. The Court now hears appeals of all type from the Supreme Court of Newfoundland and Labrador's General Division an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of Newfoundland
The Government of Newfoundland and Labrador refers to the provincial government of the province of Newfoundland and Labrador. It was established by the Newfoundland Act and its powers and structure are set out in the Constitution Act, 1867. Lieutenant-Governor of Newfoundland and Labrador This arrangement began with the 1949 Newfoundland Act, and continued an unbroken line of monarchical government extending back to the late 15th century. However, though Newfoundland and Labrador has a separate government headed by the Queen, as a province, Newfoundland and Labrador is not itself a kingdom. Government House in St. John's is used both as an official residence by the Lieutenant Governor, as well as the place where the sovereign and other members of the Canadian Royal Family will reside when in Newfoundland and Labrador. The mansion is owned by the sovereign in his capacity as King in Right of Newfoundland and Labrador, and not as a private individual; the house and other Crow ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Water In Canada
Water supply and sanitation in Canada is nearly universal and generally of good quality, but a lack of clean drinking water in many First Nations communities remains a problem. Water use in Canada is high compared to Europe, since water tariffs are low and 44% of users are not metered. Despite a commitment by the federal government to promote increased cost recovery, only 50% of the cost of maintaining and operating water infrastructure is actually being recovered from users through tariffs, the rest being financed through taxes. Access and service quality Access to water supply in Canada is nearly universal. Concerning sanitation, nearly 75% of Canadians are serviced by municipal sewer systems. The remaining 25 percent of the Canadian population is served by septic disposal systems. Service quality Water supply Canada is surrounded on three sides by the Pacific, Arctic and Atlantic oceans and has over 243,000 km of coastline. This, combined with the characteristics ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Water Case Law
Water (chemical formula ) is an Inorganic compound, inorganic, transparent, tasteless, odorless, and Color of water, nearly colorless chemical substance, which is the main constituent of Earth's hydrosphere and the fluids of all known living organisms (in which it acts as a solvent). It is vital for all known forms of life, despite not providing food energy, food, energy or organic micronutrients. Its chemical formula, H2O, indicates that each of its molecules contains one oxygen and two hydrogen atoms, connected by covalent bonds. The hydrogen atoms are attached to the oxygen atom at an angle of 104.45°. "Water" is also the name of the liquid state of H2O at standard temperature and pressure. A number of natural states of water exist. It forms precipitation in the form of rain and aerosols in the form of fog. Clouds consist of suspended droplets of water and ice, its solid state. When finely divided, crystalline ice may precipitate in the form of snow. The gaseous state of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1984 In Canadian Case Law
Events January * January 1 – The Bornean Sultanate of Brunei gains full independence from the United Kingdom, having become a British protectorate in 1888. * January 7 – Brunei becomes the sixth member of the Association of Southeast Asian Nations (ASEAN). * January 10 ** The United States and the Vatican City, Vatican (Holy See) restore full diplomatic relations. ** The Victoria, Seychelles, Victoria Agreement is signed, institutionalising the Indian Ocean Commission. *January 24 – Steve Jobs launches the Macintosh 128K, Macintosh personal computer in the United States. February * February 3 ** Dr. John Buster and the research team at Harbor–UCLA Medical Center announce history's first embryo transfer from one woman to another, resulting in a live birth. ** STS-41-B: Space Shuttle Challenger, Space Shuttle ''Challenger'' is launched on the 10th Space Shuttle mission. * February 7 – Astronauts Bruce McCandless II and Robert L. Stewart make the first untethered spac ... [...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] |
Newfoundland And Labrador Hydro
Newfoundland and Labrador Hydro (NL Hydro), commonly known as Hydro, is a provincial Crown corporation that generates and delivers electricity for Newfoundland and Labrador, as well as portions of Quebec and the north-eastern areas of the United States. Since 2007, Hydro has been a subsidiary of the provincial Crown-owned energy holding company Nalcor Energy. Newfoundland and Labrador Hydro's installed generating capacity, 8034 megawatts (MW), is the fourth largest of all utility companies in Canada. Generating assets consist of 12 hydroelectric plants, including the Churchill Falls hydroelectric plant, which is the second largest underground power station in the world, with a rated capacity of 5,428 MW of power, one oil-fired plant, four gas turbines and 26 diesel plants. Every year, Hydro generates and transmits over 80% of the electrical energy consumed by Newfoundlanders and Labradorians – over 6,487 GWh of energy in 2004. Hydro also distributes power directly to 35,000 c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pith And Substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of government (be it provincial or federal) has encroached upon the exclusive jurisdiction of another level of government. The Constitution Act, 1867, which established a federal constitution for Canada, enumerated in Sections 91 and 92 the topics on which the Dominion and the Provinces could respectively legislate. Notwithstanding that the lists were framed so as to be fairly full and comprehensive, soon, it was found that the topics enumerated in the two sections overlapped, and the Privy Council repeatedly had to pass on the constitutionality of laws made by the federal and provincial legislatures. It was in this situation that the Privy Council evolved the doctrine that, for deciding whether an impugned legislation was ''intra vires'', ... [...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] |
Government Of Quebec
A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a means by which organizational policies are enforced, as well as a mechanism for determining policy. In many countries, the government has a kind of constitution, a statement of its governing principles and philosophy. While all types of organizations have governance, the term ''government'' is often used more specifically to refer to the approximately 200 independent national governments and subsidiary organizations. The major types of political systems in the modern era are democracies, monarchies, and authoritarian and totalitarian regimes. Historically prevalent forms of government include monarchy, aristocracy, timocracy, oligarchy, democracy, theocracy, and tyranny. These forms are not always mutually exclusive, and mixed govern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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