(a) complaints that would otherwise be referred to the Chief Justice of the Ontario Court of
Justice under clauses 51.4 (13)(b) and 51.4 (18)(c), subclause 51.5 (8)(b)(ii) and clause 51.5 (10)(b) shall be referred to the Associate Chief Justice of the Ontario Court of Justice, until the complaint is finally disposed of; and
Not exact matches
The
Justice Department lawsuit will cite a provision of the U.S. Constitution known as the «Supremacy
Clause,»
under which federal laws trump state laws.
Although the Chief
Justice acknowledged that this argument had some merit, the more determinative factor — and the key difference between the statutory immunity provisions relied upon by the ERCB and Alberta Environment — was that the immunity
clause with respect to the former explicitly contemplated the regulator as an entity («the Board or a member of the Board...») whereas the immunity provisions
under the Water Act and the EPEA did not (referring only to «persons» in various capacities; see paras 62 — 71).
Judge Graham expresses in his decision thoughts that by now should be quite familiar to our readers: «The
Justices of the Supreme Court disagree among themselves on the proper role of religion in public life and the extent of the Court's authority to decide these issues
under the Establishment
Clause.
Under the test, first proposed by Supreme Court
Justice Sandra O'Connor in a 1984 case from Pawtucket, Rhode Island, a display violates the Establishment
Clause if it amounts to an official endorsement of religion, that is, if it suggests that the government approves a particular religious message (or disapproves such a message, though that issue does not regularly arise).
Four
justices (from the liberal wing of the court) held that the mandate to purchase insurance counted as a regulation of commerce
under the Commerce
Clause.
The Articles of Impeachment were filed
under obstruction of
justice, violation of the foreign emoluments
clause, violation of the domestic emoluments
clause, undermining the federal judiciary and undermining the freedom of the press.
Write to your MP - www.WriteToThem.com makes it very easy - and tell him or her that you «refuse consent to having your information shared
under any information sharing order», and ask him or her to vote to have
Clause 152 removed entirely from the Coroners and
Justice Bill.
«Having concluded that the Commissioner's implementation and usage of Education Law... is not unconstitutional
under either Due Process
Clause, the Court obviously must conclude that the statute is not unconstitutional on its face,» Acting Supreme Court
Justice Roger D. McDonough wrote in his ruling.
Justice Antonin Scalia wrote for the court and concluded his majority opinion by declaring: «We hold that imposing an increased sentence
under the residual
clause of the Armed Career Criminal Act violates the Constitution's guarantee of due process.»
4 (3)(k) personal information contained in a court file, a record of a judge of the Court of Appeal of Alberta, the Court of Queen's Bench of Alberta or The Provincial Court of Alberta, a record of a master in chambers of the Court of Queen's Bench of Alberta, a record of a sitting
justice of the peace or a presiding justice of the peace under the Justice of the Peace Act, a judicial administration record or a record relating to support services provided to the judges of any of the courts referred to in this
justice of the peace or a presiding
justice of the peace under the Justice of the Peace Act, a judicial administration record or a record relating to support services provided to the judges of any of the courts referred to in this
justice of the peace
under the
Justice of the Peace Act, a judicial administration record or a record relating to support services provided to the judges of any of the courts referred to in this
Justice of the Peace Act, a judicial administration record or a record relating to support services provided to the judges of any of the courts referred to in this
clause.
(2) There shall be such additional offices of supernumerary judge of the Superior Court of
Justice and member of the Family Court as are from time to time required, to be held by judges referred to in
clauses (1)(d) and (e) who have elected
under the Judges Act (Canada) to hold office only as supernumerary judges.
(3) If the Associate Chief
Justice of the Ontario Court of
Justice or the regional senior judge appointed
under clause 49 (2)(c) is the subject of a complaint, the Chief
Justice of the Ontario Court of
Justice shall appoint another judge of the Ontario Court of
Justice to be a member of the Judicial Council instead of the Associate Chief
Justice or regional senior judge, as the case may be, until the complaint is finally disposed of.
Justice Stratas simply looks past the literal reading of section 110 which clearly does place
clause (c) as conjunctive with the notice provisions set out in
clauses (a) and (b), when he rules «[n] othing in the legislative text of Rule 110 suggests that Rules 110 (a) and 110 (b) are prerequisites to an application for leave to intervene
under Rule 110 (c)» (at para 16).
(13) If the Chief
Justice makes a recommendation for removal
under clause (8)(g), the Attorney General shall table the recommendation, including the ground on which the recommendation is made, in the Assembly.
(a. 1) fixing the number of judges of the Superior Court of
Justice who are members of the Family Court appointed
under clause 21.2 (1)(e);
(e) the judges of the Superior Court of
Justice appointed to be members of the Family Court, the number of whom is fixed by regulation
under clause 53 (1)(a. 1);
(2) A proceeding in the Small Claims Court shall not be transferred
under clause (1)(d) to the Superior Court of
Justice without the consent of the plaintiff in the proceeding in the Small Claims Court.
But in a strongly worded dissent on behalf of himself and
Justices Scalia, Thomas, and Alito, Chief
Justice Roberts argued that such remedies
under the Supremacy
Clause should not be available, lest the Supremacy
Clause provide litigants with a means of making an end - run around their inability to enforce section 30 (A)(the Medicaid statute's critical requirement that states fund Medicaid at levels sufficient to guarantee «equal access» to quality providers) either directly or via 42 U.S.C. § 1983.