Sentences with phrase «majority reasons»

A return to the old, discarded approach of correctness review for «jurisdictional questions,» recently advocated by a minority of the Supreme Court in Guérin, should be rejected for all the good reasons offered both long ago (see N.B. Liquor at p. 233) and recently (Halifax); and see the compelling majority reasons of the U.S. Supreme Court in Arlington.

In the Supreme Court, the principal majority reasons were given by Lord Toulson (with whom Lady Hale, Lord Kerr and Lord Wilson concurred).

But, you are right that the majority reason for most is the Bible, and I see absolutely nothing wrong and everything right with actually having a moral code that you can point to for society.

In separate (brief) reasons for judgment, Justice Gageler agreed with the conclusion in the majority reasons that Barbaro does not apply to civil penalty proceedings and joined in the proposed orders.

The Chief Justice was writing in dissent, but the views she expressed, quoted above, are consistent with the majority reasoning in Pro Swing.

-- my interest today is less in attacking the majority reasons (ably critiqued by Rothstein J. in dissent and by Leonid Sirota) than in assessing Cromwell J.'s concurring reasons.

[49] Justice Deschamps adopts a narrow interpretation of the majority reasons in Health Services, stating that they merely recognized «that freedom of association includes the freedom to engage in associational activities and the ability of employees to act in common to reach shared goals related to workplace issues and terms of employment» (para. 308)...

Justices Coté and Moldaver agreed with the majority reasons with respect to the duty to consult under section 35, but disagreed with their analysis o n the section 2 (a) right to freedom of religion.

I suspect the dissenting judge would have agreed with this much of the majority reasons, if she had thought it necessary to comment.

And of the Quebec Court of Appeal judges, the dissenting reasons of Dalphond J.A. are preferable to the majority reasons of Wagner J.A. (who is now a member of the Supreme Court, though obviously he did not sit on this appeal).

The majority reasons of Justices McDonald and Wakeling state, at para. 5, that Sargent had no previous criminal history.

Applying a Chevron deference analysis, the majority reasoned that an agency regulation interpreting an ambiguous statute is entitled to deference if:

There was no oral argument on the standing issue during the hearing, which is striking given the extensive discussion in Rothstein J.'s majority reasons.

«There's a potentially legitimate concern that's expressed in the majority reasons of the inquiry panel,» adds MacKenzie.

The majority reasons (which Justice Moldaver signed on to!)

For Karakatsanis J., who wrote the majority reasons, «the principles in Dunsmuir should provide the foundation for any future direction», although «any recalibration of our jurisprudence should await full submissions» (at para. 20).

As Adam Dodek has observed, the majority reasons in Martin v. Gray may be read as deferential to the legal profession.

You'd think that somebody in the editorial department of the newspaper involved would know the difference between statements in dissenting reasons and the majority reasons but, in the spirit of the season, I'll let that pass.

Nonetheless, the majority reasons, cast in broad terms, appear to urge a generally narrower reading of section 92 (10) and to place some emphasis on physical operations across interprovincial boundaries before an activity properly falls within section 92 (10).

In characterising the inter-tidal zone, the courts followed the majority reasoning in the Full Court judgment of Risk.66 In that case, the issue was whether the seabed of bays and gulfs beyond the low water mark could be the subject of a claim under the ALRA; that is, whether it was classified as «land in the Northern Territory».67 The majority judgment in Risk concluded that it was not.