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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 Supreme Court of Canada in Ottawa, west of Parliament Hill. The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), [1] [2] and Indigenous law systems [3] developed by the various Indigenous Nations.
The Queen (1992), the Supreme Court stressed the individual nature of section 7 to deny unions had a right to strike as part of the members' liberty. The Court also stressed that strikes were socioeconomic matters that did not involve the justice system, and section 7 was concentrated on the justice system.
Canadian courts also upheld discrimination in public places based on freedom of contract and property rights. For example, in Christie v York Corporation, [108] the plaintiff, a black man, was denied service at a bar at the Montreal Forum. He sued for damages, arguing that the tavern was under a duty to provide services to all members of the ...
A select number of decisions from the courts of appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the decisions were never appealed or were denied leave to the Supreme Court of Canada. The notable ...
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices.
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The Court also said religious beliefs are vacillating, so courts trying to determine an individual belief should be mindful that beliefs may change. Following this test in Multani v Commission scolaire Marguerite‑Bourgeoys, [8] the Court found freedom of religion should protect a non-violent Sikh student's right to wear a kirpan (dagger) in ...