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Sierra Club Of Canada V Canada (Minister Of Finance)
''Sierra Club of Canada v Canada (Minister of Finance)'' is a Supreme Court of Canada decision, which was reached in 2002, when a Non-Governmental Organization (or "NGO") sought judicial review of the federal government’s decision to provide financial assistance to a Crown corporation (in this case, for the sale of nuclear reactors and construction thereof). The Crown corporation requested a confidentiality order in respect of certain documents, and the NGO contested the request. The proper analytical approach to be applied to exercise of judicial discretion where a litigant seeks confidentiality order is now known as the Sierra Club test. The deleterious effects of granting a confidentiality order include a negative effect on the open court principle were noted by Iacobucci J. but they were outweighed by the salutary effects of the grant. The case is also known as ''Atomic Energy of Canada Limited v. Sierra Club of Canada''. [...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] |
Crown Corporation
A state-owned enterprise (SOE) is a government entity which is established or nationalised by the ''national government'' or ''provincial government'' by an executive order or an act of legislation in order to earn profit for the government, control monopoly of the private sector entities, provide products and services to citizens at a lower price and for the achievement of overall financial goals & developmental objectives in a particular country. The national government or provincial government has majority ownership over these ''state owned enterprises''. These ''state owned enterprises'' are also known as public sector undertakings in some countries. Defining characteristics of SOEs are their distinct legal form and possession of financial goals & developmental objectives (e.g., a state railway company may aim to make transportation more accessible and earn profit for the government), SOEs are government entities established to pursue financial objectives and devel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nuclear Reactors
A nuclear reactor is a device used to initiate and control a fission nuclear chain reaction or nuclear fusion reactions. Nuclear reactors are used at nuclear power plants for electricity generation and in nuclear marine propulsion. Heat from nuclear fission is passed to a working fluid (water or gas), which in turn runs through steam turbines. These either drive a ship's propellers or turn electrical generators' shafts. Nuclear generated steam in principle can be used for industrial process heat or for district heating. Some reactors are used to produce isotopes for medical and industrial use, or for production of weapons-grade plutonium. , the International Atomic Energy Agency reports there are 422 nuclear power reactors and 223 nuclear research reactors in operation around the world. In the early era of nuclear reactors (1940s), a reactor was known as a nuclear pile or atomic pile (so-called because the graphite moderator blocks of the first reactor were placed into a tall pi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Confidentiality Order
Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access or places restrictions on certain types of information. Legal confidentiality By law, lawyers are often required to keep confidential anything pertaining to the representation of a client. The duty of confidentiality is much broader than the attorney–client evidentiary privilege, which only covers ''communications'' between the attorney and the client. Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about their cases. This way, lawyers can carry out their duty to provide clients with zealous representation. Otherwise, the opposing side may be able to surprise the lawyer in court with something he did not know about his client, which may weaken the client's position. Also, a distrustful client might hide a relevant fact he thinks is incriminating, but that a skilled lawyer could turn to the client's advanta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Discretion
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond constraints set down by legislation, by binding precedent, or by a constitution, the court may be abusing its discretion and undermining the rule of law. In that case, the decision of the court may be ''ultra vires'', and may sometimes be characterized as judicial activism. In 1824, US Chief Justice John Marshall wrote the following on this subject: Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Open Court Principle
The open court principle requires that court proceedings presumptively be open and accessible to the public and to the media. In contrast, ''in camera'' describes court proceedings where the public and press are not allowed to observe the procedure or process. Canada Purpose The virtues of openness were discussed by the Supreme Court of Canada in ''A.G. Nova Scotia v. MacIntyre'' which quoted eighteenth-century philosopher Jeremy Bentham: :In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial. According to the Supreme Court of Canada in ''Vancouver Sun (Re)'', the open court principle enhances the public's confidence in th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frank Iacobucci
Frank Iacobucci (born June 29, 1937) is a former Puisne Justice of the Supreme Court of Canada from 1991 until his retirement from the bench in 2004. He was the first Italian-Canadian, allophone judge on the court. Iacobucci was also the first judge on the Supreme Court to have been born, raised and educated in British Columbia. Iacobucci has had a distinguished career in private practice, academia, the civil service and the judiciary. Before his elevation to the nation's top court, he was a tenured professor of law at the University of Toronto Faculty of Law for eighteen years, and was appointed dean of the faculty in 1979. From 1985 to 1988, he served as the Deputy Attorney General of Canada, playing a key role in constitutional law negotiations during the Meech Lake Accord process. Prime Minister Brian Mulroney appointed him Chief Justice of the Federal Court of Canada in 1988. As a former private corporate lawyer, he is considered an expert in business and tax law. He c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the ke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dagenais V Canadian Broadcasting Corp
''Dagenais v Canadian Broadcasting Corp'', 9943 S.C.R. 835 is the leading Supreme Court of Canada decision on publication bans and their relation to the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms. It was held that judges have a common law discretionary authority to impose publication bans on information revealed in a criminal trial. The judge, however, must weigh competing rights, such as freedom of expression and right to a fair trial, to mizzen the violation of rights. It was further held that the media has a right to appeal a decision of a publication ban. Background Four former and present members of the Christian Brothers, a Catholic order, were charged with sexual abuse of young boys while they were teachers at an Ontario Catholic school. During their trial the Canadian Broadcasting Corporation produced a dramatic mini-series, based on another sexual abuse scandal at Mount Cashel Orphanage, named '' The Boys of St. Vince ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Mentuck
''R v Mentuck'' is a 2001 criminal case in Canada which led to changes in undercover police procedure and how to interrogate suspects. Overview Clayton Mentuck, a native lad, was accused of killing a 14 year old teenager, Amanda Cook, in 1996. His first murder trial ended with a stay of proceedings in April 1998 after the trial judge ruled that certain statements, because police had violated his Charter rights, could not be heard by the jury. In April 1998 lawyers revealed that a tape of Mr. Mentuck's police interrogation had been doctored, causing Mr Justice John A. Menzies of the Court of Queen's Bench of Manitoba to issue the stay. The conduct of the RCMP was questioned by the defence in the second trial because of the procedure that was employed to obtain Mentuck's confession, now known as Mr. Big (police procedure). After the first trial had ended in a hung jury, Mentuck denied the murder was his at least a dozen times to an undercover officer (aka "Mr Big") but he finally ... [...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] |
