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Topic: Supreme Court of Canada


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In the News (Mon 9 Nov 09)

  
  Supreme Court of Canada - MSN Encarta
Supreme court of canada decisions, news releases and bulletins...
The task of the Supreme Court is not to reconsider the facts of the case.
Rather, Supreme Court justices focus on points of law: whether the decision of the lower court provided a proper interpretation of the law or, in a reference case, whether the proposed legislation conforms to the Constitution.
encarta.msn.com /encyclopedia_1741500815_2/Supreme_Court_of_Canada.html   (2889 words)

  
 Supreme Court of Canada - Decisions - Charkaoui v. Canada (Citizenship and Immigration)
Canada (Citizenship and Immigration), 2007 SCC 9, [2007] 1 S.C.R. Date:February 23, 2007
Ferras, [2006] 2 S.C.R. 77, 2006 SCC 33, at para.
Rodgers, [2006] 1 S.C.R. 2006 SCC 15, at para.
scc.lexum.umontreal.ca /en/2007/2007scc9/2007scc9.html   (9751 words)

  
 Supreme Court of Canada Appointment Process | Mapleleafweb.com
The Supreme Court of Canada is this country’s highest court, and is the final authority for all legal disputes, settling matters between individuals, organizations, and governments alike.
Under Canada's Constitution, the power to appoint justices to the Supreme Court is held by the Governor General of Canada, the Monarch's federal representative.
To be eligible to serve on the Supreme Court, an appointee must either 1) be or have been a judge of a superior court of a province or 2) have been a barrister or advocate with at least 10 years standing at the bar of a province.
www.mapleleafweb.com /features/supreme-court-canada-appointment-process   (2123 words)

  
 Supreme Court of Canada
The Supreme Court of Canada has been the highest court for all legal issues of federal and provincial jurisdiction since 1949, when appeals to the JUDICIAL COMMITTEE OF THE PRIVY COUNCIL of the UK were abolished.
By establishing a supreme court, Parliament would be providing itself with a constitutional interpreter, and some MPs questioned the impartiality of such an arbiter because the federal government would appoint its members and determine the court's field of competency.
The Liberal government of Alexander MACKENZIE finally persuaded Parliament to vote for a supreme court, arguing that it was needed to standardize Canadian law and to provide constitutional interpretations on issues that would affect the evolution of the new federation.
thecanadianencyclopedia.com /index.cfm?PgNm=TCE&Params=A1ARTA0007798   (222 words)

  
 Supreme Court of Canada
The Supreme Court of Canada has been the highest court for all legal issues of federal and provincial jurisdiction since 1949, when appeals to the JUDICIAL COMMITTEE OF THE PRIVY COUNCIL of the UK were abolished.
By establishing a supreme court, Parliament would be providing itself with a constitutional interpreter, and some MPs questioned the impartiality of such an arbiter because the federal government would appoint its members and determine the court's field of competency.
The Liberal government of Alexander MACKENZIE finally persuaded Parliament to vote for a supreme court, arguing that it was needed to standardize Canadian law and to provide constitutional interpretations on issues that would affect the evolution of the new federation.
www.thecanadianencyclopedia.com /index.cfm?PgNm=TCE&Params=A1ARTA0007798   (247 words)

  
 The Supreme Court of Canada - Studies on the Canadian Constitution and Canadian Federalism - Quebec History
The Supreme Court of Canada was established in 1875 under the authority of s.101 of the Constitution Act, 1867.
However, as it has come to be applied, the jurisdiction of the court extends to civil, criminal and constitutional matters arising from both federal and provincial laws in a manner that parallels the jurisdiction of the Supreme Court of the United States.
The judges of the Supreme Court of Canada are appointed by the Governor-General in Council (the federal government) and hold office during good behaviour with compulsory retirement at age 75.
faculty.marianopolis.edu /c.belanger/quebechistory/federal/scc.htm   (1287 words)

  
 The Supreme Court of Canada - Studies on the Canadian Constitution and Canadian Federalism - Quebec History
The Supreme Court of Canada was established in 1875 under the authority of s.101 of the Constitution Act, 1867.
However, as it has come to be applied, the jurisdiction of the court extends to civil, criminal and constitutional matters arising from both federal and provincial laws in a manner that parallels the jurisdiction of the Supreme Court of the United States.
The judges of the Supreme Court of Canada are appointed by the Governor-General in Council (the federal government) and hold office during good behaviour with compulsory retirement at age 75.
www2.marianopolis.edu /quebechistory/federal/scc.htm   (1287 words)

  
 Lex View 44.0 - Moral Reasoning, Extradition, and the Death Penalty
The Court rightly perceived that “the real issue here is the death penalty.” It refused to decide the case on the rather artificial basis of mobility rights, insisting that “[t]he death penalty is overwhelmingly a justice issue” and “[t]he death penalty issue should be confronted directly and it should be confronted under sec.
The Court draws a distinction between issues in the case, which are matters of “general public policy” on the one hand, and issues which reside within “the inherent domain of the judiciary as guardian of the justice system” on the other.
The Court is not, however, guilty of the conventional complaint that its decision is somehow undemocratic simply because it refused to defer to the decision of the Minister, or that its underlying position on the morality of capital punishment stood opposite to the will of the majority.
www.culturalrenewal.ca /lex/lex-44.htm   (2481 words)

  
 RPP 2003-2004 Supreme Court of Canada
The mandate of the Supreme Court of Canada is to have and exercise an appellate, civil and criminal jurisdiction within and throughout Canada.
The Court is comprised of the Chief Justice and eight Puisne Judges, all of whom are appointed by the Governor in Council.
Pursuant to Section 17 of the Supreme Court of Canada, the Registrar or the Deputy Registrar, as the Chief Justice directs, is responsible for the publication of the judgments of the Court in the Supreme Court Reports, which include all the reasons for judgment rendered by the Court in a given calendar year.
www.tbs-sct.gc.ca /est-pre/20032004/SCC-CSC/SCC-CSCr34_e.asp   (2552 words)

  
 The Supreme Court Of Canada: Guardian Of A Constitutional
Canada is a federation, but we do not have the kind of division between the federal government and the states that you have in the U.S. This means that our court has a total jurisdiction, in addition to being the court of final constitutional appeal, as is the U.S. Supreme Court.
Courts exist to support the rule of law and to ensure both that it governs our society and is available to every citizen.
A court like the Supreme Court of Canada or the U.S. Supreme Court has a fundamental concern with ensuring that the exercise of power at every level of the democratic structure is in accordance with the rule of law.
www.metrocorpcounsel.com /current.php?artType=view&artMonth=October&artYear=2004&EntryNo=1672   (1850 words)

  
 The Supreme Court of Canada ruling on the Tobacco Products Control Act
The Court unanimously held that the purpose of the legislative measures in reducing tobacco consumption was a valid and important objective one sufficient to warrant limiting freedom of expression.
All members of the Court agreed that it was not necessary that the government be able to demonstrate a direct causal link between tobacco advertising/promotion and tobacco consumption; rather, it was sufficient that a relationship between the measures and the legislative objective could be inferred based on reason, logic and common sense.
However, the majority of the Court held that the government had failed to demonstrate that the restraints regarding advertising, promotion and labelling were reasonable and justified restrictions on freedom of expression, and consequently struck down most of the provisions of the Act.
www.hc-sc.gc.ca /ahc-asc/media/nr-cp/1995/1995_85bk2_e.html   (711 words)

  
 Judicial organisation in Canada
The power to appoint the judges of the superior courts in the provinces - which includes the provincial courts of appeal as well as the trial courts of general jurisdiction - is given to the federal government, as is the obligation to provide for the remuneration of those judges and the authority to remove them.
Authority over the superior courts in each province is shared between the provincial and federal governments; the provinces have jurisdiction over the constitution, organization and maintenance of these courts, while the federal government has authority to appoint the judges.
These latter courts can fairly be described as the lynchpin of the Canadian judicial system since, reflecting the role of their English counterparts, on which they were modelled, they are the only courts in the system with inherent jurisdiction in addition to jurisdiction granted by federal and provincial statutes.
www.cisg.law.pace.edu /cisg/text/Canada.html   (1949 words)

  
 Statutory Interpretation in the Supreme Court of Canada
The mandate of courts in resolving such disputes is not to determine the meaning of legislative texts, or even the intention of Parliament, but rather to solve the dispute in a manner that respects the important values of society.
The Court found that the sum received by the taxpayer in this case was not a retiring allowance because the taxpayer was not an individual "in the service of" another and therefore did not have employment within the meaning of the section.
In fact, it appears that the recent reluctance of the Court to invoke the strict construction rule in these traditional areas is a major motive for the revival of the plain meaning rule.
aix1.uottawa.ca /~resulliv/legdr/siinscc.html   (20503 words)

  
 Supreme Court 'absolutely corrupt': prof - Interim, Mar 2004
Robert Martin is a professor of law at the University of Western Ontario, a columnist for the Lawyers Weekly, and an outspoken critic of the post-modernist orthodoxy that holds sway in Canada's legal and academic communities.
In 1997, this same court amended Section 100 of the original 1867 Constitution of Canada Act to include a requirement that Parliament must establish an independent and impartial compensation commission to determine salaries and pension benefits for judges.
The arbitrary decision of the Supreme Court of Canada in the 1988 Morgentaler case reduced Canada to the ignominious status of the only ostensibly democratic country in the world with no legal protection for the life of babies in the womb.
www.theinterim.com /2004/mar/22supreme.html   (728 words)

  
 Directors Duties Defined: The Supreme Court of Canada Confirms that Directors Owe No Fiduciary Duty to ...
While the decision of the Court of Appeal, in refusing to follow the Trial Judge’s suggestion that Canadian company law should “evolve” in that direction, had provided some solace, the Supreme Court’s decision will certainly be welcomed in the boardrooms of the country.
The Supreme Court took pains to point out that the Canadian legal landscape with respect to stakeholders - of which creditors are but one set - is unique, and that, in particular, the oppression remedy of section 241 (2)(c) of the CBCA grants the broadest rights to creditors of any common law jurisdiction.
The court pointed out that the civil law serves as a supplementary source of law to federal legislation such as the CBCA, and that it is thus appropriate to refer to the Quebec Civil Code to determine how rights grounded in a federal statute should be addressed in Quebec.
www.hg.org /articles/article_749.html   (1292 words)

  
 Supreme Court Act
At least three of the judges shall be appointed from among the judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that Province.
The Court may be convened at any time by the Chief Justice or, in the event of the absence or illness of the Chief Justice, by the senior puisne judge, in such manner as is prescribed by the rules of Court.
The Court may, in its discretion, order the payment of the costs of the court appealed from, of the court of original jurisdiction, and of the appeal, or any part thereof, whether the judgment is affirmed, or is varied or reversed.
laws.justice.gc.ca /en/S-26/text.html   (5277 words)

  
 Canadian Children's Rights Council - Supreme Court of Canada - Corporal Punishment Decision
The Supreme Court of Canada decided that section 43 of the Criminal Code is constitutional; it found that section 43 does not violate a childs rights to security of the person and equality, and is not cruel and unusual punishment.
In its decision of July 5, 2000, the Ontario Superior Court of Justice upheld the constitutionality of section 43 and found that it was consistent with Canadas obligations under the United Nations Convention on the Rights of the Child.
The Supreme Court of Canada has upheld a century-old law that allows parents, teachers and caregivers to spank children, but ruled the use of corporal punishment be confined to children between the ages of two and 12.
www.canadiancrc.com /Child_Abuse/Supreme_Court_Case_Spanking.htm   (2696 words)

  
 List of Supreme Court of Canada cases - Wikipedia, the free encyclopedia
This is a chronological list of notable cases decided by the Supreme Court of Canada.
Canada [1999] 1 S.C.R. 497 :Re-articulation of s.15 of the charter analysis with a focus on "human dignity".
Canada (Minister of Citizenship and Immigration): detainment of terror suspect
en.wikipedia.org /wiki/List_of_Supreme_Court_of_Canada_cases   (1715 words)

  
 Department of Justice: Reference to the Supreme Court of Canada
On June 10, the Ontario Court of Appeal ruled that the opposite-sex requirement for marriage is unconstitutional and directed that marriage in the province of Ontario be open to same-sex couples.
The Supreme Court has also heard many important references that provincial governments have made to their courts of appeal (and which were subsequently appealed to the Supreme Court).
The Court can decide to cover such matters as who should be notified of the reference, who is to manage the reference process, what material should be placed before the Court to form the factual underpinning to the reference, and deadlines for interested parties to apply to intervene.
canada.justice.gc.ca /en/news/nr/2003/doc_30946.html   (1000 words)

  
 Supreme Court of Canada Rejects Aboriginal Commercial Logging Rights
The Supreme Court upheld the trial courts’ decisions that, on the evidence before them, commercial logging was not one of the traditional trading activities that the treaties were intended to protect.
On the question of continuity, the Court held that modern-day claimants of aboriginal title must establish a connection with the pre-British sovereignty group upon whose use and occupation of the land the aboriginal title claim is based.
While the Supreme Court recognized that the aboriginal perspective was important in assessing whether aboriginal title has been established, and that it was important to take into account oral histories and other traditional knowledge of aboriginal groups in making that assessment, aboriginal title is at root a common law right.
www.hg.org /articles/article_786.html   (1429 words)

  
 REFERENCE TO THE SUPREME COURT OF CANADA
The Government of Canada believes that the Constitution must be respected in all cases, but especially in a process as serious as the possible secession of a province.
The courts are the guardians of the Constitution.
The Government of Canada believes that the Constitution is capable of accommodating any change to the federation or its institutional structures, including even such an extraordinary change as the secession of a province.
canada.justice.gc.ca /en/news/nr/1997/fact.html   (2293 words)

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