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The Coalition appealed the fair dealing issue to the Supreme Court maintaining that the Board's conclusion was not in accordance with the test in CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 SCR 339 and was therefore unreasonable. [5]
Guindon v Canada, 2015 SCC 41 is a landmark decision of the Supreme Court of Canada on the distinction between criminal and regulatory penalties, for the purposes of s.11 of the Canadian Charter of Rights and Freedoms. It also provides guidance on when the Court will consider constitutional issues when such had not been argued in the lower courts.
The CCH six-factor test (as applied to York in the Federal Court decision) Factor Criteria Analysis of York's actions The factors as determined in this case Fair Unfair Purpose of the dealing The focus is on considering the fairness of the goal for which the permitted activity (e.g. research, education) took place. [a 1]
1 Federal Court of Appeal. ... Sudbury Board of Education, (1988) ... List of notable Canadian lower court cases; List of Vancouver court cases;
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 justice
The court was created on July 2, 2003, by the Courts Administration Service Act [1] when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of the Federal Court Act, subsequently renamed the Federal Courts Act). [2]
Judges of the Federal Court of Canada, June 1, 1971 – July 2, 2003 Name Trial Division Appeal Division Associate Chief Justice Chief Justice Left office Transferred to Federal Court: Federal Court of Appeal: Wilbur R. Jackett: June 1, 1971: October 1, 1979: Camilien Noël: June 1, 1971: July 4, 1975: Jacques Dumoulin: June 1, 1971: December 1 ...
In April 2014, the court ruled in favour of the Métis people in a case involving extending protections to Aboriginal peoples in Canada who lived off-reserve. [5]In September 2015, the court dismissed an appeal by the Government of Canada over a ruling by the Federal Court that found a rule banning the Niqāb at citizenship ceremonies to be unconstitutional.