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Reference Re Firearms Act
''Reference Re Firearms Act'' is a leading constitutional decision of the Supreme Court of Canada on the division of powers regarding firearms legislation and the Canadian Firearms Registry. A unanimous Court held that the federal ''Firearms Act'' was constitutionally valid under the federal criminal law power. Background In 1995, the Parliament of Canada passed the ''Firearms Act'', which required owners of rifles and shotguns to register them, and to obtain possession licences for them. (Handgun registration was already required by federal law.) The government stated that the law was passed under the authority of the federal government's criminal law power. The ''Firearms Act'' was closely integrated with the federal ''Criminal Code'', so that failures to comply with the requirements of the former could in some cases be prosecuted as offences under the latter. The government of Alberta submitted a reference question to the Alberta Court of Appeal to determine whether the A ... [...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] |
Alberta Court Of Appeal
The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Canadian appellate court. Jurisdiction and hierarchy within Canadian courts The court is the highest in Alberta, Canada. It hears appeals from the Alberta Court of King's Bench, the Provincial Court of Alberta, and administrative boards and tribunals, as well as references from the Lieutenant Governor in Council (essentially the Alberta Cabinet). Some administrative appeals may bypass the Court of King's Bench, commonly orders made by professional discipline boards under the ''Medical Profession Act'', the ''Legal Profession Act'', but also under the ''Energy Resources Conservation Act''. Appeals from the Court of Appeal lie with the Supreme Court of Canada, Canada's court of last resort. Other than certain criminal matters, appeals to the Supreme Court of Canada are heard only by leave of that court. Since the Supreme Court denies leave in most cases, the Court of Appeal is th ... [...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] |
Canadian Firearms 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] |
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 ... [...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] |
Gun Politics In Canada
Firearms in Canada are federally regulated through the ''Firearms Act'' and related provisions of the ''Criminal Code''. Regulation is largely about licensing and registration of firearms, including air guns with a muzzle velocity of more than and muzzle energy greater than . Handgun registration became law in 1934, and automatic firearms registration was added in 1951. In 1969, laws classified firearms as "non-restricted," "restricted," and "prohibited." Starting in 1979, people who wished to acquire firearms were required to obtain a firearms acquisition certificate (FAC) from their local police agency. From 1995 to 2012, all firearms owners were required to possess a firearms licence—either a possession and acquisition licence (PAL), a possession-only licence (POL), a FAC, or a minor's licence—and all firearms were required to be registered. In April 2012, the Parliament of Canada enacted the ''Ending the Long-gun Registry Act'' to eliminate the requirement to register no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec (AG) V Canada (AG)
is a Canadian constitutional law case concerning the federal government's ability to destroy information related to the Canadian long-gun registry pursuant to the federal criminal law power. Background In 1995, Parliament passed the ''Firearms Act'', which required long gun owners to register their guns. The Supreme Court found that the ''Act'' was within the federal criminal law power. In 2012, Parliament repealed the requirement to register long guns through the ''Ending the Long-gun Registry Act'' (''ELRA'') and sought to delete the information in its registry. The province of Quebec, wishing to create and maintain its own long gun registry, requested that the federal government share the data it had collected about Quebec long gun owners. When the federal government declined to share the information, Quebec argued that section 29 of the ''ELRA'', the provision disbanding the long gun registry, was beyond the powers of the federal government. At trial in the Superior Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Margarine Reference
''Reference Re Validity of Section 5(a) of the Dairy Industry Act'' (1949), also known as the ''Margarine Reference'' or as ''Canadian Federation of Agriculture v Quebec (AG)'', is a leading ruling of the Supreme Court of Canada, upheld on appeal to the Judicial Committee of the Privy Council, on determining if a law is within the authority of the Parliament of Canada's powers relating to criminal law. In this particular case, the Court found that a regulation made by Parliament was ''ultra vires''. Though the regulation contained sufficient punitive sanctions, the subject matter contained within it was not the kind that served a public purpose. The case was decided by the Judicial Committee of the Privy Council on appeal from the Supreme Court of Canada, as the cause for appeal arose before the abolition of such appeals in 1949. The decision by Rand J was upheld in 1951, and the case has been cited in federalism disputes many times since. Background Under Section 91(27) of th ... [...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] |
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] |
Criminal Law Power
Section 91(27) of the ''Constitution Act, 1867'', also known as the criminal law power, grants the Parliament of Canada the authority to legislate on: Scope of the federal power Section 91(27) is by and large the broadest of the enumerated powers allocated to the federal government. As noted by Estey J. in '' Scowby v. Glendinning'': History and jurisprudence The meaning of the phrase "criminal law" was historically a matter of debate. It was first defined by Lord Haldane of the Judicial Committee of the Privy Council, writing in the opinion for the Board of Commerce case, as that area: In ''Proprietary Articles Trade Association v. Attorney General of Canada'', Lord Atkin, writing for the Council, rejected this interpretation: The modern interpretation was articulated by Rand J. in the Margarine Reference where the Court stated: Therefore, the following must be met for a law to be criminal in nature: The issues relating to prohibitions and penalties can be ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
