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Quasi-constitutionality
In Canada, the term quasi-constitutional is used for laws which remain paramount even when subsequent statutes, which contradict them, are enacted by the same legislature. This is the reverse of the normal practice, under which newer laws trump any contradictory provisions in any older statute. Primacy clauses in quasi-constitutional statutes The normal practice, under which the more recent statute has the effect of nullifying any contradictory rules laid out in all earlier statutes, is known as "implied repeal." Implied repeal is the traditional way of ensuring that two contradictory laws are never in effect at the same time. The practice of implied repeal also reinforces the concept of parliamentary sovereignty or supremacy---that is, it reinforces the idea that the parliament or legislature cannot be restricted by any external limit, including past actions of the legislature itself. A quasi-constitutional statute uses a "primacy clause" to achieve the apparently contradictory go ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Repeal
The doctrine of implied repeal is a concept in constitutional theory which states that where an Act of Parliament or an Act of Congress (or of some other legislature) conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act become legally inoperable. This doctrine is expressed in the Latin phrase ''leges posteriores priores contrarias abrogant'' or "lex posterior derogat priori". Implied repeal is to be contrasted with the express repeal of legislation by the legislative body. Canada In Canadian law, it is possible for a law to be protected from implied repeal by way of a "primacy clause" which states that the act in question supersedes all other statutes until it is specifically repealed. Acts with such primacy clauses are called quasi-constitutional. United Kingdom In the 2002 English case ''Thoburn v Sunderland City Council'' (the so-called "Metric Martyrs" case), Lord Justice Laws held that some constitutionally significa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Charter Of Human Rights And Freedoms
The ''Charter of Human Rights and Freedoms'' (french: Charte des droits et libertés de la personne), also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe, coming into effect on June 28, 1976. Introduced by the Liberal government of Robert Bourassa, the Charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson. The Charter recognizes that every person on the territory of Quebec is equal in value and in dignity. Since the Charter aims to guarantee human rights and to harmonize the relations between citizens, and between citizens and institutions, the Charter binds the state (legislature, executive, administrative) and applies to private law relations (between persons). The Charter also establishes the '' Commission des droits de la personne et des droits de la jeunesse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privacy Act (Canada)
The ''Privacy Act'' (french: Loi sur la protection des renseignements personnels) is the federal information-privacy legislation of Canada that came into effect on July 1, 1983. Administered by the Privacy Commissioner of Canada, the Act sets out rules for how institutions of the Government of Canada collect, use, disclose, retain, and dispose of personal information of individuals. The Act does not apply to political parties, political representatives (i.e., members of Parliament and senators), courts, and private sector organizations. All provinces and territories have their own laws governing their public sectors. Overview Some salient provisions of the legislation are as follows: * A government institution may not collect personal information unless it relates directly to an operating program or activity of the institution (section 4). * With some exceptions, when a government institution collects an individual's personal information from the individual, it must inf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the ''Constitution Act, 1982'', the Canadian Constitution consists of the ''Canada Act 1982'' (which includes the ''Constitution Act, 1982''), acts and orders referred to in its schedule (including in particular the ''Constitution Act, 1867'', formerly the ''British North America Act, 1867''), and any amendments to these documents. The Supreme Court of Canada has held that the list is not exhaustive and also includes a number of pre-confederation acts and unwritten components ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Bill Of Rights
The ''Canadian Bill of Rights'' (french: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian common law.Joseph E. Magnet''Constitutional Law of Canada'', 8th ed., Part VI, Chapter 1 Juriliber, Edmonton (2001). URL accessed on March 18, 2006. The ''Canadian Bill of Rights'' remains in effect but is widely acknowledged to be limited in its effectiveness because it is a federal statute only, and so not directly applicable to provincial laws. These legal and constitutional limitations were a significant reason that the ''Canadian Charter of Rights and Freedoms'' was established as an unambiguously-constitutional-level Bill of Rights for all Cana ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charter Of The French Language
The ''Charter of the French Language'' (french: link=no, La charte de la langue française), also known in English as Bill 101, Law 101 (''french: link=no, Loi 101''), or Quebec French Preference Law, is a law in the province of Quebec in Canada defining French, the language of the majority of the population, as the official language of the provincial government. It is the central legislative piece in Quebec's language policy, and one of the three statutory documents Quebec society bases its cohesion upon, along with the Quebec Charter of Human Rights and Freedoms and the Civil Code of Quebec. The Charter also protects the Indigenous languages of Quebec. Proposed by Camille Laurin, the Minister of Cultural Development under the first Parti Québécois government of Premier René Lévesque, it was passed by the National Assembly and received royal assent on August 26, 1977. The Charter's provisions expanded upon the 1974 '' Official Language Act'' (Bill 22), which was enacted ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Official Languages Act (Canada)
The ''Official Languages Act'' (french: Loi sur les langues officielles; colloquially the ''Act'') is a Canadian law that came into force on September 9, 1969, which gives French and English equal status in the government of Canada. This makes them "official" languages, having preferred status in law over all other languages. Although the ''Official Languages Act'' is not the only piece of federal language law, it is the legislative keystone of Canada's official bilingualism. It was substantially amended in 1988. Both languages are equal in Canada's government and in all the services it controls, such as the courts. Summary of main features The ''Act'' provides, among other things, *that Canadians have the right to receive services from federal departments and from Crown corporations in both official languages; *that Canadians will be able to be heard before federal courts in the official language of their choice; *that Parliament will adopt laws and to publish regulations in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpretation Act
Interpretation Act (with its variations) is a stock short title used for legislation in Australia, Canada, Hong Kong, Malaysia, New Zealand, the Republic of Ireland, Singapore and the United Kingdom relating to statutory interpretation, interpretation of legislation. The Bill for an Act with this short title will have been known as the Interpretation Bill during its passage through Parliament. Interpretation Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to interpretation. List Australia ; Commonwealth *The Acts Interpretation Act 1901 ; States and territories * Interpretation Act 1967 (ACT) * Legislation Act 2001 (ACT) * Interpretation Act 1987 (NSW) * The Acts Interpretation Act 1931 (Tas.) * Interpretation of Legislation Act 1984 (Vic.) Canada *The Interpretation Act, 1985, Interpretation Act, RSC 1985, c I-21 Hong Kong *The General Clauses and Interpretation Ordinance, General Clauses and Interpretation Ordinanc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bora Laskin
Bora Laskin (October 5, 1912 – March 26, 1984) was a Canadian jurist who served as the 14th chief justice of Canada from 1973 to 1984. Laskin was appointed a puisne justice of the Supreme Court in 1970, and served on the Ontario Court of Appeal from 1965 to 1970. Before he was named to the bench, Laskin worked as a lawyer and in academia. Early life and family Laskin was born in Fort William, Ontario (now Thunder Bay), the son of Max Laskin and Bluma Zingel. His brother, Saul Laskin, went on to become the first mayor of Thunder Bay. His other brother, Charles, was a shirt designer and manufacturer. Laskin married Peggy Tenenbaum. The couple had two children: John I. Laskin, who followed in his father's footsteps and became a judge at the Ontario Court of Appeal, and Barbara Laskin Plumptre. His grandson (the son of his daughter) carries on his name. His nephew John B. Laskin is a judge of the Federal Court of Appeal, having previously been a faculty member of the Univer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, not even a constitution) or by precedent. In some countries, parliamentary sovereignty may be contrasted with separation of powers, which limits the legislature's scope often to general law-making and makes it subject to external judicial review, where laws passed by the legislature may be declared invalid in certain circumstances. Many states have sovereign legislatures, including the United Kingdom, New Zealand, the Netherlands, Sweden, Norway, Denmark, Finland, Iceland, Barbados, Jamaica, Papua New Guinea, the Solomon Islands, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roland Ritchie
Roland Almon Ritchie, (June 19, 1910 – June 5, 1988) was a Canadian lawyer and puisne justice of the Supreme Court of Canada. Early life and family Born in Halifax, Nova Scotia, the son of William Bruce Almon Ritchie and Lillian Stewart, Ritchie was a scion of prominent families — the Almons, Ritchies, and Stewarts were all major families in Nova Scotia. Ritchie's great-uncle, Sir William Johnstone Ritchie, had also been on the Supreme Court, serving as a puisne justice and then as the second Chief Justice of Canada. His brother, Charles Ritchie was an important Canadian diplomat and diarist. Education Ritchie received a Bachelor of Arts degree from the University of King's College, Halifax, in 1930. He then received a Rhodes scholarship and read law at Pembroke College, Oxford University, receiving an additional Bachelor of Arts degree, in law, in 1932. Military career Ritchie was called to the Nova Scotia Bar in 1934, but his law practice was interrupted by World W ... [...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] |
