Search for ""

Displaying 41-60 of 155 results
Article

Stare Decisis

Stare decisis [Latin, "let the decision stand"] refers to the doctrine of precedent, according to which the rules formulated by judges in earlier decisions are to be similarly applied in later cases.

Article

RJR-MacDonald Case

In the RJR-MacDonald case (1995), a 7-2 majority of the Supreme Court of Canada concluded that the federal law regulating the use of tobacco products rested on Parliament's jurisdiction in the criminal law area, in the division of powers sector, as set out in section 91 (27) of the Constitution Act, 1867.

Article

Finta Case

In its first decision relating to the Finta war crimes case (1993), the Supreme Court of Canada permitted 3 interested groups to intervene - the Human Rights League of B'nai B'rith Canada, the Canadian Jewish Congress and InterAmicus.

Article

Généreux Case

In 1985, in the Valente case, the Supreme Court dealt for the first time with judicial independence. On the second occasion, it was with the MacKay case, which dealt with military justice.

Article

Québec Sales Tax (Reference)

The Supreme Court of Canada (1994) emphasized that the Québec Sales Tax (QST) was similar to the GST which is an added tax on value. It was not an indirect tax for it was ultimately assumed by the person who bore the tax burden, namely the consumer.

Article

Stillman Case

In the Stillman case (1997), a majority of the Supreme Court of Canada held that the common law power to carry out a search incidental to an arrest did not include the right to forcibly seize samples of body substances.

Article

The Valente Case

The A judge of the Provincial Court of Ontario declared that he had no jurisdiction to hear a case under the Highway Traffic Act of Ontario because he did not preside over an independent court in the sense of s11(d) of the Canadian Charter of Rights and Freedoms.

Article

Dionne Case

Dionne Case (1978), known as Re Public Service Board et al, Dionne et al, and Attorney General of Canada et al.

Article

Judges' Salaries (Reference)

The main question in dispute in the reference on judges' salaries (1997) concerned the financial security of judges of provincial courts. In this case the governments of Prince Edward Island, Manitoba and Alberta had reduced the salaries of their provincial court judges without prior consultation.

Article

Pamajewon Case

The Pamajewon case (1996) (also known as R. v. Pamajewon) was the first case in which First Nations in Canada argued an inherent right to self-government before the Supreme Court. Spearheaded by two Anishinaabe First Nations, Eagle Lake and Shawanaga, the claimants argued that the Indigenous right to self-government included a right to control gambling practices on reserves. The Supreme Court ruled that these First Nations did not have rights to high-stakes gaming under self-government.

Article

Cooper Case

In the Cooper case (1996), a majority of the Supreme Court of Canada ruled that the Canadian Human Rights Commission did not have the power under its enabling statute to pronounce upon the constitutional validity of the mandatory age of retirement.

Article

Kindler Case

In the Kindler case (1991), the majority of judges on the Supreme Court ruled that the Canadian procedure in extradition matters did not violate section 7 of the Canadian Charter of Rights and Freedoms which specifies that everyone has the right to life, liberty and security of the person.

Article

Communal Properties Act Case

 Walter v Attorney-General of Alberta (1965-69) tested the constitutional validity of the Communal Properties Act (1955), which had the effect of restricting the amount of lands that could be owned communally by religious groups such as the HUTTERITES and the DOUKHOBORS.

Article

Cook Case

n the Cook case (1998), the Supreme Court of Canada held that the Canadian Charter of Rights and Freedoms applied to an interrogation by Canadian police operating in the United States of a person suspected of committing murder in Canada.