Sentences with phrase «provincial courts of each jurisdiction»

CanLII's original objective was to build a case - law database for the superior and provincial courts of each jurisdiction with a minimum depth of 10 years.

Not exact matches

In 2011, the Supreme Court sided with the provinces on the main question of jurisdiction, while leaving the door open to federal - provincial co-operation.

Meanwhile, Quebec's Intergovernmental Affairs Minister Jean - Marc Fournier noted the Supreme Court had already established provincial jurisdiction, but would wait to see the details of the new national body before deciding whether to launch a court acCourt had already established provincial jurisdiction, but would wait to see the details of the new national body before deciding whether to launch a court accourt action.

The Supreme Court of Canada considered this inherent substantial jurisdiction of provincial superior courts in Canada (Human Rights Commission) v. Canadian Liberty Net, 1998 CanLII 818 (SCC), [1998] 1 S.C.R. 626 at para. 32:

The provincial «superior» courts have inherent jurisdiction over all causes of action that have not been explicitly provided elsewhere.

In many instances, both the Federal Court and the provincial courts have concurrent jurisdiction but depending on the specific causes of action, your choice may be limited to one of the courts and other facts may influence your choice.

The Supreme Court of Canada, in a 2002 landmark decision, held that governing bodies, such as the provincial law societies, have no jurisdiction generally to sanction or penalize prosecutors for the exercise of their prosecutorial discretion.

As can be seen in this appeal, the creation of national classes also raises the issue of relations between equal but different superior courts in a federal system in which civil procedure and the administration of justice are under provincial jurisdiction.

Criminal Law: Inmate Transfer; Habeas Corpus; Standard of Review; Concurrent Jurisdiction Mission Institution v. Khela (B.C.C.A., Nov. 9, 2011)(34609) Mar. 27, 2014 Federal inmates can access provincial superior courts.

On the other hand, disputes that involve contract disputes or breaches, including licensing agreements may be outside the jurisdiction of the Federal Court and can only be brought in the provincial cCourt and can only be brought in the provincial courtcourt.

The legislation created the Provincial Offences Courts as a separate division of the Provincial Court with exclusive jurisdiction over all provincial offences.

In this case, therefore, the Supreme Court was of the opinion that the decision in Mercure could be extrapolated, so as to infer that linguistic rights were meant to remain within the realm of provincial jurisdiction.

Landmark Charter decisions have become rarer and references to the living tree have declined in recent years.39 In one recent decision, Consolidated Fastfrate v. Western Canada Council of Teamsters, a 6 - 3 majority of the Court employed a traditional division of powers analysis and found that the appellant's business was subject to provincial jurisdiction based on the «nature of its operation» — meaning that it conducted its business entirely within the province — and the long - accepted rule that works and undertakings are generally to be regulated by the provinces.

Add your jurisdiction's Court of Appeal and trial courts decisions, federal and provincial legislative changes, tribunal decisions, municipal and other delegated legislation and you have way more material than any generalist can reasonably consume.

The Court of Appeal found in Quebec's favour, holding that the maternity and parental leave benefits provisions was outside the jurisdiction of the federal government and fell exclusively within provincial jurisdiction.

The Provincial Court of Alberta has jurisdiction to hear all matters of «purely local and provincial concern,» including child welfare and domestic relations (non-divorce, guardianship, custody and access) matters relating to the children of unmarried or never - married parents, or separated parents who are not yet divorcing, except if the proceedings are to establish paternity, in which case the Court of Queen's Bench has jurisdiction.

Canadian courts have recognized that labour relations are presumptively a provincial matter, and that the federal government has jurisdiction over labour relations only by way of exception.

It must also be emphasized that the findings of the Federal Court in State Farm v Privacy Commissioner do not apply in British Columbia, Alberta and Quebec where provincial privacy laws do not rely on «commercial activity» as the basis for jurisdiction.

End - of - life care has what Canadian courts call a «double aspect»: it falls under provincial healthcare jurisdiction and under federal criminal jurisdiction.

There is a precedent here: when the Quebec government asked the Supreme Court of Canada for a reference on whether or not the federal law on assisted reproduction overstepped federal jurisdiction by in effect criminalizing practices that should be considered as falling within the sphere of provincial health policy, an admittedly bitterly divided Court agreed with Quebec's Attorney General, at least with respect to certain key articles of that law.

In his brief post entitled «Clash of Courts: Senior Superior Court judges are suing Québec over its provincial court's jurisdiction; other provinces will be affected if they succeed,» Leonid Sirota focused his readers» attention on a law suit brought by the Chief Justice, Senior Associate Chief Justice, and Associate Chief Justice of Quebec's Superior Court (on behalf of all of the judges of that court), against the provincial government, noting that it has received little attention outside of Quebec, and certainly much less than it shCourt judges are suing Québec over its provincial court's jurisdiction; other provinces will be affected if they succeed,» Leonid Sirota focused his readers» attention on a law suit brought by the Chief Justice, Senior Associate Chief Justice, and Associate Chief Justice of Quebec's Superior Court (on behalf of all of the judges of that court), against the provincial government, noting that it has received little attention outside of Quebec, and certainly much less than it shcourt's jurisdiction; other provinces will be affected if they succeed,» Leonid Sirota focused his readers» attention on a law suit brought by the Chief Justice, Senior Associate Chief Justice, and Associate Chief Justice of Quebec's Superior Court (on behalf of all of the judges of that court), against the provincial government, noting that it has received little attention outside of Quebec, and certainly much less than it shCourt (on behalf of all of the judges of that court), against the provincial government, noting that it has received little attention outside of Quebec, and certainly much less than it shcourt), against the provincial government, noting that it has received little attention outside of Quebec, and certainly much less than it should.

That aspect of the Québec system of courts has no equivalent in other provinces where all provincial court civil jurisdictions are under Small Claims Court proceedcourt civil jurisdictions are under Small Claims Court proceedCourt proceedings.

The Court made a number of comments in reaching this conclusion, which suggest that federalism concerns, and particularly the doctrine of «interjurisdictional immunity» in favour of Canada's exclusive jurisdiction over «Indians and lands reserved for Indians», have no place at all in assessing the infringement of section 35 rights by provincial laws of general application.

In addition to the online system, the Ministry says the monetary jurisdiction of the provincial court's small claims division will increase from $ 25,000 to $ 35,000.

487.01 (1) A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may issue a warrant in writing authorizing a peace officer to, subject to this section, use any device or investigative technique or procedure or do any thing described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person's property if

Any other interpretation, warned the court, could lead to a whole slew of laws being invalidated: environmental or public health regulations, agricultural controls on the production and distribution of eggs, dairy or poultry, for example, and «innumerable» other exercises of provincial jurisdiction.

On judicial review to the British Columbia Supreme Court, the judge characterized the issue between Sechelt and the tenants as one concerning money, not Indian lands, and agreed that the DRO had jurisdiction to hear the dispute and apply the provisions of the Manufactured Home Park Tenancy Act because it is a provincial law of general application.

The Court of Appeal characterized this appeal as «a question about jurisdiction involving the constitutional division of powers between the federal and provincial governments, sometimes termed inter-jurisdictional immunity, as well as the doctrine of paramountcy.»

The offence of murder under s. 235 is an exclusive jurisdiction offence, and so can not be tried before a provincial court judge.

Finally, the Federal Court was not the appropriate forum in which to address the issue, given the minor role the court plays in issues under the Divorce Act and the breadth of the jurisdiction and expertise of the provincial superior courts in matters related to divorce and child supCourt was not the appropriate forum in which to address the issue, given the minor role the court plays in issues under the Divorce Act and the breadth of the jurisdiction and expertise of the provincial superior courts in matters related to divorce and child supcourt plays in issues under the Divorce Act and the breadth of the jurisdiction and expertise of the provincial superior courts in matters related to divorce and child support.

Courts can not infer a guarantee of legislative bilingualism that would override this exclusive provincial jurisdiction absent clear textual and contextual evidence to support an entrenched right.

Canada's highest court must decide if Insite falls under provincial or federal jurisdiction and whether closing it violates the rights of drug addicts.

The dissent drew on the Supreme Court of Canada in Pushpanathan, where the majority cited the 1981 decision in Crevier v. Quebec (Attorney General) with respect to whether a statutory tribunal could be immunized by provincial legislation from review on questions of jurisdiction.

The rule states that students are permitted to appear as counsel, under supervision, for «an appeal in the Court of Appeal, the Federal Court of Appeal or the Supreme Court of Canada; a civil or criminal jury trial; [and] a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a provincial court judge.&rCourt of Appeal, the Federal Court of Appeal or the Supreme Court of Canada; a civil or criminal jury trial; [and] a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a provincial court judge.&rCourt of Appeal or the Supreme Court of Canada; a civil or criminal jury trial; [and] a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a provincial court judge.&rCourt of Canada; a civil or criminal jury trial; [and] a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a provincial court judge.&rcourt judge.»

Despite disagreement from some provinces, and the Supreme Court's lack of enthusiasm, the last budget suggested by «pooling provincial, territorial, and federal jurisdiction and expertise, Canada could have a world - leading securities regulatory regime.»

The problem as I see it for Quebec is that they wont be able to rely on the security aspect because 1) its clear from the narrow scope of the ban (i.e. provincial employees and persons interacting with government) that the intention of the legislation had nothing to do with security and 2) even if it squeaked through the door of s. 1 of the Charter, the court very well could find that such legislation would be ultra vires provincial jurisdiction (admittedly I haven't explored this argument too deeply).

And of course the issue of the respective jurisdictions of superior and provincial courts directly concerns the federal government, which would have to pick up a substantial tab for the salaries of additional section 96 appointees if Québec's Superior Court judges are successful.

The Federal Court has concurrent jurisdiction with provincial courts to hear and determine all proceedings, other than the prosecution of offences under sections 42 and 43, for the enforcement of a provision of this Act or of the civil remedies provided by this Act.

I don't think the story has received much attention outside of Québec yet, but it's not because it doesn't deserve to be noticed: as La Presse reports, the Chief Justice, Senior Associate Chief Justice, and Associate Chief Justice of Québec's Superior Court are suing the provincial government, arguing that much of the civil jurisdiction of the Court of Québec is unconstitutional.

This core jurisdiction — that which they exclusively had at the time of Confederation — can not be taken away from them or transferred to other courts (which is to say the Federal Court or provincial courts created pursuant to section 92 (14) of the Constitution Act, 1867, such as the Court of Québec).

More specifically, they are seeking declarations that Québec could not, consistently with section 96 of the Constitution Act, 1867, grant its provincial court exclusive jurisdiction to hear cases where the amount at issue is more than $ 10 000 or any powers of judicial review over provincial administrative tribunals, because these powers are reserved for federally - appointed judges.

Justice Rothstein noted that while the courts «don't always practise what they preach», one of the differences between the relationship between the Copyright Board and the courts as opposed to other tribunals is that the federal and provincial courts have concurrent jurisdiction with the Copyright Board in interpreting rights.

The Divisional Court's decision serves as a reminder that SROs derive their jurisdiction by virtue of being recognized by provincial securities commissions and that the power of SROs and their members is always subject to the oversight of those commissions.

As Québec expanded the jurisdiction of its provincial court over the last 50 years (for the most part, when it was governed by the Parti québécois), it took more and more out of the former exclusive jurisdiction of the Superior Court, impinging ever more on what the Supreme Court, in Trial Lawyers Association of British Columbia v British Columbia (Attorney General), 2014 SCC 59, [2014] 3 SCR 31, described as its «historic task... to resolve disputes between individuals and decide questions of private and public law&racourt over the last 50 years (for the most part, when it was governed by the Parti québécois), it took more and more out of the former exclusive jurisdiction of the Superior Court, impinging ever more on what the Supreme Court, in Trial Lawyers Association of British Columbia v British Columbia (Attorney General), 2014 SCC 59, [2014] 3 SCR 31, described as its «historic task... to resolve disputes between individuals and decide questions of private and public law&raCourt, impinging ever more on what the Supreme Court, in Trial Lawyers Association of British Columbia v British Columbia (Attorney General), 2014 SCC 59, [2014] 3 SCR 31, described as its «historic task... to resolve disputes between individuals and decide questions of private and public law&raCourt, in Trial Lawyers Association of British Columbia v British Columbia (Attorney General), 2014 SCC 59, [2014] 3 SCR 31, described as its «historic task... to resolve disputes between individuals and decide questions of private and public law».

The Supreme Court of Canada confirmed that the charging of court fees is a legitimate exercise of provincial jurisdiction, but concluded that court fees which effectively deprive parties of their right to access superior courts are unconstitutiCourt of Canada confirmed that the charging of court fees is a legitimate exercise of provincial jurisdiction, but concluded that court fees which effectively deprive parties of their right to access superior courts are unconstituticourt fees is a legitimate exercise of provincial jurisdiction, but concluded that court fees which effectively deprive parties of their right to access superior courts are unconstituticourt fees which effectively deprive parties of their right to access superior courts are unconstitutional:

By virtue of well - established provincial judicature statutes and under common law, injunctive relief falls within the inherent jurisdiction of Canadian superior trial courts.

Where a general statement of law applies to every jurisdiction and will be based on common caselaw principles, such as a Supreme Court of Canada decision or a consensus of appellate cases in various provinces, or on a common statutory provision, such as a similar provincial rule of civil procedure, or common employment standards legislation:

Although at the time this case was heard, the majority of provincial and territorial appellate courts held that courts had jurisdiction to prevent defence counsel from withdrawing due to non-payment in fees, there was some division in the case law and differing approaches had been taken in the codes of conduct established by provincial law societies.

The Court of Appeal for the Yukon Territory had held that the court had no jurisdiction to refuse a withdrawal for nonpayment of fees, in part, because the legal profession is self - governing and that the provincial and territorial law societies have primary responsibility over lawyer regulaCourt of Appeal for the Yukon Territory had held that the court had no jurisdiction to refuse a withdrawal for nonpayment of fees, in part, because the legal profession is self - governing and that the provincial and territorial law societies have primary responsibility over lawyer regulacourt had no jurisdiction to refuse a withdrawal for nonpayment of fees, in part, because the legal profession is self - governing and that the provincial and territorial law societies have primary responsibility over lawyer regulation.

There is no federal civil jurisdiction of significance in Canada, and any class action of significance will proceed in one or more provincial courts.