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The Crown Attorney appealed the decision directly to the New Brunswick Court of Appeal (the normal path would have been through the Court of Queen's Bench of New Brunswick) on 27 May. [55] Karen Selick, one of three lawyers retained by Comeau at the instance of the National Post's deputy comments editor, termed the appeal "a farce". [54]
Provincial Court Judges' Assn of New Brunswick v New Brunswick (Minister of Justice); Ontario Judges Assn v Ontario (Management Board); Bodner v Alberta; Conférence des juges du Québec v Quebec (AG); Minc v Quebec (AG) [2005] 2 S.C.R. 286 was a decision by the Supreme Court of Canada in which the Court attempted to resolve questions about judicial independence left over from the landmark ...
The Provincial Court of New Brunswick (French: Cour provinciale du Nouveau-Brunswick) is the lower trial court of the province of New Brunswick. It hears cases relating to criminal law and other statutes. The court system of New Brunswick also has a Mental Health Court located in Saint John. The provincial bench has 22 judges, 9 supernumerary ...
Liquidators of the Maritime Bank of Canada v. Receiver-General of New Brunswick (New Brunswick, Canada) [1892] A.C. 437 Canadian provincial sovereignty Makin v. Attorney General for New South Wales (1894) evidence of similar fact: Attorney-General for Ontario v. Attorney-General for the Dominion (Ontario, Canada) [1896] AC 348
In the immediate case, the objective of the New Brunswick scheme was held not to restrict trade across a provincial boundary, but to enable public supervision of the production, movement, sale, and use of alcohol within New Brunswick. [35] Therefore, s. 134(b) of the Liquor Control Act does not violate s. 121. [36]
Lamer noted the Provincial Court judges could not be blamed for their lack of independence, and they had to continue working under the Criminal Code and because some defendants chose to come before Provincial Court judges. [5] Regarding Prince Edward Island, the Court found it could not make a declaration that the criminal cases should be ...
The Reference re Remuneration of Judges of the Provincial Court (P.E.I.) [1] [1997] 3 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of provincial court judges. Notably, the majority opinion found all judges are independent, not just ...
The court hears appeals from the Court of King's Bench of New Brunswick, Provincial Court of New Brunswick, and various tribunals. Cases tried by the court can be appealed to the Supreme Court of Canada, but in practice this happens only a few times a year.