Supreme Court Redefines Family
Rebecca Hunter and her partner of 6 ½ years, Debra Lamb, were making their way through rush-hour traffic on a busy Toronto expressway last Thursday when they heard the report over the car radio.
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Create AccountRebecca Hunter and her partner of 6 ½ years, Debra Lamb, were making their way through rush-hour traffic on a busy Toronto expressway last Thursday when they heard the report over the car radio.
Family Court, the common name of courts established by provincial statutes to administer FAMILY LAW. Judges are appointed by the provincial government.
Defence counsel, lawyer who advises accused (defendants in civil cases) and presents their case to the court, ensuring that clients have a fair trial. If a client is convicted, the defence counsel speaks in respect of sentence.
Tax Court of Canada, established 1983, is an independent body under the federal minister of justice. Its objective is to provide an easily accessible tribunal for the disposition of disputes between taxpayers and the minister of national revenue.
On 7 July 1982, Parliament enacted the Young Offenders Act (effective April 1984, some sections not until 1985), which the government claimed would bring about a long-overdue reform of Canada's juvenile justice system.
The Anti-Inflation Act was a temporary and extraordinary measure instituted by the government of Pierre Trudeau in an attempt to control high unemployment and inflation.
The power to establish courts in Canada is conferred on both provincial legislatures and Parliament.
The council initially comprised the governor, the bishop, the INTENDANT and 5 councillors. In 1703 membership grew to 12, to which 4 associated judges were added in 1742. Members, usually recruited from the French gentry, were nominated initially by the governor and the bishop and later by the king.
Stare decisis [Latin, "let the decision stand"] refers to the doctrine of precedent, according to which the rules formulated by judges in earlier decisions are to be similarly applied in later cases.
Ultra Vires-Intra Vires Ultra vires [Lat, "beyond the powers"] is used in CONSTITUTIONAL LAW by the courts who must decide the respective competences of Parliament and provincial legislatures.
This case was a reference to the Supreme Court of Canada that arose out of a challenge by the Province of Alberta as the constitutionality of the Goods and Services Tax (GST) as enacted by the federal Excise Tax Act.
The main question in dispute in the reference on judges' salaries (1997) concerned the financial security of judges of provincial courts. In this case the governments of Prince Edward Island, Manitoba and Alberta had reduced the salaries of their provincial court judges without prior consultation.
Underlying the move toward the establishment of an independent or quasi-independent Indigenous justice system is a recognition that there are certain values and customs historically attached to Indigenous communities. In addition, the concept of an independent justice system is viewed as being consonant with the notion of the inherent right of Indigenous self-government.
Canadian courts are open to any member of the public if there is the space, if the court is near enough to them and if they can find the time to attend. For years Canadian media have argued for television camera access to court proceedings.
R v. Bedard (1971) challenged section 12(1)(b) of the Indian Act, which concerns the rights of Status Indian women in Canada. The appellant in the case, Yvonne Bedard, took the federal government to court after losing her rights as a Status Indian because of her marriage to a Non-Status man. In 1973, before the Supreme Court of Canada, the Bedard case merged with AG v. Lavell, another case concerning gender discrimination (see Status of Women) in the Indian Act. Although Bedard ultimately lost her reinstatement claims, her case inspired future legal battles regarding women’s rights and the Indian Act, including Lovelace v. Canada (1981) (see Sandra Lovelace Nicholas) and the Descheneaux case (2015).
The Marshall Inquiry was a Royal Commission called by the Government of Nova Scotia. It investigated the 1971 wrongful murder conviction of Mi’kmaq man Donald Marshall Jr. of Nova Scotia. This was the first inquiry of its kind in Canada. The commission released its report on 26 January 1990. It made recommendations that changed the criminal justice system in Nova Scotia, particularly in its treatment of Indigenous peoples.
This article was originally published in Maclean’s magazine on November 8, 2004. Partner content is not updated.
Once a 14-year-old boy on death row, Steven Truscott was for the longest time Canada's poster case for the abolition of capital punishment. His 1959 conviction for the rape and strangulation of grade-school friend Lynne Harper, 12, shocked and divided Canadians for decades.The Judicial Committee of the Privy Council is a board of the British Privy Council. It was formed in 1833. In 1844, it was given jurisdiction over all of Britain’s colonial courts. People who had been judges in high courts in Britain served on the Judicial Committee, along with a sprinkling of judges from the Commonwealth. Their decisions were often criticized for favouring provincial powers over federal authority, especially in fields such as trade and commerce. The Judicial Committee served as the court of final appeal for Canada until 1949, when that role was given to the Supreme Court of Canada.