Sentences with phrase «of federal jurisdiction»

The Supreme Court overturned the decision, holding that the provision relating to maternity benefits represents a valid exercise of the federal jurisdiction over unemployment insurance.

Steven Barrett and Charlene Wiseman represented the Canadian Labour Congress, which intervened in the appeal in support of the federal government's position that the provision of maternity benefits was a valid exercise of the federal jurisdiction over unemployment insurance.

The Court of Appeal determined that while there was a monetary aspect to the case, the essence of the case concerned the management and possession of Sechelt's lands, which is a core element of federal jurisdiction under s. 91 (24).

Is there an argument that EULAs would be a matter of federal jurisdiction as part of services (or goods, at times) offered through telecommunications?

The second step will be a separate notice and comment rulemaking that will consider developing a new definition for the extent of federal jurisdiction under the CWA.

Aboriginal rights fall at the core of federal jurisdiction under s. 91 (24) of the Constitution Act, 1867.

Meanwhile, some people are beginning to ask where U.S. Rep. Chris Gibson is on this important issue of federal jurisdiction.

He has worked with the Federal Judicial Center to teach all incoming federal judges and provide annual update seminars to all federal circuits on the intricacies of federal jurisdiction and federal practice.

In Gunn v. Minton, the Supreme Court restricted the scope of federal jurisdiction over state - law claims with embedded patent issues.

A measure opposing the imposition of federal jurisdiction over child custody cases involving members of the military and urging that military deployment not be the sole reason to deny child custody.

The nature of the Internet as an interprovincial and international communications system posits a strong argument in favour of federal jurisdiction over related works and undertakings - notwithstanding the possibility that Internet telephony and Web broadcasting, for example, may also fall under traditional federal regulatory scrutiny.

This has provided an interpretive basis for the extension of federal jurisdiction over telecommunications and television and radio broadcasting.

Defended insurers in a manufactured gas plant coverage action and successfully argued for retention of federal jurisdiction, based upon FSIA, 28 USC section 1441 (d).

The purpose of maternity benefits is to protect workers» incomes from the time they lose or cease to hold their employment to the time they return to the labour market, the Supreme Court held, and this is consistent with the essence of the federal jurisdiction over unemployment insurance.

The Bill is intended to protect individuals from discrimination within the sphere of federal jurisdiction and from being the targets of hate propaganda, as a consequence of their gender identity or their gender expression.

In that case, McCaleb v Rose, the appellant argued that provincial enactments could no longer be excluded on the basis of federal jurisdiction over «lands reserved for Indians» following Tsilhqot» in.

The Canadian Human Rights Act and the Employment Equity Act provide that the principles of non-discrimination and of equal opportunity be followed in areas of federal jurisdiction, such as:

Unless a business comes within the definition of federal undertaking in the Canada Labour Code, no question of federal jurisdiction in labour relations arises.

Unless the work or undertaking falls within one of the established categories of federal jurisdiction or is integrally connected to such an undertaking, it is provincial and the provisions of the Canada Labour Code do not apply.

Holding that confederation was essentially a «compact» among the provinces, he took a dim view of the Macdonald government's expansive interpretation of federal jurisdiction under section 91 of the BNA Act.

It must be assumed that CEAA 2012 was intended to operate within the confines of Federal jurisdiction pursuant to sections 91 and 92 of the Constitution Act, 1867.

He practiced before both federal and state courts across the United States, and, in addition to Pennsylvania, is admitted to practice in a number of federal jurisdictions, including the Supreme Court.

That plaintiff pleaded claims brimming with FDA standards and allegations of violations of federal law further demonstrated the propriety of federal jurisdiction.

The EPA has submitted proposed regulations for review by the White House Office of Management and Budget that would dramatically expand the reach of federal jurisdiction of waters of the U.S. EPA is expected to release this proposed rule in mid-2014.

Since copyright is a matter of federal jurisdiction and since s. 12 of the Copyright Act specifically addresses the circumstances in which Crown copyright arises, an interpretation of provincial legislation that creates a new basis for Crown copyright (the deposit and registration of documents) might take the legislation beyond the scope of provincial competence.

The court was careful to make clear that the CDSA as a whole was a valid exercise of federal jurisdiction over criminal law and that the statute itself was not contrary to the Charter.

Lack of federal jurisdiction would threaten uniformity, subjecting the PFOF programs to differing state contract laws.

The Outer Continental Shelf is defined by the federal government as all «submerged lands, subsoil, and seabed, lying between the seaward extent of the States» jurisdiction and the seaward extent of Federal jurisdiction.»

Supreme Court of Canada holds that providing for maternity and parental leave benefits is a valid exercise of the federal jurisdiction over unemployment insurance.

The majority of the judgments translated from all of the courts concern areas of law that are of federal jurisdiction and are therefore relevant across Canada: as Mr. Schulze pointed out, this includes constitutional and criminal law, as well as bankruptcy, extradition, Aboriginal, and a few other areas.

Interjurisdictional immunity prevents provincial laws from «impairing» federal regulation of the «protected core» of a federal jurisdiction.

The siting of a radiocommunication antenna system represents an exercise of federal jurisdiction.

If so, would it be a matter of federal jurisdiction, as dealing with (electronic) bills and notes, or provincial, as dealing with property and civil rights within the province — or both?