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The Court Of Quebec
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Book Synopsis The Tenth Justice by : Carissima Mathen
Download or read book The Tenth Justice written by Carissima Mathen and published by UBC Press. This book was released on 2020-06-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. Following the Prime Minister's announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, in March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and constitutional law when it released the Reference re Supreme Court Act, ss 5 and 6. With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.
Book Synopsis Self-Determination in International Law, Quebec and Lessons Learned by : Anne Bayefsky
Download or read book Self-Determination in International Law, Quebec and Lessons Learned written by Anne Bayefsky and published by BRILL. This book was released on 2021-11-15 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?
Book Synopsis Civil Code of Lower Canada by : Québec (Province)
Download or read book Civil Code of Lower Canada written by Québec (Province) and published by . This book was released on 1889 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Canadian Contribution to a Comparative Law of Secession by : Giacomo Delledonne
Download or read book The Canadian Contribution to a Comparative Law of Secession written by Giacomo Delledonne and published by Springer. This book was released on 2018-12-11 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.
Book Synopsis Governing from the Bench by : Emmett Macfarlane
Download or read book Governing from the Bench written by Emmett Macfarlane and published by UBC Press. This book was released on 2013 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.
Book Synopsis QUEBEC CLASS ACTION by : SHAUN E. FINN
Download or read book QUEBEC CLASS ACTION written by SHAUN E. FINN and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Arbitration Law of Canada by : J. Brian Casey
Download or read book Arbitration Law of Canada written by J. Brian Casey and published by Juris Publishing, Inc.. This book was released on 2012-06-01 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration Law of Canada provides the busy lawyer and arbitrator with a handy day to day reference work. This is a comprehensive treatise on the law and practice of arbitration in Canada. The text covers all aspects of commercial arbitration: when to choose arbitration; how to draft an effective arbitration clause; how to choose an arbitrator; the legal and practical aspects of arbitrating in Canada under both the UNCITRAL Model Law as well as domestic legislation, and enforcing awards in Canada, regardless of the jurisdiction in which they were made. The book covers arbitration law in all the Canadian Provinces. It is not only a definitive legal text, but has been designed and organized to be a handy reference text for arbitration practitioners. The second edition includes a revised and expanded index, a complete index of cases, and a number of additional "practice notes". The chapters dealing with court involvement in arbitration, challenges and recognition of awards, have been extensively revised to take into account the numerous court decisions released since the last edition.
Book Synopsis The Canadian Legal System by : Gerald L. Gall
Download or read book The Canadian Legal System written by Gerald L. Gall and published by . This book was released on 2004 with total page 713 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 5th edition has been completely updated, including significant additions to the sections on military law, changes to the provincial court structure (i.e., simplified procedures, case management, and court reform), incorporation of formal and informal ADR, and key charter and constitutional jurisprudence that continues to shape the law in Canada."--Pub. desc.
Book Synopsis Claire L’Heureux-Dubé by : Constance Backhouse
Download or read book Claire L’Heureux-Dubé written by Constance Backhouse and published by UBC Press. This book was released on 2017-10-06 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both lionized and vilified, Claire L’Heureux-Dubé has shaped the Canadian legal landscape – and in particular its highest court. The second woman appointed to the Supreme Court of Canada, and the first from Quebec, she was known as “the great dissenter” on the bench, making judgments that were applauded and criticized in turn. L’Heureux-Dubé’s innovative legal approach was anchored in the social, economic, and political context of her cases. Constance Backhouse employs a similar tactic. Rather than focusing exclusively on her high-profile cases and jurisprudential legacy, sheexplores the socio-political and cultural setting in which L’Heureux-Dubé’s career unfolded, while also considering her personal life. This compelling biography covers aspects of legal history that have never been so fully investigated, enhancing our understanding of the judiciary, the creation of law, the distinctive socio-legal environment of Quebec, the experiences of women in the legal profession, and the inner workings of the top court.
Book Synopsis A History of Law in Canada, Volume One by : Philip Girard
Download or read book A History of Law in Canada, Volume One written by Philip Girard and published by University of Toronto Press. This book was released on 2018-12-21 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Book Synopsis The Federal Court of Appeal and the Federal Court by : Martine Valois
Download or read book The Federal Court of Appeal and the Federal Court written by Martine Valois and published by Irwin Law. This book was released on 2021-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.
Book Synopsis Legal Research Handbook by : Douglass T. MacEllven
Download or read book Legal Research Handbook written by Douglass T. MacEllven and published by Lexis Law Publishing (Va). This book was released on 1993 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlights of the 5th Edition include: New chapters on researching French law, European Union law and Foreign, Comparative and International law New coverage of e-mail as a form of legal writing New section on researching the law of other commonwealth jurisdictions New snapshots of the features and functionality of major information providers in Canada - LexisNexis, Quicklaw, Westlaw, eCarswell, SOQUIJ, REJB, CanLII and CCH Canadian. Some sample search illustrations are included. There is also a snapshot of the Folioviews software, which is the software of choice of most Canadian legal CD ROM products. New coverage of electronic access to full-text periodicals. New section on electronic judgments - features, elements and Specific Electronic Judgment Sources New coverage of electronic citators A completely rewritten chapter on Researching Quebec law.
Book Synopsis Canada's Trial Courts by : Peter H. Russell
Download or read book Canada's Trial Courts written by Peter H. Russell and published by University of Toronto Press. This book was released on 2007-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important but least examined aspects of the Canadian judicial system is the dual structure of civil and criminal trial courts. Canada's Trial Courts examines the co-existence, in every province, of superior courts (presided over by federally appointed judges) and 'lower' courts (staffed by provincially appointed judges). Combining both political and legal analysis, this is the first book to provide an in depth study of the evolution and operation of Canada's trial courts. This collection of essays begins with an exploration of the constitutional origins of Canada's integrated court system and the failure of federal and provincial governments to cooperate in its development. Following are discussions of a number of contemporary reform projects in various jurisdictions, including Quebec, Nova Scotia, Alberta, and Nunavut, as well as examinations of competing visions of how Canada's trial courts should be organized in the future. To put the issue in a comparative perspective, the concluding section provides examples of how trial courts have been restructured in the United Kingdom and the state of California. Proposing a range of practical alternatives to the present system, the volume offers a ground-breaking legal analysis that addresses constitutional obstacles to trial court reform, and assesses the political factors that influence reform at the judicial level. Featuring distinguished contributors from a variety of disciplinary backgrounds, Canada's Trial Courts offers a comprehensive and up-to-date examination of an important but neglected issue that ultimately has a profound impact on the quality of justice that Canadians experience.
Book Synopsis Quebec Civil Law by : Martin Boodman
Download or read book Quebec Civil Law written by Martin Boodman and published by Emond Montgomery. This book was released on 1993 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Class Actions in Canada by : Jasminka Kalajdzic
Download or read book Class Actions in Canada written by Jasminka Kalajdzic and published by . This book was released on 2019-01-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. They have been employed over the past twenty-five years to overcome barriers to justice for those who would otherwise have no recourse to the courts. First proposing a conceptualization of access to justice that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives. Class Actions in Canada is a timely exploration of the evolution of collective litigation in Canada.
Book Synopsis Ethical Principles for Judges by : Canadian Judicial Council
Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 1998 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Book Synopsis Courts Without Cases by : Carissima Mathen
Download or read book Courts Without Cases written by Carissima Mathen and published by Bloomsbury Publishing. This book was released on 2019-04-18 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
