Sentences with phrase «federal court judge shira»

It in all likelhood will take a Federal Court judge to return our civil liberties to our Industry.

and then TREB appealed and in the meantime this Federal Court Judge has stayed the proceedings until TREB's appeal is heard.

The result, as former Federal Court judge Murray Wilcox observed in his response to the 2009 Mabo Oration, is that for many Aboriginal people «native title has become a mirage».

[41] In the High Court case of Wilson v Minister for Aboriginal and Torres Strait Islander Affairs, [42] the majority of Court held that the appointment of a Federal Court judge to prepare a report for a Commonwealth Minister was invalid.

The majority of Court held the procedure provided for resulted in the position of the Federal Court Judge not being an independent one but rather «a position equivalent to that of a ministerial adviser» [43] and that this compromised «public confidence in the integrity of the judiciary as institution or in the capacity of the individual judge to perform his or her judicial functions with integrity».

Murray Wilcox, a former Federal Court judge, has also commented on the significance of formal recognition for native title claimants:

In preparing this Report, I spoke to Justice Wilcox about his observations as a Federal Court judge who sat on native title cases.

This is an essential condition, save where it can be established before a Federal Court judge that:

In what could become the largest - ever employer - related settlement claim, a Federal Court judge ruled that school bus contractor, First Student, is part of a proposed $ 5.9 million settlement fixed to criminal background checks that were conducted without written permission.

does not state that a Military Court judge, a Tax Court judge, Federal Court judge, or a Federal Court of Appeal judge can be appointed to the SCC.

The Supreme Court Act does not state that a Military Court judge, a Tax Court judge, Federal Court judge, or a Federal Court of Appeal judge can be appointed to the SCC.

However, in 2002, a Federal Court judge decided that Chesters was not being discriminated against because she was disabled, she was refused landing because of cost — a cost applied to everyone.

The Federal Court Judge also noted that Health Canada was planning to revise the Afghanistan Guidelines...»

«What the Federal Court judge has said is not that the adjudicator was wrong, but that some of her analysis was problematic and she needs to re-do the analysis and come to a new conclusion,» says Kastner.

In a legally unrelated matter, Globe & Mail reports, today, that a Federal Court judge «has ordered the fed gov» t «$ 200,000 in legal costs incurred by Jean Chrétien in his fight to restore his name after being blamed for the sponsorship scandal by the Gomery inquiry in 2005.

Constitutional expert Professor Peter W. Hogg, C.C., Q.C., has also reviewed Mr. Binnie's opinion and has said he is «in complete agreement with the Honourable Ian Binnie's conclusion that a person who has been a member of the Québec Bar for 10 years and is now sitting as a Federal Court judge is eligible to be appointed to the Supreme Court of Canada from Québec.»

Backgrounders on the Supreme Court of Canada appointments selection process and on the appointment of a federal court judge to the Supreme Court of Canada are also attached

Former Federal Court judge Judith Snider presented her top 10 tips for IP litigators at the Intellectual Property Law Section's IP Day Thursday in Ottawa.

An inquiry into the conduct of Federal Court Judge Robin Camp when he presided over a sexual assault trial raises some hard questions about the impartiality of the Canadian justice system.

The FCA held that the Federal Court's finding that these facts were relevant was a question of mixed fact and law and the Minister had not demonstrated palpable and overriding error by the Federal Court judge.

In paragraphs 68 and 69 of her reasons the Federal Court Judge noted that:

This is what the Federal Court judge did.

Canada (Citizenship and Immigration) v. Harkat, 2014 SCC 37 (34884) The Immigration and Refugee Protection Act regime is constitutional; in the present case, the process was fair, the Federal Court judge committed no reviewable errors in finding the ministers» decision to declare Mr. Harkat inadmissible to Canada was reasonable.

James O'Reilly, now a federal court judge, served as McLachlin's executive legal officer for two and a half years, and saw first - hand how she processes information.

But, of course, the Judges Act would be trumped by the Constitution in the case of a conflict, and the question whether a brief stay on the Quebec courts allows a federal court judge to circumvent the criteria in the Supreme Court Act is one that can only be assessed on the facts of a particular case.

The Federal Court Judge reviews the information and determines whether, on the basis of the evidence, to uphold the Security Certificate.

Before it was created, a Named Individual had to rely on the Federal Court Judge to consider their interest.

Equally comfortable arguing a specific point of law to a federal court judge as he is explaining the big picture to a state court jury, Ian uses every aspect of his experience to get the best possible result for his clients.

Almost a year after the Federal Court struck down the health care restrictions to refugees, a second Federal Court judge ruled in Y.Z. v. Canada (Minister of Citizenship and Immigration) that restrictions imposed on some refugee claimants to an appeal body called the Refugee Appeal Division violated s. 15 of the Charter.

C.A., April 25, 2012)(34884) May 14, 2014 The Immigration and Refugee Protection Act regime is constitutional; in the present case, the process was fair, the Federal Court judge committed no reviewable errors in finding the ministers» decision to declare Mr. Harkat inadmissible to Canada was reasonable.

In particular, the Federal Court judge was concerned about the court's access to evidence contained in the memo.

The Federal Court of Appeal allowed the appeal, holding that it was not appropriate for the Federal Court judge to rely on the decision of the New York Court of Appeals to effectively overturn relevant decisions of the Alberta and British Columbia courts.

Federal Court judge under review for berating sex assault complainant.

It remains to be seen whether the policy considerations raised by the Federal Court judge will have any impact in other circumstances.

The Federal Court of Appeal held that the proper question was therefore whether the Memo was privileged under the laws of those provinces, rather than what the law should be based on the policy concerns of the Federal Court judge.

A lawyer and his or her legal team can help you gather all of the paperwork necessary to build a solid claim, present your case before an Administrative Law Judge or Federal Court Judge and cross examine any witnesses the Administration may bring to testify against you.

HARRY POTTER LEXICON BREACHED COPYRIGHT — In September 2008, a U.S. federal court judge held that a proposed book called The Harry Potter Lexicon contained no substantially new material and it breached copyright in the J.K. Rowling's Harry Potter series.

Federal Court judge overturns parole board condition that bars Robert Latimer from leaving country, Toronto Star

A Federal Court judge in Vancouver on Wednesday ruled medical marijuana patients have the constitutional right to grow their own cannabis, striking down a ban introduced by Stephen Harper's previous Conservative government.

we noted one of the signs of the coming Legal Profession Apocalypse, namely that a California federal court judge, without any provocation or precipitating incident whatsoever, ordered opposing counsels in a trial to preemptively draw up a «civility code» under which they would conduct themselves.

It is important to remember that the reason there is now a Fair Elections Act before Parliament is what Federal Court Judge Richard Mosley identified as widespread voter suppression tactics during the 2011 campaign.

A Federal Court judge provides a policy analysis

The Mirena perforation cases failed because plaintiffs» attorneys could not find experts that the federal court judge hearing the cases would accept.

The Canadian Judicial Council is investigating a complaint brought by the Attorney General of Alberta that calls for Justice Camp's removal from the office of Federal Court judge, a position to which he was later appointed.

In 2003, a federal court judge set out the rule for what has become known as a «legal hold.»

As this issue was about to go to press, the Supreme Court of Canada announced it would hear on Jan. 15 the reference filed by the federal government regarding the Supreme Court Act and the appointment of a Federal Court judge as one of the mandatory three members from Quebec.

The case law I presented to the AG of B.C. / Canada for consideration was of a former Federal Court Judge in New South Wales.

Well, a few months ago U.S. Federal Court Judge Hon. Yvonne Gonzalez Rogers thought she was that somebody.

The manufacturer of a generic version successfully challenged the patent's validity after a Federal Court judge used the promise doctrine in finding the patent holder had over-promised in its application.

The Todd & Weld attorneys also persuaded a federal court judge in Massachusetts to deny Amherst College's request to dismiss a lawsuit they filed on behalf of their client, a male undergraduate student who claims he was expelled as the result of a biased investigation and hearing concerning a female student's accusations of sexual misconduct.