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Therrien (Re)
''Re Therrien'', 0012 S.C.R. 3, 2001 SCC 35, is a leading decision of the Supreme Court of Canada on judicial independence. Background In the 1970s, Richard Therrien was convicted of assisting four members of the Front de libération du Québec during the October Crisis. Once he was released he studied law and was eventually given a pardon. Years later he applied for a position on the Quebec bench as a judge. As part of his application he disclosed his criminal record and his pardon. He was rejected based on this history. Later he applied again, this time he did not reveal his criminal history and was accepted. Once the committee discovered the existence of a criminal history they got the Minister of Justice to issue a complaint to the Quebec Conseil de la magistrature. The Conseil found the complaint to be justified and recommended that he be removed from the bench. Therrien applied to have the decision of the Conseil to be judicially reviewed and challenged the constitutionality ... [...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] |
Judicial Independence
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers. Many countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Front De Libération Du Québec
The (FLQ) was a Marxist–Leninist and Quebec separatist guerrilla group. Founded in the early 1960s with the aim of establishing an independent and socialist Quebec through violent means, the FLQ was considered a terrorist group by the Canadian government. It conducted a number of attacks between 1963 and 1970,Reich, Walter. ''Origins of Terrorism''. 1998, page 88 which totaled over 160 violent incidents and killed eight people and injured many more. These attacks culminated with the Montreal Stock Exchange bombing in 1969 and the October Crisis in 1970, the latter beginning with the kidnapping of British Trade Commissioner James Cross. In the subsequent negotiations, Quebec Labour Minister Pierre Laporte was kidnapped and murdered by a cell of the FLQ. Public outcry and a federal crackdown subsequently ended the crisis and resulted in a drastic loss of support for the FLQ, with a small number of FLQ members being granted refuge in Cuba. FLQ members practiced propaganda of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
October Crisis
The October Crisis (french: Crise d'Octobre) refers to a chain of events that started in October 1970 when members of the Front de libération du Québec (FLQ) kidnapped the provincial Labour Minister Pierre Laporte and British diplomat James Cross from his Montreal residence. These events saw the Prime Minister Pierre Trudeau invoking the ''War Measures Act'' for the first time in Canadian history during peacetime. The Premier of Quebec, Robert Bourassa, and the Mayor of Montreal, Jean Drapeau, supported Trudeau's invocation of the ''War Measures Act'', which limited civil liberties and granted the police far-reaching powers, allowing them to arrest and detain 497 people. The Government of Quebec also requested military aid to support the civil authorities, with Canadian Forces being deployed throughout Quebec. Although negotiations led to Cross's release, Laporte was murdered by the kidnappers. The crisis affected the province of Quebec, Canada, especially the metropolitan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister Of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a very few countries) or a secretary of justice. In some countries, the head of the department may be called the attorney general, for example in the United States. Monaco is an example of a country that does not have a ministry of justice, but rather a Directorate of Judicial Services (head: Secretary of Justice) that oversees the administration of justice. Vatican City, a country under the sovereignty of the Holy See, also does not possess a ministry of justice. Instead, the Governorate of Vatican City State (head: President of the Governorate of Vatican City State), the legislative body of the Vatican, includes a legal office. Depending on the country, specific duties may relate to organizing the justice system, overseeing the public pros ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the am ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law. In parliamentary procedure using Robert's Rules of Order, a preamble consists of "Whereas" clauses that are placed before the resolving clauses in a resolution (formal written motion). However, preambles are not required to be placed in resolutions. According to Robert's Rules of Order, including such background information may not be helpful in passing the resolution. Legal effect While preambles may be regarded as unimportant introductory matter, their words may have effects that may not have been foreseen by their drafters. France In France, the preamble to the constitution of the Fifth Republic of 1958 was considered ancillary and therefore non-bin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''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 federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, 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 Parliament of the United Kingdom, British Parliament, including this Act, were renamed. Although, 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 ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Valente V R
''Valente v R'', 9852 S.C.R. 673 is a leading Supreme Court of Canada decision on protection of judicial independence under section 11(d) of the Canadian Charter of Rights and Freedoms. Background A Provincial Court of Ontario judge held that he could not decide a sentence appeal for a conviction of careless driving under the Ontario Highway Traffic Act because he was not in a position to judge whether he was independent, and a person charged with an offense has a right to an independent tribunal under section 11(d) of the Charter. (Upon review, appellate courts chose to interpret the judge's decision as holding that he was ''not'' sitting as an independent judge under the meaning of section 11(d) of the Charter). Section 11(d) had come into effect in 1982; until then, only higher-level judges were independent under the Constitution. The concern was that the judiciary was vulnerable to the influence of the executive of the government. Among the listed specific concerns were tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beauregard V Canada
''Beauregard v Canada'' 9862 S.C.R. 56 was a decision by the Supreme Court of Canada on judicial independence. Notably, the Court found that judicial independence is based partly in an unwritten constitution, and that some institutional independence is needed so that judges can guard the Constitution of Canada. These findings were repeated, with far-reaching consequences, in the ''Provincial Judges Reference'' (1997). Background The case concerned section 100 of the ''Constitution Act, 1867''. As part of a guarantee of judicial independence for federally appointed judges, the section provides that "The Salaries, Allowances, and Pensions of the Judges of the Superior, District, and County Courts (except the Courts of Probate in Nova Scotia and New Brunswick), and of the Admiralty Courts in Cases where the Judges thereof are for the Time being paid by Salary, shall be fixed and provided by the Parliament of Canada." A salary fixed by the Parliament of Canada was preferable to a sa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mackeigan V Hickman
''Mackeigan v Hickman'', 9892 S.C.R. 796 is a leading Supreme Court of Canada decision on judicial independence. The Court unanimously held that to require a federal judge to explain his or her decisions would violate the principle of judicial independence. Background Donald Marshall was an Aboriginal youth who was wrongly convicted of murder in 1971. In 1983, the federal government, on the basis of new evidence, referred the case to the Nova Scotia Court of Appeal who overturned the conviction. The panel which heard the reference included Justice Pace who was the Attorney General of Nova Scotia at the time of the investigation in 1971. At the end of the Court's judgement it was observed that Marshall was largely at fault for his own conviction by misleading the investigation and that "any miscarriage of justice was more apparent than real". This comment had a major effect on the amount of settlement Marshall received. In 1986, the Nova Scotia government established a royal co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Généreux
''R v Généreux'', 9921 S.C.R. 259 is a leading Supreme Court of Canada decision where the Court ruled that that the military court martial system must comply with the constitutional requirements for judicial independence under section 11(d) of the Canadian Charter of Rights and Freedoms. Background Michel Généreux was a corporal in the Canadian Forces. He was charged with drug possession for the purpose of trafficking in violation of section 4 of the ''Narcotics Control Act'' and for desertion in violation of section 88(1) of the ''National Defence Act''. In the General Court Martial he was convicted for both offences, which was upheld in the Court Martial Appeal Court. The issue before the Supreme Court was whether the General Court Martial was an independent and impartial tribunal under section 11(d) of the ''Charter''. Opinion of the Court The Court examined the requirements for judicial independence established in '' Valente v. The Queen'' 985 It was found that the judg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
