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Reference Re Resolution To Amend The Constitution
''Reference Re Resolution to amend the Constitution'' – also known as the Patriation Reference – is a historic Supreme Court of Canada reference case that occurred during negotiations for the patriation of the Constitution of Canada. The court affirmed the existence of an unwritten dimension to the constitution and the majority held that by constitutional convention, amendments to the constitution require a substantial degree of provincial consent. However, a differently-constituted majority of the court held that there was no ''legal'' barrier to the federal government seeking a constitutional amendment without any provincial consent. Political debate over patriating the Constitution Under the leadership of Prime Minister Pierre Elliot Trudeau, the federal government of Canada sought to patriate the constitution. Specifically, the aim of the government was to make a request to the United Kingdom Parliament—then the only body with the appropriate legal authority� ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bora Laskin
Bora Laskin (October 5, 1912 – March 26, 1984) was a Canadians, Canadian jurist who served as the 14th Chief Justice of Canada, chief justice of Canada from 1973 to 1984 and as a List of justices of the Supreme Court of Canada, puisne justice of the Supreme Court of Canada, Supreme Court from 1970 to 1973. Before his Supreme Court of Canada, Supreme Court service, he previously served on the Court of Appeal for Ontario, Ontario Court of Appeal from 1965 to 1970. Prior to his appointment, Laskin worked as a lawyer and in academia. Early life and family Laskin was born in Fort William, Ontario, 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 Court of Appeal for O ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prime Minister Of Canada
The prime minister of Canada () is the head of government of Canada. Under the Westminster system, the prime minister governs with the Confidence and supply, confidence of a majority of the elected House of Commons of Canada, House of Commons; as such, the prime minister typically sits as a Member of Parliament (Canada), member of Parliament (MP) and leads the largest party or a Coalition government, coalition of parties. As List of current Canadian first ministers, first minister, the prime minister selects ministers to form the Cabinet of Canada, Cabinet. Not outlined in any constitutional document, the prime minister is appointed by Monarchy of Canada, the monarch's representative, the Governor General of Canada, governor general, and the office exists per long-established Convention (norm)#Government, convention. Constitutionally, Executive (government), executive authority is vested in the monarch (who is the head of state), but the powers of the monarch and governor gene ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases successfully appealed to the Court are generally of national importance. Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices. Understanding the background of the cases, the reasoning and the authorship can be important and insightful, as each judge may have varying beliefs in legal theory and interpretation. 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 the ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Constitutional 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, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frédéric Bastien
Frédéric Bastien (1969 – 16 May 2023) was a Canadian author, historian, and journalist, best known for the book ''La Bataille de Londres. Dessous, secrets et coulisses du rapatriement constitutionnel'', whose allegations surrounding the 1982 patriation of Canada's constitution caused political controversy in Quebec and led the Supreme Court of Canada to launch an internal probe. Biography Bastien held a PhD in history and international politics from the Graduate Institute of International and Development Studies in Geneva and authored two books dealing with Paris-Québec-Ottawa relations since the Quiet Revolution. He was a history professor at Dawson College in Montreal, Canada. Bastien died on 16 May 2023, at the age of 53. ''La Bataille de Londres'' In ''La Bataille de Londres. Dessous, secrets et coulisses du rapatriement constitutionnel'', Bastien alleges that the patriation of Canada's constitution in 1982 amounted to a "coup d'etat". In particular, Bastien names th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Newfoundland Act
The Newfoundland Act was an act of the Parliament of the United Kingdom that confirmed and gave effect to the Terms of Union agreed to between the then-separate Dominions of Canada and Newfoundland on 23 March 1949. It was originally titled the British North America Act 1949, but was renamed in Canada on the patriation of the Canadian Constitution from the United Kingdom in 1982. In exchange for Newfoundland becoming a province, the Canadian government took over the Newfoundland Railway, Newfoundland Airport (now Gander International Airport), public broadcasting, telegraph services and other services that fell under federal control. The federal government assumed responsibility for Newfoundland's debt.Dominion Delegation, ''St. John's Telegram'', 11 December 2005 Newfoundland was also given statutory subsidies, a special subsidy of $1.1 million, the right to enter into tax rental agreements with the federal government and an additional transitional grant of $3.5 million, di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claude Bisson
Claude Bisson, (May 9, 1931 – March 18, 2024) was a Canadian jurist. Bisson was a judge of the Quebec Court of Appeal and a former Communications Security Establishment Commissioner. Bisson was born in Trois-Rivières on May 9, 1931. He studied at the Seminary of Trois-Rivières and studied law at both Laval University and McGill University. He is married to Louisette Lanneville, and they have two sons and a daughter. He practised law in Trois-Rivières after being called to the bar in 1954. He was a Crown Attorney from 1964 to 1966. He was active in the Canadian Bar Association, the Junior Chamber of Commerce, and the Board of Trade, in various capacities. Bisson served on three boards of inquiry; the 1969 inquiry examining multiple escapes from St. Vincent-de-Paul Penitentiary (sole Commissioner); the 1975 inquiry under the Explosives Act into an explosion at a factory in McMasterville, Quebec (sole Commissioner); and from 1984 to 1987, the Canadian Sentencing Commission (m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reference Question
In law of Canada, Canadian law, a reference question or reference case (formally called abstract review) is a submission by the Canadian government, federal or a Provinces and territories of Canada, provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation. Constitutional and statutory authority Reference jurisdiction of the Supreme Court of Canada The ''Constitution Act, 1867'', gives the federal Parliament the power to create a "General Court of Appeal for Canada", but does not define the jurisdiction of the Court.''Constitution Act, 1867'', s. 101. When Parliament created the Supreme Court of Canada in 1875, it gave the Cabinet of Canada, federal Cabinet the power to refer questions to the Supreme Court for the Court's opinion.''The Supreme and Exchequer Court Act'', S.C. 1875, c. 11. That provision has been carried forward and is now found in the current ''Supreme Court Act''. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Parliament
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. The Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation. The House of Commons is the elected lower chamber of Parliament, with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patriate
Patriation is the political process that led to full Canadian sovereignty, culminating with the ''Constitution Act, 1982''. The process was necessary because, at the time, under the ''Statute of Westminster, 1931'', and with Canada's agreement, the British Parliament retained the power to amend Canada's '' British North America Acts'' and to enact, more generally, for Canada at the request and with the consent of the Dominion. That authority was removed from the UK by the enactment of the '' Canada Act, 1982'', on March 29, 1982, by the Parliament of the United Kingdom, as requested by the Parliament of Canada. A proclamation bringing the ''Constitution Act, 1982'', into effect was signed by Elizabeth II, as Queen of Canada, Prime Minister Pierre Trudeau, and Minister of Justice Jean Chrétien on April 17, 1982, on Parliament Hill in Ottawa. The patriation process saw the provinces granted influence in constitutional matters and resulted in the constitution being amendable by C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
