Author: Carissima Mathen
Publisher: UBC Press
ISBN: 0774864303
Category : Law
Languages : en
Pages : 281
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Book Description
The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. Following the Prime Minister's announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, in March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and constitutional law when it released the Reference re Supreme Court Act, ss 5 and 6. With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.
Author: Anne Bayefsky
Publisher: BRILL
ISBN: 9004505822
Category : Law
Languages : en
Pages : 522
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Book Description
The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?
Author: Québec (Province)
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : fr
Pages : 356
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Book Description
Author: Emmett Macfarlane
Publisher: UBC Press
ISBN: 077482350X
Category : History
Languages : en
Pages : 266
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Book Description
In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.
Author: Giacomo Delledonne
Publisher: Springer
ISBN: 3030034690
Category : Political Science
Languages : en
Pages : 295
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Book Description
This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.
Author: SHAUN E. FINN
Publisher:
ISBN: 9780433516897
Category :
Languages : en
Pages :
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Book Description
Author: Constance Backhouse
Publisher: UBC Press
ISBN: 0774836350
Category : Biography & Autobiography
Languages : en
Pages : 769
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Book Description
Both lionized and vilified, Claire L’Heureux-Dubé has shaped the Canadian legal landscape – and in particular its highest court. The second woman appointed to the Supreme Court of Canada, and the first from Quebec, she was known as “the great dissenter” on the bench, making judgments that were applauded and criticized in turn. L’Heureux-Dubé’s innovative legal approach was anchored in the social, economic, and political context of her cases. Constance Backhouse employs a similar tactic. Rather than focusing exclusively on her high-profile cases and jurisprudential legacy, sheexplores the socio-political and cultural setting in which L’Heureux-Dubé’s career unfolded, while also considering her personal life. This compelling biography covers aspects of legal history that have never been so fully investigated, enhancing our understanding of the judiciary, the creation of law, the distinctive socio-legal environment of Quebec, the experiences of women in the legal profession, and the inner workings of the top court.
Author: Gerald L. Gall
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 713
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Book Description
The 5th edition has been completely updated, including significant additions to the sections on military law, changes to the provincial court structure (i.e., simplified procedures, case management, and court reform), incorporation of formal and informal ADR, and key charter and constitutional jurisprudence that continues to shape the law in Canada."--Pub. desc.
Author: Martine Valois
Publisher: Irwin Law
ISBN: 9781552215470
Category :
Languages : en
Pages :
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Book Description
The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.
Author: Douglass T. MacEllven
Publisher: Lexis Law Publishing (Va)
ISBN: 9780409911145
Category : Legal authorities
Languages : en
Pages : 407
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Book Description
Highlights of the 5th Edition include: New chapters on researching French law, European Union law and Foreign, Comparative and International law New coverage of e-mail as a form of legal writing New section on researching the law of other commonwealth jurisdictions New snapshots of the features and functionality of major information providers in Canada - LexisNexis, Quicklaw, Westlaw, eCarswell, SOQUIJ, REJB, CanLII and CCH Canadian. Some sample search illustrations are included. There is also a snapshot of the Folioviews software, which is the software of choice of most Canadian legal CD ROM products. New coverage of electronic access to full-text periodicals. New section on electronic judgments - features, elements and Specific Electronic Judgment Sources New coverage of electronic citators A completely rewritten chapter on Researching Quebec law.
