Court : Canada Supreme Court
Decided on : Mar-21-2014
..... ), as that court was also located in ottawa. at the time, there were only two judges on the exchequer court ” the œjudge? and the œassistant judge? (an act to amend the exchequer court act, s.c. 1912, c. 21, s. 1). [137] importantly, the assistant judge at the time was a judge from quebec. appointing any judge of the exchequer court ..... in 1949, when the number of judges of the court increased to nine and the ratio of quebec judges was preserved by increasing their number to three: an act to amend the supreme court act, s.c. 1949 (2nd sess.), c. 37, s.1. [26] the current text of ss. 5 and 6 dates to the statutory revisions of 1985. ..... the eligibility requirements set out in s. 6 relate to the composition of the court and are, therefore, constitutionally protected. under s. 41(d) of the constitution act, 1982, any amendment in relation to the composition of the supreme court of canada may only be made by proclamation issued by the governor general under the great seal of canada authorized .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Apr-25-2014
..... and replacing it with an ability to delay the adoption of legislation; and giving the house of commons and the provincial legislatures the power to select senators: constitutional amendment act, 1978 (bill c-60), june 20, 1978, cls. 62 to 70. the bill was not adopted and, in 1980, this court concluded that parliament ..... contemplated in the provision to be implemented in a coherent manner throughout canada. [39] section 42(1)(b) of the constitution act, 1982 expressly makes the general amendment procedure applicable to amendments in relation to œthe powers of the senate and the method of selecting senators?. we discuss below the meaning of this statutory ..... (b. pelletier, la modification constitutionnelle au canada (1996), at p. 208) (c) the special arrangements procedure [42] section 43 of the constitution act, 1982 provides: 43. an amendment to the constitution of canada in relation to any provision that applies to one or more, but not all, provinces, including (a) any alteration to .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Mar-28-2014
..... law of the province, and were not otherwise in conflict with the geca (para. 30). [4] for example, in the case of the pulmonary tuberculosis amendment, which was followed by a regulation implementing the change (the government employees compensation regulations 1948 (pulmonary tuberculosis), sor/48-573), a provincial wcb could not deny ..... debates, vol. ii, 3rd sess., 20th parl., march 31, 1947, at p. 1892). however he affirmed that the amendment œintroduces a new principle? and that the new section œprovides something which no other provincial act, save for perhaps one, does? (pp. 1894 and 1896). [38] potential conflicts between the geca and provincial workers ..... employed (s.c. 1955, c. 33, s. 2). during first reading of these amendments, the minister responsible stated: the proposed amendments provide that the entitlement to and rates of compensation payable to an employee under the act shall be determined in accordance with and under the same circumstances as are provided under the law .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Apr-23-2014
..... in failing to bury the cable underground and in failing to provide mariners with adequate notice of its installation. [11] section 29 of the marine liability act (then s. 28, amended by s.c. 2009, c. 21, s. 3), sets a damages cap of $500,000 on maritime liability for property damage caused by ships ..... the threshold fault requirement requires a high degree of subjective blameworthiness: nugent, at p. 229 (interpreting the similarly worded warsaw convention, 137 l.n.t.s. 11, as amended by the hague protocol, 478 u.n.t.s. 371). the fault standard set by art. 4 has been described as œa virtually unbreakable right to limit liability? ..... amend the convention on limitation of liability for maritime claims, 1976 article 1 persons entitled to limit liability 1. shipowners and salvors, as hereinafter defined, may limit their liability in accordance with the rules of this convention for claims set out in article 2. . . . 4. if any claims set out in article 2 are made against any person for whose act .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Mar-20-2014
..... 11(h) of the charter that would otherwise apply. if that were the case, parliament could enact punitive laws resulting in double punishment simply by choosing to amend the ccra rather than the criminal code. [74] i would note that the constitutionality of other aspects of the abolition of apr was not seriously argued. ..... been clear that criminal or quasi-criminal proceedings trigger the protection against double jeopardy. thus, a second criminal or quasi-criminal charge with respect to the same act engages s. 11(h) even if the consequence is slight. [44] wigglesworth made it clear that the protection against double jeopardy may be triggered not ..... is one of the utmost complexity and subtlety and is certainly in need of clarification. the law provides protection against harassment of multiple trials for the same act but also protection against multiple punishment. the concern to do something about double punishment stems from a distinct consideration based far more squarely on the fairness of .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Feb-07-2014
..... once again, she did not join the union and was a œrand formula employee? in her new bargaining unit. [5] in 2005, there were amendments to the public service labour relations act, s.c. 2003, c. 22, s. 2, which significantly expanded the unions representational obligations. because of these new duties the union was of ..... privacy rights. [61] the board concluded that its pipsc 2 order complied with s. 8(2)(a) of the privacy act, r.s.c. 1985, c. p-21. the board nevertheless amended the order, inserting the following further privacy safeguards: home contact information transmitted by the employer must be password protected or encrypted; ..... [14] at the redetermination hearing, the privacy commissioner acknowledged that the board was entitled to order disclosure of personal information pursuant to the public service labour relations act, referring to its 1993 decision as a œnon-binding report of findings? to ms. bernard and her employer (emphasis added). however, the commissioner urged the .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Jan-17-2014
..... language the court has used time and again to define the probable cause requisite for an arrest? (w. r. lafave, search and seizure: a treatise on the fourth amendment (5th ed. 2012), vol. 4, at 9.6(a)). as our american colleagues only recently affirmed, however, under terry, œthe police must harbor reasonable suspicion that ..... )). again, chehil makes clear that œreasonable suspicion . . . engages [a] reasonable possibility, rather than probability? (para. 27 (emphasis added)). finally, mann required that an officer œnot be acting solely on a hunch? (para. 41 (emphasis added)). and again, chehil cautioned œhunches . . . will [not] suffice? (para. 47 (emphasis added)). we know of no case that ..... safety of the public or the police is at stake. he acknowledged, however, that this power is limited to situations in which, œin addition to acting within the general scope of their authority, [the police] have no other feasible less intrusive alternative?, and he added that œthe manner of carrying out .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Apr-11-2014
..... the different theoretical underpinnings of credit and enhanced credit. [50] further, this structure builds resilience into the statutory scheme. for example, if parliament were to amend the corrections and conditional release act, so that pre-sentence custody counted for the purposes of parole eligibility and early release,[4] s. 719(3.1) would only be called upon ..... the well-established rule that enhanced credit compensates for the loss of eligibility for early release, it would have done so expressly. ii. statutory provisions [8] this appeal concerns amendments to s. 719(3) of the criminal code, resulting from the tisa. sections 719(3) and (3.1) now read (changes underlined): (3) in determining the ..... . when conditions were exceptionally harsh, judges granted credit at a rate of 3 to 1 or more. [4] the truth in sentencing act, s.c. 2009, c. 29 (tisa), passed in 2009, amended the criminal code to cap pre-sentence credit at a maximum of 1.5 days for every day in custody. the purpose was to .....
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