Sentences with phrase «legislative intent in»

Erica Anderson, Research Librarian at the Ontario Legislative Library, and Susan Barker, Digital Services and Reference Librarian at the Bora Laskin Law Library, recently wrote an excellent article exploring legislative intent research for the Canadian Parliamentary Review, Cinderella at the Ball: Legislative Intent in Canadian Courts.

The point is that the presumption of expertise should be rebuttable with clear legislative intent in the form of statutory language.

That the legal profession indulges in the fiction of a true or certain legislative intent in most cases speaks, at the very least, to a remarkable intellectual insularity.

That the legal profession indulges in the fiction of a true or certain legislative intent in most cases speaks,... [more]

Not exact matches

But in the case of clergymen, there is considerable evidence of legislative intent; namely, the statutes of 44 states and the District of Columbia (plus the proposed federal Rule of Evidence No. 506).

As expected, the Department of Homeland Security said it would shut down the Deferred Action for Childhood Arrivals program in six months — what officials called an «orderly wind down» — with the intent of giving Congress time for a potential legislative fix.

Based upon the legislative intent to promote open government and public accountability for governmental actions, Freedom of Information Law provides a means of access to the records of government, with certain Exceptions that are enumerated in Public Officers Law § 87 (2).

«The governor believes that his reform package is a balanced approach that would correct real and perceived inequities that exist within the system and he is intent on passing them in the remaining weeks of the legislative session,» Cuomo counsel Alphonso David said, following the governor's meeting with the families in his second floor office in the Capitol.

The legislative intent of the bill is to «ensure that all workers in Albany County can address their own health and safety needs... and the needs of their families...» The legislature found that access to paid sick time promotes a healthy and safe county, reduces the spread of illness, and provides greater flexibility to employees with caregiving responsibilities.

But in an unusually public rebuke of the governor's decision, Bharara said in letters to the commission's chairmen, obtained by the Times, that Cuomo's decision to disband the panel «gives the appearance, although I am sure this is not the intent, that investigations potentially significant to the public interest have been bargained away as part of the negotiated arrangement between legislative and executive leaders.»

«The sequence of these events gives the appearance, although I am sure this is not the intent, that investigations potentially significant to the public interest have been bargained away as part of the negotiated arrangement between legislative and executive leaders,» he wrote in a letter to commissioners.

I believe that it reflects the legislative intent of the Innovation law in that it clarifies the relationship between schools and the district while preserving district oversight of schools in terms of performance.

Republican board member, Thomas Ratliff, told the Texas Tribune, «I certainly think it flies in the face of legislative intent.

Even though thousands of voters were clear in their message to Lansing on several extreme legislative efforts in the November election and during December's lame duck session, a force in Lansing is intent on -LSB-...]

While many colleges and universities say that graduates of redesigned high schools will not be disadvantaged in the admissions process, 66 family concerns about college admissions might inhibit enrollment in new high schools that use competency - based approaches.67 At least one state, Utah, has passed legislative language with the intent to bar public institutions of higher education from treating graduates of competency - based high schools unfairly during the admissions process.68 As new issues and challenges emerge, states will need to remain vigilant and creative about how to best encourage and enable innovative high school designs.

Our primary argument before the Texas Supreme Court focused on the legislative intent behind the 2015 amendments to Chapter 12 of the Education Code and the comprehensive statutory framework set forth by the state legislature for public charter schools in Texas.

«While legislators had valid reasons for promulgating the PFIC regulations, namely to discourage US citizens from deferring or avoiding US taxation by investing in non-US corporations, the PFIC rules are over-inclusive In practice, the PFIC regime captures assets that do not facilitate the legislative intent of preventing tax evasion and tax deferrain non-US corporations, the PFIC rules are over-inclusive In practice, the PFIC regime captures assets that do not facilitate the legislative intent of preventing tax evasion and tax deferraIn practice, the PFIC regime captures assets that do not facilitate the legislative intent of preventing tax evasion and tax deferral.

The original intent of then HB - 350 was, first and foremost, to do away with decompression chambers that were indeed a most inhumane way to destroy unwanted pets and, in fact, by 1983 many states across the country had already outlawed this depraved and practically medieval contraption.  Alas, nothing legislative is simple in Pennsylvania's agriculturally driven general assembly.Â

In the case of puppy mills the greatest efforts have gone into exposing the horrors of factory farming pets, with the intent of generating public support for legislative measures that will improve conditions in high - volume breeding operationIn the case of puppy mills the greatest efforts have gone into exposing the horrors of factory farming pets, with the intent of generating public support for legislative measures that will improve conditions in high - volume breeding operationin high - volume breeding operations.

07/24/13 - Cleveland Scene - Caged: How Ohio Politicians Keep the State's Puppy Mill Business Booming with Little Regulation 06/27/13 - Animal Law Coalition - Proposed OH Puppy Mill Regulations «Terrible» 05/13/13 - Bargain Hunter - Dog kennel inspectors will be focused on Holmes county, surrounding areas 11/29/12 - The Best Friends Blog - After decades of frustration, a new strategy against puppy mills Excerpt from this article: In the case of puppy mills the greatest efforts have gone into exposing the horrors of factory farming pets, with the intent of generating public support for legislative measures that will improve conditions in high - volume breeding operationIn the case of puppy mills the greatest efforts have gone into exposing the horrors of factory farming pets, with the intent of generating public support for legislative measures that will improve conditions in high - volume breeding operationin high - volume breeding operations.

When the language of a statute is both vague and ambiguous, the attempt to discern legislative intent is an exercise in futility.

In this case, after performing a contextual analysis of legislative intent, the Court of Appeal held that the prejudgment interest amendment was intended to have retrospective effect.

No legislative intent is visible in the enactments here to categorize this offence as one of absolute liability.

Without a clear and unequivocal expression of legislative intent, it's not open to the courts to depart from a recognized common law rule in this regard.

In any event, the purpose of the bill should be found in the Preamble, or failing this should be found by the statement of the bill's sponsor at 2d reading further to the rule in Pepper v. Hart (UK) which is admissible in Canada as evidence of the legislative intent of the particular bilIn any event, the purpose of the bill should be found in the Preamble, or failing this should be found by the statement of the bill's sponsor at 2d reading further to the rule in Pepper v. Hart (UK) which is admissible in Canada as evidence of the legislative intent of the particular bilin the Preamble, or failing this should be found by the statement of the bill's sponsor at 2d reading further to the rule in Pepper v. Hart (UK) which is admissible in Canada as evidence of the legislative intent of the particular bilin Pepper v. Hart (UK) which is admissible in Canada as evidence of the legislative intent of the particular bilin Canada as evidence of the legislative intent of the particular bill.

The Court found no support in the legislative history of any intent to broaden judicial review of arbitral awards or to permit the Court to vacate an award on «any reasonable basis.»

Not only did the Court find no legislative history to support an argument that the D.C. Council intended to expand or to deviate from the existing and limited standard of review, but the Court, in reviewing the drafting history of the Revised Uniform Arbitration Act, found likewise — that there was never any intent to abandon the standard of narrow and extremely limited judicial review of an arbitration award.

The difference there, however, is that legislative intent is clear; in the present case, the appellant seemed to be taking advantage of a lack of clarity in the Cpc.

In such a case, the courts are likely to re-interpret the wording of the statute so that it is sensible to talk about «divulging» (the court always find an intent underlying the words of a legislative body).

Moreover, and what was recognized in the original legislative intent, firms may have trouble valuing WIP, especially risky litigation files.

Paper addresses the legislative history of Bill 187 with its original stated intent (to eliminate deeming); expansion of deeming in the subsequent draft policies by introducing the concept of «under - employment»; recommendations for a policy that complies with past practice, founding principles and current wording of the Act; call for Board research on employment outcomes after retraining.

For the Court of Appeal, Horizon's interpretation would ``... require this Court to divine legislative motivations that go beyond the legislative intent as expressed in the words of the statute.»

Given that the authority to determine the meaning of «expenses» had been vested in the tribunal and not in the courts, Justices LeBel and Cromwell's insistence that the tribunal interpret statutory provisions as if it were a court flew in the face of legislative intent.

Learn how to trace federal legislation back in time, note up legislation, and research legislative intent.

[7] The goal was to capture legislative intent and, particularly, the degree of deference the legislature intended that reviewing courts should accord in respect of the decision under review.

While the result is a cumbersome calculation, I see no need to resort to any exceptional construction of the legislation, as discussed by Lamer J., as he then was, in R. v. Paul, [1982] 1 S.C.R. 621 at 662, in order to achieve the legislative intent of ss.

In this Decision this AER Panel has interpreted REDA and the AER Rules in accordance with the legislative intent with some surprising sensitivitIn this Decision this AER Panel has interpreted REDA and the AER Rules in accordance with the legislative intent with some surprising sensitivitin accordance with the legislative intent with some surprising sensitivity.

It may be that due respect for legislative intent is reflected not in semantics or presumptions about what sort of review attends a question of law, but in realistically defining what is a question of law (as compared to exercise of discretion or mixed fact and law).

How would we reconcile the ordinary meaning of the words taken in their entire statutory context with this conflicting legislative intent?

Review agency and legislative hearings and transcripts to determine intent, potential additions and changes in the law, or for additional guidance to assess the impact on industry and company practices

[3] In the administrative law context this means that, in each judicial review case, a reviewing court must make a genuine and thorough effort to ascertain the legislative intenIn the administrative law context this means that, in each judicial review case, a reviewing court must make a genuine and thorough effort to ascertain the legislative intenin each judicial review case, a reviewing court must make a genuine and thorough effort to ascertain the legislative intent.

The Alberta Court of Appeal gave us a surprising new exception to the presumption of deference owed to statutory tribunals by ruling in Capilano, ABCA that the statutory right of appeal set out in section 470 of the Municipal Government Act demonstrates a legislative intent for an intrusive judicial role into municipal property tax assessment and therefore is an indication that the standard of review should be correctness (see Where Are We Going on Standard of Review in Alberta?

In my view, when administrative decision - makers come into contact with the ordinary courts, reference to legislative intent may provide a more promising analytical framework than reliance on judicial discretion.

For the second issue, the court determined that it was not necessary to determine whether the prejudgment rate was substantive or procedural in nature but rather held that the legislative intent of the change intended to apply to causes of action that had already arisen but had not yet been tried.

In terms of legislative intent, St - Pierre J.A. recognized that the Barreau possesses significant powers to assure confidentiality.

This solution has the potential to achieve the balance that has thus far eluded the Court between both Congress» legislative intent behind the original enactment of the mandatory sentencing guidelines, and the Court's Sixth Amendment concerns raised in Booker.

Stratas cites the SCC's recent decision in Kanthasamy v. Canada (Citizenship and Immigration)(in which the court set aside the rejection of a humanitarian residency application) as a «baffling» case where the court flouted its own principle of «legislative supremacy» by ignoring Parliament's expressly stated intent that the Federal Court of Appeal should have the final say in the matter.

He also disagreed over the legislative intent of the s. 16 history, citing the House of Commons, Minutes of Proceedings and Evidence of the Legislative Committee on Bill C - 15, No. 2, 2nd Session, 33rd Parl., December 4, 1986, to highlight that nothing in the 1987 amendments suggests a mere verbal ability would be legislative intent of the s. 16 history, citing the House of Commons, Minutes of Proceedings and Evidence of the Legislative Committee on Bill C - 15, No. 2, 2nd Session, 33rd Parl., December 4, 1986, to highlight that nothing in the 1987 amendments suggests a mere verbal ability would be Legislative Committee on Bill C - 15, No. 2, 2nd Session, 33rd Parl., December 4, 1986, to highlight that nothing in the 1987 amendments suggests a mere verbal ability would be sufficient,

Legislative intent also plays a role in setting the range of reasonable outcomes.

[39] These are very broad principles, of course, but in Canadian administrative law they tend to equate with, respectively, the protection of constitutional fundamentals (including rights) and giving effect to legislative intent.