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Winner V. S.M.T. (Eastern) Limited
''Winner v SMT (Eastern) Ltd'' is the last case of the Judicial Committee of the Privy Council that affected Canadian constitutional jurisprudence. The Supreme Court of Canada case, from which it arose, is also notable for summarizing the essence of Canadian citizenship. Background Israel Winner (operating as Mackenzie Coach Lines) operated a bus service between Boston and Glace Bay, Nova Scotia. In addition to authority granted by the Interstate Commerce Commission for that part of the service from Boston to Calais, Maine, he applied to the New Brunswick Motor Carrier Board for authority to operate his service in that province. The Board issued a permit, subject to the condition that Winner would not pick up or drop off any passengers within the province. S.M.T. (Eastern) Limited was a New Brunswick company that held a permit from the Board that entitled it to carry passengers from Saint Stephen, New Brunswick via Saint John to the Nova Scotia border. Winner contended that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1954 In Canadian Case Law
Events January * January 1 – The Soviet Union ceases to demand war reparations from West Germany. * January 3 – The Italian broadcaster RAI officially begins transmitting. * January 7 – Georgetown-IBM experiment: The first public demonstration of a machine translation system is held in New York, at the head office of IBM. * January 10 – BOAC Flight 781, a de Havilland Comet jet plane, disintegrates in mid-air due to metal fatigue, and crashes in the Mediterranean near Elba; all 35 people on board are killed. * January 12 – 1954 Blons avalanches, Avalanches in Austria kill more than 200. * January 15 – Mau Mau rebellion, Mau Mau leader Waruhiu Itote is captured in Kenya. * January 17 – In Socialist Federal Republic of Yugoslavia, Yugoslavia, Milovan Đilas, one of the leading members of the League of Communists of Yugoslavia, is relieved of his duties. * January 20 – The US-based National Negro Network is established, with 46 m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council Cases On Appeal From Canada
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 92(10) Of The Constitution Act, 1867
Section 92(10) of the ''Constitution Act, 1867'', also known as the works and undertakings power, grants the provincial legislatures of Canada unless otherwise noted in section (c), the authority to legislate on: Section 92(10)(a) and (b) grants federal jurisdiction over modes of interprovincial and international transportation and communication, leaving intraprovincial transportation and communication to the provinces. The legal interpretation ''ejusdem generis'' limits the scope of the exceptions to subsection 92(10). The declaratory power conferred to the federal parliament under 92(10) c) however, applies to works of all types. The Parliament of Canada exercises authority over these three matters under section 91(29), which states: Extent of jurisdiction The Judicial Committee of the Privy Council held that: * "These works are physical things not services." * "'Undertaking' is not a physical thing but is an arrangement under which of course physical things are used."''Radi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Radio Reference
''Quebec (AG) v Canada (AG)'', also known as the ''Radio Reference'', is a decision of the Judicial Committee of the Privy Council that determined that broadcasting fell within the jurisdiction of the Parliament of Canada under the ''British North America Act, 1867''. Background When the ''British North America Act, 1867'' was originally drafted, broadcasting had not yet been invented. By the 1920s, Canada had already entered into international agreements on the subject, and there was intense debate as to which level of government in Canada had jurisdiction to regulate this field. Quebec decided to pose reference questions to its appellate court on the matter, and the federal government decided to preempt that hearing by posing the following questions to the Supreme Court of Canada: # Has the Parliament of Canada jurisdiction to regulate and control radio communication, including the transmission and reception of signs, signals, pictures and sounds of all kinds by means of Her ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Outlawry
An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so that anyone was legally empowered to persecute Persecution is the systematic mistreatment of an individual or group by another individual or group. The most common forms are religious persecution, racism, and political persecution, though there is naturally some overlap between these terms ... or kill them. Outlawry was thus one of the harshest penalties in the legal system. In early Germanic law, the death penalty is conspicuously absent, and outlawing is the most extreme punishment, presumably amounting to a death sentence in practice. The concept is known from Roman law, as the status of ''homo sacer'', and persisted throughout the Middle Ages. A secondary meaning of outlaw is a person who systematically avoids capture by evasion and violence to deter capture. These meanings are related a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
A Fortiori
''Argumentum a fortiori'' (literally "argument from the stronger [reason]") (, ) is a form of Argumentation theory, argumentation that draws upon existing confidence in a proposition to argue in favor of a second proposition that is held to be Logical consequence, implicit in, and even more certain than, the first. Usage American usage In ''Garner's Modern American Usage'', Bryan A. Garner, Garner says writers sometimes use ''a fortiori'' as an adjective as in "a usage to be resisted". He provides this example: "Clearly, if laws depend so heavily on public acquiescence, the case of conventions is an ''a fortiori'' [read ''even more compelling''] one." Jewish usage ''A fortiori'' arguments are regularly used in Halakha, Jewish law under the name Talmudical hermeneutics#Kal va-chomer (קל וחומר), kal va-chomer, literally "mild and severe", the mild case being the one we know about, while trying to infer about the more severe case. Relation with Ancient Indian Logic In I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ivan Rand
Ivan Cleveland Rand (April 27, 1884 – January 2, 1969) was a Canadian lawyer, politician, academic, and justice of the Supreme Court of Canada. He has been described as 'probably the greatest judge in Canada's history'. Early life and career Born in Moncton, New Brunswick, the son of Nelson Rand and Minnie Turner, he received a Bachelor of Arts degree from Mount Allison University in 1909. In 1912, he received a Bachelor of Law degree from Harvard Law School. He was called to the bar of New Brunswick in 1912. From 1912 to 1920, he practiced law in Medicine Hat, Alberta. Returning to Moncton in 1920, he joined the Canadian National Railways as a counsel. In 1924, he was named Attorney General of New Brunswick and was a member of the Legislative Assembly of New Brunswick from February to June 1925. Judicial career On April 22, 1943, he was appointed to the Supreme Court of Canada on the recommendation of William Lyon Mackenzie King. During his tenure, Rand deliver ... [...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] |
Thibaudeau Rinfret
Thibaudeau Rinfret (June 22, 1879 – July 25, 1962) was a Canadian jurist and the ninth Chief Justice of Canada and Administrator of Canada in 1952. Early life Rinfret was born in Montreal in 1879, the son of François-Olivier Rinfret and Albina Pominville. He was the brother of Fernand Rinfret, Liberal politician who became Mayor of Montreal, and brother of Charles Rinfret, a prominent Montreal businessman. Professional career Rinfret studied law at the Université Laval à Montréal, Faculté de droit and McGill University and was called to the Bar of Quebec in 1901. He was appointed to the Quebec Superior Court in 1922 and to the Supreme Court of Canada in 1924. Rinfret became Chief Justice on January 8, 1944, and served until his retirement on June 22, 1954. During his term as Chief Justice, Canada ended appeals to the Judicial Committee of the Privy Council making the Supreme Court of Canada the final court of appeal in Canadian jurisprudence. Rinfret was Administ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
