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Since the Supreme Court denies leave in most cases, the Court of Appeal is the final court for most matters originating in Alberta. Unlike the Court of King's Bench, the Court of Appeal has no inherent jurisdiction and therefore requires a statute to grant it the power to hear a matter before a panel is convened. As a court of a province, it is ...
Judgement for the Hutterian Brethren at the Alberta Court of Appeal: Ruling: Appeal allowed. Holding; Mandatory driver's license photographs violates the religious freedom guarantee of section 2(a) the Canadian Charter of Rights and Freedoms, but this infringement is saved under section 1 due to the need to prevent identity fraud. Court membership
R. v. Jordan [2] was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 ...
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 Alberta Court of Justice (formerly the Provincial Court of Alberta [1]) is the provincial court for the Canadian province of Alberta. The Court oversees matters relating to criminal law, family law, youth law, civil law and traffic law. More than 170,000 matters come before the Court every year.
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 Highway Properties judgment essentially imported the contractual remedy for recovery of future losses as a result of repudiation, but left open the question of whether notice was required (and if so, when it must be given) and whether there is a duty for the landlord to mitigate losses as is the case in contract law. [6]
In the Provincial Judges Reference of 1997, the Court found that Alberta, Manitoba and Prince Edward Island's remuneration of Provincial Court judges was unconstitutional, since it breached a requirement for judicial independence. The Court said that independent salary commissions were needed to help recommend salaries, and governments could ...