Browse "Courts"

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.

Administrative tribunals in Canada make decisions on behalf of federal and provincial governments when it is impractical or inappropriate for the government to do so itself. Tribunals are set up by federal or provincial legislation, known as “empowering legislation.” Tribunals are commonly known as commissions or boards, and make decisions about a wide variety of issues, including disputes between people or between people and the government. Tribunals may also perform regulatory or licensing functions. Tribunal decisions may be reviewed by the courts. Because they engage in fact-finding and have the power to impact personal rights, tribunals are often seen as “quasi-judicial.”

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.

Canada inherited the open court tradition of Great Britain. The open court serves many functions. It ensures that all are treated equally before the law. It acts as an incentive for all involved in the process to do their best.

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.

The court system of Canada forms the judicial branch of the federal, provincial and territorial governments and is independent of the legislative and executive branches of government. The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary, including its courts of law. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure, but not over the establishment of criminal courts. It gives the provinces exclusive lawmaking power over the administration of justice in each province. Canada has four levels of court: the Supreme Court of Canada; the Federal Court of Appeal, and provincial and territorial courts of appeal; provincial and territorial superior courts; and, provincial and territorial (lower) courts. Each type of law court has the authority to decide specific types of cases.

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.

The Supreme Court of Canada is the court of last resort for all legal issues in Canada, including those of federal and provincial jurisdiction. From humble beginnings as an opaque body subject to being overruled by the British Privy Council, the court now has the final judicial say on a broad range of contentious legal and social issues, ranging from the availability of abortion to the constitutionality of capital punishment and assisted suicide.

The power to establish courts in Canada is conferred on both provincial legislatures and Parliament.

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.

Small Claims Court, the common name of courts established by provincial legislation for civil matters involving small sums of money. In Québec, the upper limit of the small claims court is $7 000, but in the other provinces it is $1000, $2000 or $3000.

Judicial Committee of the Privy Council, a board of the British Privy Council which, until 1949, served as a court of final appeal for Canada.

Constitution Reference (1981) is known as the Resolution to Amend the Constitution.

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 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.

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.

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.

Family Court, the common name of courts established by provincial statutes to administer FAMILY LAW. Judges are appointed by the provincial government.

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.