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Section 94 Of The Constitution Act, 1867
Section 94 of the ''Constitution Act, 1867'' (french: article 94 de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada allowing the federal Parliament to implement uniform laws relating to property and civil rights, and procedure in the civil courts, in three of the original provinces: New Brunswick, Nova Scotia, and Ontario. The power under section 94 cannot be used without the consent of those provinces, as those subject matters are normally within exclusive provincial jurisdiction. The power has never been used. The ''Constitution Act, 1867'' is the constitutional statute which established Canada. Originally named the ''British North America Act, 1867'', the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada. ''Constitution Act, 1867'' The ''Constitution Act, 1867'' is part of the Constitution of Canada a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proclamation Canadian Confederation
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the head of state. A proclamation is (usually) a non-binding notice. A general distinction is made between official proclamations from states or state organs with a binding character and proclamations from political-social groups or organizations, both of which try to win over the mood of those addressed. In addition, the procedure of proclaiming the beginning of a rule over a certain ruling territory is called a proclamation. For example, on July 26, 1581, the Proclamation of Dutch Independence was signed which led to the creation of the Dutch Republic in 1588, formally recognized in 1648 by the Peace of Münster. The announcement of the intention to marry two people, the bidding, was referred to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fathers Of Confederation
The Fathers of Confederation are the 36 people who attended at least one of the Charlottetown Conference of 1864 (23 attendees), the Quebec Conference of 1864 (33 attendees), and the London Conference of 1866 (16 attendees), preceding Canadian Confederation. Only eleven people attended all three conferences. Table of participation The following table lists the participants in the Charlottetown, Quebec, and London Conferences and their attendance at each stage. Group photographs Other possible claimants to title Four other individuals have been labelled as Fathers of Confederation. Hewitt Bernard, who was the recording secretary at the Charlottetown Conference, is considered by some to be a Father of Confederation. The leaders most responsible for bringing three specific provinces into Confederation after 1867 are also referred to as Fathers of Confederation. * The provisional government established by Louis Riel ultimately negotiated the terms under which Manitoba entere ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Fitzpatrick
Sir Charles Fitzpatrick (December 19, 1851 – June 17, 1942) was a Canadian lawyer and politician, who served as the fifth Chief Justice of Canada. He was born in Quebec City, Canada East, to John Fitzpatrick and Mary Connolly. He studied at Laval University, earning his B.A. degree (1873) and LL.B degree (1876), earning the Dufferin Silver Medal.History of the Administration of the Earl of Dufferin in Canada'' by William Leggo, Toronto: Lovell Printing and Publishing Company (1878), pg. 877 Called to the bar of Quebec in 1876, he established his practice in Quebec City and later founded the law firm of Fitzpatrick & Taschereau. In 1885, he acted as chief counsel to Louis Riel who was on trial for leading the North-West Rebellion. Riel was found guilty and sentenced to death. Fitzpatrick entered politics in 1890, winning election to the Quebec Legislative Assembly in Québec-Comté electoral district. He was re-elected in 1892, but resigned in June 1896 to enter fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister Of Justice And Attorney General Of Canada
The minister of justice and attorney general of Canada () is a dual-role portfolio in the Canadian Cabinet. The officeholder in the role of Minister of Justice () serves as the minister of the Crown responsible for the Department of Justice and the justice portfolio, and in the role of Attorney General (), litigates on behalf of the Crown and serves as the chief legal advisor to the Government of Canada. (Though most prosecution functions of the attorney general have been assigned to the Public Prosecution Service of Canada. The attorney general is supported in this role by the director of public prosecutions.) Attorney General of Canada The role was created in 1867 to replace the attorney general of Canada West and attorney general of Canada East. As the top prosecuting officer in Canada, 'attorney general' is a separate title held by the minister of justice—a member of the Cabinet. The minister of justice is concerned with questions of policy and their relationship to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Benjamin Russell (Canadian Politician)
Benjamin Russell (January 10, 1849 – September 20, 1935) was a Canadian lawyer, professor of law, judge, and politician in the province Nova Scotia. Early life and education Born in Dartmouth, Nova Scotia to Nathaniel and Agnes Russell, he was educated at the Halifax Grammar School, and graduated with the degree of Bachelor of Arts from Mount Allison College in 1868. He received the degree of Masters of Arts in 1871 and in 1893, the degree of Doctor of Laws. Legal career Russell was admitted to the bar in 1872 and made Queen's Counsel (Earl of Derby) in 1890. As successor to Sir John Sparrow David Thompson, he reported debates in the Nova Scotia House of Assembly (1869 to 1883). He was also a Reporter to the Supreme Court (1875 to 1895) and a legal adviser of the Legislative Council of Nova Scotia (1884 to 1896). He was also professor of contracts and lecturer on Bills and Notes, Sales and Equity Jurisprudence Law at Dalhousie University. Political career Russell was fi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Backbencher
In Westminster and other parliamentary systems, a backbencher is a member of parliament (MP) or a legislator who occupies no governmental office and is not a frontbench spokesperson in the Opposition, being instead simply a member of the " rank and file". The term dates from 1855. The term derives from the fact that they sit physically behind the frontbench in the House of Commons. A backbencher may be a new parliamentary member yet to receive high office, a senior figure dropped from government, someone who for whatever reason is not chosen to sit in the government or an opposition spokesperson (such as a shadow cabinet if one exists), or someone who prefers to be a background influence, not in the spotlight. By extension, those who are not reliable supporters of all of their party's goals and policies and have resigned or been forced to resign may be relegated to the back benches. For example, in British political events, Clive Lewis became a backbencher after resign ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liberal Party Of Canada
The Liberal Party of Canada (french: Parti libéral du Canada, region=CA) is a federal political party in Canada. The party espouses the principles of liberalism,McCall, Christina; Stephen Clarkson"Liberal Party". ''The Canadian Encyclopedia''. and generally sits at the centre to centre-left of the Canadian political spectrum, with their rival, the Conservative Party, positioned to their right and the New Democratic Party, who at times aligned itself with the Liberals during minority governments, positioned to their left. The party is described as " big tent",PDF copy at UBC Press. practising "brokerage politics", attracting support from a broad spectrum of voters. The Liberal Party is the longest-serving and oldest active federal political party in the country, and has dominated federal [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Hamilton Gray (New Brunswick Politician)
John Hamilton Gray, (1814 – June 5, 1889) was a politician in the Province of New Brunswick, Canada, a jurist, and one of the Fathers of Confederation. He should not be confused with John Hamilton Gray, a Prince Edward Island politician (and also a Father of Confederation) in the same era. Gray was born in St. George's, Bermuda, British North America. His father, William, was naval commissary in Bermuda and later served as British consul in Norfolk, Virginia. Gray's grandfather, Joseph Gray, was a United Empire Loyalist from Boston who settled in Halifax, Nova Scotia following the American Revolution. His cousin, Samuel Brownlow Gray (1823-1910), the grandfather of Captain Gerald Hamilton Gray (1883-1953) of the Royal Garrison Artillery and Lieutenant-Colonel Reginald Wentworth Gray of the Prince of Wales's Leinster Regiment (Royal Canadians), was appointed Attorney-General of Bermuda in 1861 and the Chief Justice of Bermuda in 1900. John Hamilton Gray was edu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec
Quebec ( ; )According to the Government of Canada, Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen provinces and territories of Canada. It is the List of Canadian provinces and territories by area, largest province by area and the second-largest by Population of Canada by province and territory, population. Much of the population lives in urban areas along the St. Lawrence River, between the most populous city, Montreal, and the provincial capital, Quebec City. Quebec is the home of the Québécois people, Québécois nation. Located in Central Canada, the province shares land borders with Ontario to the west, Newfoundland and Labrador to the northeast, New Brunswick to the southeast, and a coastal border with Nunavut; in the south it borders Maine, New Hampshire, Vermont, and New York (state), New York in the United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 92(14) Of The Constitution Act, 1867
Section 92(14) of the ''Constitution Act, 1867'', also known as the administration of justice power, grants the provincial legislatures of Canada the authority to legislate on: It has been considered to be one of the major sources of conflict concerning the interpretation of the Constitution of Canada. Nature and extent of jurisdiction Basic nature In United Kingdom jurisprudence, the administration of justice is generally considered to include the following matters: #the organisation of the courts; #the prerogative of justice, the prerogative of mercy, and any prerogative power to create new courts; #''nolle prosequi''; #the appointment, tenure and immunity of judges; #the immunity of other participants in legal proceedings; # contempt of court; #the composition and availability of juries, any requirement that their verdict be unanimous, and the allowances they receive; #the branches of the legal profession; and #the provision of legal aid and advice. However, the ''Constitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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