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Doré V Barreau Du Québec
''Doré v Barreau du Québec'' is an Canadian administrative law, administrative law decision by the Supreme Court of Canada regarding how to apply the ''Canadian Charter of Rights and Freedoms'' to adjudicative decisions, as opposed to statutory law. The Court found that the test in ''R. v. Oakes'' (which is used to determine whether a law that infringes a section of the ''Charter'' is unconstitutional under Section One of the Canadian Charter of Rights and Freedoms, section 1 of the ''Charter'') does not apply to administrative law decisions, although there is "conceptual harmony" between the review for reasonableness and the Oakes framework. Instead, the question is whether the administrative decision is reasonable, in that it reflects a proportionate balancing of the ''Charter'' rights and values at play. In addition to the parties (Doré, the Barreau du Québec, the Tribunal des professions, and the Attorney General of Quebec), the Court heard from the following intervenors ...
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Court Of Appeal For Quebec
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA; ) 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 () – or Court of King's Bench () depending on the gender of the current monarch serving as head of state first of the United Kingdom, then of Canada. 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 (Canada), Criminal Code'', someone wishing to appeal a decision of either the Quebec Superior Court, 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 amount in dispute is at least $60,00 ...
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Superior Court Of Quebec
The Superior Court of Quebec () is a superior trial court in the Province of Quebec, in Canada. It consists of 157 judges who are appointed by the federal government. Appeals from this court are taken to the Quebec Court of Appeal. Jurisdiction The Superior Court of Quebec is the court of original general jurisdiction, which hears all cases not expressly assigned to another court or administrative body. It possesses both criminal and civil jurisdiction. It also hears certain appeals in criminal and penal matters. Moreover, it also possesses exclusive jurisdiction to hear and determine class actions and applications for injunctive relief. Furthermore, the Superior Court is vested exclusive jurisdiction of judicial review over all lower courts in Quebec, over legal persons established in the public interest or for a private interest, and over partnerships and associations and other groups not endowed with juridical personality. All criminal matters that are tried by jury must ...
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Canadian Charter Of Rights And Freedoms Case Law
Canadians () 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 and Canadian values. Canada has also been strongly influenced by its linguistic, geographic, a ...
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2012 In Canadian Case Law
1 (one, unit, unity) is a number, numeral, and glyph. It is the first and smallest positive integer of the infinite sequence of natural numbers. This fundamental property has led to its unique uses in other fields, ranging from science to sports, where it commonly denotes the first, leading, or top thing in a group. 1 is the unit of counting or measurement, a determiner for singular nouns, and a gender-neutral pronoun. Historically, the representation of 1 evolved from ancient Sumerian and Babylonian symbols to the modern Arabic numeral. In mathematics, 1 is the multiplicative identity, meaning that any number multiplied by 1 equals the same number. 1 is by convention not considered a prime number. In digital technology, 1 represents the "on" state in binary code, the foundation of computing. Philosophically, 1 symbolizes the ultimate reality or source of existence in various traditions. In mathematics The number 1 is the first natural number after 0. Each natural numbe ...
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Standard Of Review
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower court's decision. A high standard of review means that deference is accorded to the decision under review, so that it will not be disturbed just because the reviewing court might have decided the matter differently; it will be varied only if the higher court considers the decision to have obvious error. The standard of review may be set by statute or precedent (stare decisis). In the United States, "standard of review" also has a separate meaning concerning the level of deference the judiciary gives to Congress when ruling on the constitutionality of legislation. United States In the United States, the term "standard of review" has several different meanings ...
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Rosalie Abella
Rosalie Silberman Abella (born July 1, 1946) is a Canadians, Canadian jurist. In 2004, Abella was appointed to the Supreme Court of Canada, becoming the first Jews, Jewish woman and refugee to sit on the Canadian Supreme Court bench. She retired from the Supreme Court in 2021. Early life and education Rosalie Silberman Abella was born on July 1, 1946, the daughter of Jacob and Fanny (Krongold) Silberman. She was born in a displaced persons camp in Stuttgart, Germany. Her father was born in Sienno, Masovian Voivodeship, Sienno, Poland, in 1910, while her mother was born in Ostrówiec, Masovian Voivodeship, Ostrowiec in 1917. Abella's older brother was murdered in the Holocaust. Her parents both survived, Jacob Silberman was liberated from Theresienstadt Ghetto, Theresienstadt Concentration Camp, Fanny Silberman survived Buchenwald Concentration Camp. Jacob had studied law at the Jagiellonian University in Kraków and was appointed head of legal services for displaced persons in ...
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Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA; ) 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 () – or Court of King's Bench () depending on the gender of the current monarch serving as head of state first of the United Kingdom, then of Canada. 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 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 amount in dispute is at least $60,000 in dispute to be heard. The Court of Appeal ...
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Section Two Of The Canadian Charter Of Rights And Freedoms
Section 2 of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") is the section of the Constitution of Canada that lists what the ''Charter'' calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association. Section 1 of the ''Charter'' permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2. Additionally, these freedoms can be temporarily invalidated by section 33, the "notwithstanding clause", of the ''Charter''. As a part of the ''Charter'' and of the larger '' Constitution Act, 1982'', section 2 took leg ...
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Canadian Judicial Council
The Canadian Judicial Council (CJC; ) is the national council of the judiciary of Canada, overseeing the country's Federal judge, federal judges. The Council has 44 members, composed of chief justices and associate chief justices. It is chaired by the Chief Justice of Canada, currently Justice Richard Wagner (judge), Richard Wagner. History The council was created in 1971 by the Parliament of Canada following years of discussion about the need to coordinate professional development and judicial conduct matters for judges, in a way that would respect the judiciary as an independent branch of government. The review of complaints had previously usually been coordinated by the Department of Justice (Canada), Department of Justice, with the occasional involvement of local Chief Justices. Landreville case A key factor that facilitated the creation of the council was the case of justice Leo Landreville. He was charged with a criminal offence. Those charges were dismissed, but alleg ...
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Young Bar Association Of Montreal
Young may refer to: * Offspring, the product of reproduction of a new organism produced by one or more parents * Youth, the time of life when one's age is low, often meaning the time between childhood and adulthood Music * The Young, an American rock band * ''Young'', an EP by Charlotte Lawrence, 2018 Songs * "Young" (Baekhyun and Loco song), 2018 * "Young" (The Chainsmokers song), 2017 * "Young" (Hollywood Undead song), 2009 * "Young" (Kenny Chesney song), 2002 * "Young" (Place on Earth song), 2018 * "Young" (Tulisa song), 2012 * "Young", by Ella Henderson, 2019 * "Young", by Lil Wayne from '' Dedication 6'', 2017 * "Young", by Nickel Creek from ''This Side'', 2002 * "Young", by Sam Smith from ''Love Goes'', 2020 * "Young", by Silkworm from '' Italian Platinum'', 2002 * "Young", by Vacations (band), 2016 * "Young", by Vallis Alps, 2015 * "Young", by Pixey, 2016 People Surname * Young (surname) Given name * Young (Korean name), Korean unisex given name and name eleme ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. The ''Bill of Rights'' exemplified an international trend towards formalizing human rights protections following the United Nations' ''Universal Declaration of Human Rights'', instigated by the country's movement for human rights and freedoms that emerged af ...
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