Sentences with phrase «on justiciable»

Federal district courts and federal courts of appeal would continue to function and could rule on any justiciable legal issue presented.

At the CFCJ, Ab Currie will develop further this pioneering work on justiciable problems and its insights for access to justice in Canada.

Not exact matches

Like a dinosaur with its head removed, the doctrine will no doubt continue to stumble on, but it is high time it was put out of its misery in favour of a codified and justiciable written constitution.»

«ARL will be arguing that the Court should not recognize a justiciable duty to consult at any stage of the law - making stage as it would be contrary to the constitutional principles of parliamentary sovereignty and the separation of powers and would severely impede the law - making process which is integral to the rule of law in Canada,» according to an article on ARL's website.

This stark contrast is explained in a survey that concluded that Canadians get help from lawyers on only 11.7 per cent of their justiciable events.

However, unlike what occurred in the Unwired Planet case, in this action both Defendants sought a stay of the action on the grounds that (a) the actions were not justiciable in the United Kingdom and (b) if they were justiciable, the English Court should stay them on the basis that it was forum non conveniens and that the dispute should be determined in China.

These problems are referred to as being «justiciable» to focus attention on problems experienced by individuals that raise legal issues, regardless of whether they recognize them as legal issues or take action to resolve them.

Moreover, there are very different rates of resolution as well as ways to resolve these justiciable problems, depending on the nature of the problem and its relationship to other justiciable problems.

On January 15, 2018, lawyers for Advocates for the Rule of Law («ARL») will be appearing before the Supreme Court of Canada to make submissions in a case that will consider whether there is a justiciable duty to consult potentially affected Aboriginal groups in the legislative process.

ARL argues that a justiciable duty to consult at any point in the legislative process can not be reconciled with other underlying and fundamental principles of the Constitution and looks forward to the hearing of this important case on January 15, 2018.

Non-lawyers frequently fail to conceptualize their problems as «justiciable events,» often believe they can address their problems on their own, and go to their unions, governments, or friends and family members for help (see table 40 in the above study).

He indicated in R v Higher Education Funding Council, ex parte Institute of Dental Surgery [1994] 1 All ER 651, [1994] 1 WLR 242 that: «The giving of reasons may among other things concentrate the decision - maker's mind on the right questions; demonstrate to the recipient that this is so; show that the issues have been conscientiously addressed and how the result has been reached; or alternatively alert the recipient to a justiciable flaw in the process.

On the contrary, after the Supreme Court ruled in favour of Guerin and held that the fiduciary obligation of the Crown to a First Nation was a real and justiciable obligation and not, as the Crown would have had it, «a mere political trust, a senior Justice official was heard to say of the Court's decision, «They have their view of the law and we have our view of the law.»