Walter V Alberta (AG)
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Walter V Alberta (AG)
''Walter v Alberta (AG)'', 969S.C.R. 383 is a famous decision of the Supreme Court of Canada. The Court upheld the Albertan provincial ''Communal Properties Act'' of 1955, which among other things, restricted the amount of land that could be owned by Hutterites and Doukhobors. The Act required that those wishing to use land for communal colonies must first obtain the permission of the provincial government. It was intended to restrict communal use of land, but had the effect of discriminating against religious groups. Paul Walter, not a Hutterite, wished to sell his land to a group of Hutterites and was prevented from doing so by the ''Communal Properties Act''. The plaintiffs argued that the Act was "colourable" legislation (i.e. law that had a hidden purpose), and that its true purpose concerned freedom of religion, which is a matter within the exclusive jurisdiction of the federal government. The Court unanimously upheld the Act. The pith and substance of the Act, the Court said ...
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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 ...
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Hutterite
Hutterites (german: link=no, Hutterer), also called Hutterian Brethren (German: ), are a communal ethnoreligious group, ethnoreligious branch of Anabaptism, Anabaptists, who, like the Amish and Mennonites, trace their roots to the Radical Reformation of the early 16th century and have formed intentional communities. The founder of the Hutterites, Jacob Hutter, "established the Hutterite colonies on the basis of the Schleitheim Confession, a classic Anabaptist statement of faith" of 1527, and the first communes were formed in 1528. Since the death of Hutter in 1536, the beliefs of the Hutterites, especially those espousing a community of goods and nonresistance, have resulted in hundreds of years of diaspora in many countries. The Hutterites embarked on a series of migrations through central and eastern Europe. Nearly extinct by the 18th century, they migrated to Russian Empire, Russia in 1770 and about a hundred years later to North America. Over the course of 140 years, their p ...
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Doukhobor
The Doukhobours or Dukhobors (russian: духоборы / духоборцы, dukhobory / dukhobortsy; ) are a Spiritual Christian ethnoreligious group of Russian origin. They are one of many non-Orthodox ethno-confessional faiths in Russia and are often categorized as "folk-Protestants", Spiritual Christians, sectarians, and heretics. Doukhobours are pacifist Christians who lived in their own villages, rejected personal materialism, worked together, and developed a tradition of oral history, memorizing, hymn-singing, and verse. Before 1886, the Doukhobors had a series of single leaders. The origin of the Doukhobors is uncertain; they first appear in first written records from 1701, although some scholars suspect the group has earlier origins. Doukhobors reject the Russian Orthodox priesthood, the use of icons, and all associated church rituals. Doukhobors believe the Bible alone is not enough to reach divine revelation and that doctrinal conflicts can interfere with their ...
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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'', ...
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List Of Supreme Court Of Canada Cases (Richards Court Through Fauteux Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the formation of the Court in 1875 to the retirement of Gérald Fauteux in 1973. Note that the Privy Council heard appeals for criminal cases until 1933 and for civil cases until 1949. Also between 1888 and 1926, no criminal appeals were allowed to the Privy Council. 1875–99 19001949 19501959 19601969 1970–73 See also * List of Judicial Committee of the Privy Council cases * 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 (1867-1984) ...
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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 ...
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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 ...
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1969 In Canadian Case Law
This year is notable for Apollo 11's first landing on the moon. Events January * January 4 – The Government of Spain hands over Ifni to Morocco. * January 5 **Ariana Afghan Airlines Flight 701 crashes into a house on its approach to London's Gatwick Airport, killing 50 of the 62 people on board and two of the home's occupants. * January 14 – An explosion aboard the aircraft carrier USS ''Enterprise'' near Hawaii kills 27 and injures 314. * January 19 – End of the siege of the University of Tokyo, marking the beginning of the end for the 1968–69 Japanese university protests. * January 20 – Richard Nixon is sworn in as the 37th President of the United States. * January 22 – An assassination attempt is carried out on Soviet leader Leonid Brezhnev by deserter Viktor Ilyin. One person is killed, several are injured. Brezhnev escaped unharmed. * January 27 ** Fourteen men, 9 of them Jews, are executed in Baghdad for spying for Israel. ** Reveren ...
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Christianity And Law In The 20th Century
Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global population. Its adherents, known as Christians, are estimated to make up a majority of the population in 157 countries and territories, and believe that Jesus is the Son of God, whose coming as the messiah was prophesied in the Hebrew Bible (called the Old Testament in Christianity) and chronicled in the New Testament. Christianity began as a Second Temple Judaic sect in the 1st century Hellenistic Judaism in the Roman province of Judea. Jesus' apostles and their followers spread around the Levant, Europe, Anatolia, Mesopotamia, the South Caucasus, Ancient Carthage, Egypt, and Ethiopia, despite significant initial persecution. It soon attracted gentile God-fearers, which led to a departure from Jewish customs, and, after the Fall of Jerus ...
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Canadian Property 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 eco ...
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Hutterites In Canada
Hutterites (german: link=no, Hutterer), also called Hutterian Brethren (German: ), are a communal ethnoreligious branch of Anabaptists, who, like the Amish and Mennonites, trace their roots to the Radical Reformation of the early 16th century and have formed intentional communities. The founder of the Hutterites, Jacob Hutter, "established the Hutterite colonies on the basis of the Schleitheim Confession, a classic Anabaptist statement of faith" of 1527, and the first communes were formed in 1528. Since the death of Hutter in 1536, the beliefs of the Hutterites, especially those espousing a community of goods and nonresistance, have resulted in hundreds of years of diaspora in many countries. The Hutterites embarked on a series of migrations through central and eastern Europe. Nearly extinct by the 18th century, they migrated to Russia in 1770 and about a hundred years later to North America. Over the course of 140 years, their population living in community of goods recovered f ...
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Doukhobors
The Doukhobours or Dukhobors (russian: духоборы / духоборцы, dukhobory / dukhobortsy; ) are a Spiritual Christian ethnoreligious group of Russian origin. They are one of many non-Orthodox ethno-confessional faiths in Russia and are often categorized as "folk-Protestants", Spiritual Christians, sectarians, and heretics. Doukhobours are pacifist Christians who lived in their own villages, rejected personal materialism, worked together, and developed a tradition of oral history, memorizing, hymn-singing, and verse. Before 1886, the Doukhobors had a series of single leaders. The origin of the Doukhobors is uncertain; they first appear in first written records from 1701, although some scholars suspect the group has earlier origins. Doukhobors reject the Russian Orthodox priesthood, the use of icons, and all associated church rituals. Doukhobors believe the Bible alone is not enough to reach divine revelation and that doctrinal conflicts can interfere with their ...
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