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Canadian constitutional law (French: droit constitutionnel du Canada) is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada , both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect.
Reference Re Resolution to amend the Constitution [1] – also known as the Patriation Reference – is a historic Supreme Court of Canada reference case that occurred during negotiations for the patriation of the Constitution of Canada. The court affirmed the existence of an unwritten dimension to the constitution and the majority held that by ...
This is a chronological list of notable cases decided by the Supreme Court of Canada from the formation of the Court in 1875 to the retirement of Gérald Fauteux in 1973. Note that the Privy Council heard appeals for criminal cases until 1933 and for civil cases until 1949. Also between 1888 and 1926, no criminal appeals were allowed to the ...
Canada (House of Commons) v Vaid; Canada (Minister of Justice) v Borowski; Reference Re Canada Assistance Plan (BC) Canada (Labour Relations Board) v Paul L'Anglais Inc. et al. Canadian National Railway Co v Canada (AG) Canadian Pacific Railway Co. v Notre Dame de Bonsecours; R v Coote; Cuddy Chicks Ltd v Ontario (Labour Relations Board ...
Supreme Court Quebec slots, Supreme Court Act amendment process, Supreme Court appointments Peracomo Inc v TELUS Communications Co [2014] 1 S.C.R. 621, 2014 SCC 29 April 23, 2014 Maritime law, marine insurance Reference re Senate Reform [2014] 1 S.C.R. 704, 2014 SCC 32 April 25, 2014 Senate of Canada: R v Spencer [2014] S.C.R. , 2014 SCC 43
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
The court held that is the case when constitutional questions are at issue, when the administrative decision involves a "general question of law of central importance to the legal system as a whole," or when the decision under review pertains to the jurisdiction of two or more tribunals.
The Constitution Act, 1867, gives the federal Parliament the power to create a "General Court of Appeal for Canada", but does not define the jurisdiction of the Court. [2] When Parliament created the Supreme Court of Canada in 1875, it gave the federal Cabinet the power to refer questions to the Supreme Court for the Court's opinion. [3]