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Section 92(14) Of The Constitution Act, 1867
Section 92(14) of the ''Constitution Act, 1867'', also known as the administration of justice power, grants the provincial legislatures of Canada the authority to legislate on: It has been considered to be one of the major sources of conflict concerning the interpretation of the Constitution of Canada. Nature and extent of jurisdiction Basic nature The ''Constitution Act, 1867'' divides the responsibility between the federal and provincial jurisdictions. Together with the grant under s. 92(14), s. 91(27) carves out "Procedure in Criminal Matters," while s. 96 requires the appointment of "the Judges of the Superior, District, and County Courts in each Province" to be done by the Governor General in Council, and s. 101 grants the Parliament of Canada the power to provide "for the Establishment of any additional Courts for the better Administration of the Laws of Canada." Within the Canadian constitutional context, it has been held that provincial jurisdiction includes matters ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Act, 1867
The ''Constitution Act, 1867'' ( 30 & 31 Vict. c. 3) (),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this act, were renamed. However, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources. The long title is "An Act for the Union of Canada, Nova Scotia and New Brunswick, and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queen's University At Kingston
Queen's University at Kingston, commonly known as Queen's University or simply Queen's, is a public university, public research university in Kingston, Ontario, Kingston, Ontario, Canada. Queen's holds more than of land throughout Ontario and owns Herstmonceux Castle in East Sussex, England. Queen's is organized into eight faculties and schools. The Church of Scotland established Queen's College in October 1841 via a royal charter from Queen Victoria. The first classes, intended to prepare students for the ministry, were held 7 March 1842, with 15 students and two professors. In 1869, Queen's was the first Canadian university west of the The Maritimes, Maritime provinces to admit women. In 1883, a women's college for medical education affiliated with Queen's University was established after male staff and students reacted with hostility to the admission of women to the university's medical classes. In 1912, Queen's ended its affiliation with the Presbyterian Church, and adopted ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's List of national legal systems, legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. Supporters of intellectual property laws often describe their main purpose as encouragin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General Of Canada
The asterisk ( ), from Late Latin , from Ancient Greek , , "little star", is a typographical symbol. It is so called because it resembles a conventional image of a heraldic star. Computer scientists and mathematicians often vocalize it as star (as, for example, in ''the A* search algorithm'' or ''C*-algebra''). An asterisk is usually five- or six-pointed in print and six- or eight-pointed when handwritten, though more complex forms exist. Its most common use is to call out a footnote. It is also often used to censor offensive words. In computer science, the asterisk is commonly used as a wildcard character, or to denote pointers, repetition, or multiplication. History The asterisk was already in use as a symbol in ice age cave paintings. There is also a two-thousand-year-old character used by Aristarchus of Samothrace called the , , which he used when proofreading Homeric poetry to mark lines that were duplicated. Origen is known to have also used the asteriskos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Re Residential Tenancies Act (Ontario)
''Reference Re Residential Tenancies Act (Ontario)'', [1981] 1 S.C.R. 714 is a leading Supreme Court of Canada decision on the jurisdiction of superior courts provided by section 96 of the ''Constitution Act, 1867''. The Court formulated a three-step test for determining whether an administrative body was encroaching upon the jurisdiction of the superior courts. Test formulated by Court Justice Dickson, writing for the majority, suggested the test. # Firstly, it must be determined "whether the power or jurisdiction conforms to the power or jurisdiction exercised by superior, district or county courts at the time of Confederation." # Secondly, the test asks "whether the function itself is different when viewed in that setting. In particular, can the function still be considered to be a 'judicial' function." # Thirdly, the test asks the court to "review the tribunal's function as a whole in order to appraise the impugned function in its entire institutional context."p. 735 In this ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Winding-Up And Restructuring Act
The ''Winding-up and Restructuring Act'' (, WURA) is a statute of the Parliament of Canada that provides for the winding up of certain corporations and the restructuring of financial institutions. It was passed in 1985, and has been amended since. Predecessors of the act date back to 1882. History Following the 1880 repeal of Canadian insolvency law at the federal level, the Parliament of Canada returned to the field in 1882, passing legislation "for the purpose of winding-up insolvent banks, and insolvent trading companies," known as ''An Act respecting Insolvent Banks, Insurance Companies, Loan Companies, Building Societies and Trading Corporations''. Until the passage of the ''Bankruptcy Act'' in 1919, it was the only federal statute governing insolvency, and it only extended to corporations. The 1919 Act covered individuals and corporations, so corporations were given a choice as to how to proceed with the liquidation of their affairs. In 1899, provision was made for comprom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Companies' Creditors Arrangement Act
The ''Companies' Creditors Arrangement Act'' (CCAA; ) is a statute of the Parliament of Canada that allows insolvent corporations owing their creditors in excess of $5 million to restructure their businesses and financial affairs. The CCAA within the Canadian insolvency regime In 1990, the British Columbia Court of Appeal discussed the background behind the introduction of the CCAA in one of its rulings: The Supreme Court of Canada did not have a chance to explain the nature of the CCAA until the groundbreaking case of '' Century Services Inc. v. Canada (Attorney General)'' in 2010. In that case, the Court gave a detailed explanation of the nature of insolvency law in Canada. The '' Bankruptcy and Insolvency Act'' (BIA) provides a more rules-based approach for resolving a corporate debtor's insolvency, which must be observed strictly. The CCAA, on the other hand, provides a more discretionary approach that is remedial in nature, which therefore must be broadly construed. Al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankruptcy And Insolvency Act
The ''Bankruptcy and Insolvency Act'' (BIA; ) is one of the statutes that regulates the law on bankruptcy and insolvency in Canada. It governs bankruptcies, consumer and commercial proposals, and receiverships in Canada. It also governs the Office of the Superintendent of Bankruptcy, a federal agency responsible for ensuring that bankruptcies are administered in a fair and orderly manner. Purpose and scope The nature of the ''Act'' within Canada's legal framework governing insolvency was described by the Supreme Court of Canada in '' Century Services Inc. v. Canada (Attorney General)'': With certain exceptions, the ''Act'' covers a wide range of entities: :* it covers anyone who has resided or carried on business in Canada :* it "includes a partnership, an unincorporated association, a corporation, a cooperative society or a cooperative organization, the successors of a partnership, of an association, of a corporation, of a society or of an organization and the heirs, execu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insolvency
In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet insolvency. Cash-flow insolvency is when a person or company has enough assets to pay what is owed, but does not have the appropriate form of payment. For example, a person may own a large house and a valuable car, but not have enough liquid assets to pay a debt when it falls due. Cash-flow insolvency can usually be resolved by negotiation. For example, the bill collector may wait until the car is sold and the debtor agrees to pay a penalty. Balance-sheet insolvency is when a person or company does not have enough assets to pay all of their debts. The person or company might enter bankruptcy, but not necessarily. Once a loss is accepted by all parties, negotiation is often able to resolve the situation without bankruptcy. A company ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Election Petition
An election is a formal group decision-making process whereby a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operated since the 17th century. Elections may fill offices in the legislature, sometimes in the executive and judiciary, and for regional and local government. This process is also used in many other private and business organizations, from clubs to voluntary association and corporations. The global use of elections as a tool for selecting representatives in modern representative democracies is in contrast with the practice in the democratic archetype, ancient Athens, where the elections were considered an oligarchic institution and most political offices were filled using sortition, also known as allotment, by which officeholders were chosen by lot. Electoral reform describes the process of introducing fair electoral systems where the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wishart Spence
Wishart Flett Spence (March 9, 1904 – April 16, 1998) was a puisne justice of the Supreme Court of Canada. Born in Toronto, Ontario, the son of James Houston Spence and Margaret Hackland, Spence graduated from the University of Toronto Schools. He then received a Bachelor of Arts degree in political science from the University of Toronto in 1925, studied law at Osgoode Hall Law School, where he received the gold medal for finishing first in his class, and was called to the Ontario Bar in 1928. In 1929, Spence received his Masters of Law from Harvard Law School. Spence practised law in Toronto and was a part-time lecturer at Osgoode Hall. In 1950, he was appointed to the High Court of Justice of Ontario. On May 30, 1963, Spence was appointed to the Supreme Court. In 1966, he chaired the royal commission investigating the Munsinger Affair, which involved allegations that an East German spy had been sleeping with Canadian Cabinet ministers. Spence criticised the way the Di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
