Sentences with phrase «of jurisdictional questions»

Indeed, if the Court's treatment of the category of jurisdictional questions in Alberta Teachers» Association suggests a willingness to narrow the categories of correctness review in order to be more deferential, [75] this aim will be frustrated if the standard of reasonableness is applied in a nondeferential manner.

In setting out the categorical approach, and presaging the view taken by Justice Rothstein in Alberta Teachers» Association, Justices LeBel and Cromwell held that the category of jurisdictional questions was to be construed «narrowly».

As to the broader question of whether the category of jurisdictional questions ought to be retained, Justice Rothstein's reasons indicate an openness to abolishing the category altogether.

Justice Rothstein's artful avoidance of a direct conflict between the category of jurisdictional questions and the category of interpretations of a home statute prevented the shortcomings of the categorical approach from being further exposed.

Not exact matches

Jagmeet Singh, meanwhile, waded into the impasse in Ottawa by proposing that the Trudeau Liberals work with the British Columbia government on a joint reference question to the Supreme Court of Canada, fast - tracking a resolution to what the federal NDP leader calls jurisdictional issues arising from B.C.'s objections to the project.

A high - ranking New Zealand military officer has been accused of hiding a camera in a bathroom at the nation's embassy in Washington in a case that has raised unusual jurisdictional questions.

The province has put a jurisdictional question before the courts, asking whether it has the authority to regulate the transport of heavy oil in the province.

It would be natural, then, to make Orthodox theological anthropology the overarching theme of the Council and to address all other questions — such as jurisdictional disputes, ecumenical dialogue, and human rights — as embraced in the common Orthodox vision for the renewal of humanity.

The question of whether this innovation, as well as the elevation of the bishop of Rome to jurisdictional authority over the whole church, is a genuinely catholic move remains to be resolved.

The workshop will go over questions such as: How should partner jurisdictions develop a robust safeguards system as part of their jurisdictional REDD + programs?

Two key factors appear to have persuaded the NLRB on the jurisdictional question: (1) the Texas Commissioner of Education's ability to reconstitute the governing board of a charter school, including the power to make appointments to the board upon reconstitution; and (2) the power of reconstitution is unreviewable unless arbitrary or clearly erroneous.

... The problem raised by attempts to escape the contract tribunal so as to seek enforcement in the courts of rights arising under a collective agreement negotiated within the framework of a collective bargaining regime, solely on the grounds that the agreement does not explicitly address the jurisdictional question, is an equally profound difficulty.

The «standard of correctness» is used in respect of jurisdictional and other questions of law.

The Supreme Court of Canada has been feverishly productive in the field of administrative law since the Fall of 2011, rendering decisions on standard of review (questions of law, jurisdictional error and labour arbitrators), the right to reasons, issue estoppel, attempts to pre-empt the administrative decision - making process, and review of municipal by - laws.

This is perhaps one of the drawbacks of the clear focus on the research question pursued throughout the book: While the resulting study is very coherent and interesting to read, the focus lies very strongly on jurisdictional and court - related issues.

The decision states that while court hearing fees are permissible in principle, those that present «undue hardship» to litigants, such that they are discouraged from accessing the court system, violate core jurisdictional principles within the Constitution: «The historic task of the superior courts is to resolve disputes between individuals and decide questions of private and public law.

Sometimes these issues are framed not as «jurisdictional» per se, but as «conflict of law» questions limited by the constitution.

The question of whether Chevron Canada's assets can be accessed to pay Chevron's judgment debts was not relevant at this juncture, and is an issue to be addressed after the preliminary jurisdictional stage, after Chevron Canada has an opportunity to file a Statement of Defence.

In summary, as the analysis will be subsequently focus on the jurisdictional question, the AG favours a more or less full protection of a company's personality rights under Article 16 and 17 of the EU Charter (paras 41 - 51) but also stresses that companies enjoy certain rights under national statutory law, which is why the question does not require addressing in the first place (paras 52 - 60).

By defining jurisdictional questions almost out of existence, Justice Rothstein avoided this conflict.

Correctness applies to (1) constitutional issues; (2) questions of general law «both of central importance to the legal system as a whole and outside the adjudicator's specialized area of expertise»; (3) the «drawing of jurisdictional lines between two or more competing specialized tribunals»; and (4) «true question [s] of jurisdiction or vires.»

Successfully defended a claim for unfair dismissal and breach of contract which involved complex jurisdictional questions (Cyprus, Scotland, England).

I begin with the one that has captivated the attention of every administrative lawyer for far too long: «true jurisdictional questions».

Essentially, the judge questions the parties to ensure that they understand the course of action they are taking, that the jurisdictional requirements of the case are met (for example, that the couple has lived in the state and the county for the required period of time) and that they both truly do agree to enter into the agreement of their free will.

Questions of fact attract a great deal of deference; unless the fact is classified as jurisdictional.

Bluntly stated, yet with great respect; the law has spent more than forty years looking for the true jurisdictional question, twenty years trying to assess the relative expertise of tribunals, ten years trying to convince everyone of a meaningful distinction between two deferential standards of review and now another possible lifetime wandering the administrative galaxy looking for questions of law of central importance to the legal system.

The law's continuing fascination with the concept of the true jurisdictional question perpetuates needless uncertainty in the law.

She also considered whether «jurisdictional defect» includes not only true questions of jurisdiction but also excesses of jurisdiction such as errors of fact, law, or discretion offending the applicable standard of review.

We respectfully submit that an important jurisdictional issue and constitutional question is presented by this case, and that a failure of the Supreme Court to review the findings of the Board of Governors will have the effect of voiding the Judicial Immunity Doctrine, and will destroy the justification for the existence of the Judicial Conduct Commission.

There is an important jurisdictional question raised by the attempt of the KBA to discipline a judge for acts taken by the judge in his jurisdiction without the referral by the Judicial Conduct Commission.

The exception for general legal questions of substantial importance is narrow, deference on Charter interpretations has taken a bite out of the exception for constitutional questions, and jurisdictional review is withering away.

The standard of correctness governs: (1) a constitutional issue; (2) a question of «general law «that is both of central importance to the legal system as a whole and outside the adjudicator's specialized area of expertise»»; (3) the drawing of jurisdictional lines between two or more competing specialized tribunals; and (4) a «true question of jurisdiction or vires».

However, where a question of law falls into one of four correctness categories, the presumption is rebutted and correctness applies (Capilano at para 24): These are (i) constitutional questions regarding the division of powers; (ii) issues «both of central importance to the legal system as a whole and outside the adjudicator's specialized area of expertise»; (iii) «true questions of jurisdiction or vires»; and (iv) issues «regarding the jurisdictional lines between two or more competing specialized tribunals».

And the author of the noteworthy comments in Jones was, as Sir Robert Carnwath, the first Senior President of Tribunals appointed under the 2007 Act; in other words, due to historical happenstance, a jurist well placed to appreciate the effects of the 2007 Act found himself involved in a case raising important questions about jurisdictional error and was able to deliver an important reasoned judgment.

The charges in question were apparently based on a strict and rigid interpretation of the SoPs, with the result that the labourers in question were prevented from carrying out work they had been performing safely and skillfully for decades, that was assigned to them under collective agreements, and that in some cases had already been the subject of jurisdictional dispute decisions by the Ontario Labour Relations Board (OLRB).

Question also arises is that whether present petition filed under section 9 of the Arbitration and Conciliation Act, 1996 is an application for enforcement of the::: Downloaded on - 13/05/2014 23:52:29::: Kvm 81/107 ARBP259.13 jurisdictional award, interim award or is simplicitor for interim measures against the respondents independently.

The Supreme Court this week heard oral arguments in the Hawkes vs. U.S. Army Corps of Engineers case, which questions whether the Army Corps of Engineers» «jurisdictional determinations» (JDs)- an official decision as to whether or not a wetland is regulated by the Corps of Engineers - are «final agency actions» that are subject to judicial review.