Court : Canada Supreme Court
..... the qualifications for appointment to the court are not entrenched. [103] we cannot accept this argument. as discussed above, the enactment of the constitution act, 1982 protected the status quo regarding the supreme court. that expressly included the courts composition, of which quebecs representation on the court is an integral ..... under the constitutions architecture as the final arbiter of division of powers disputes and as the final general court of appeal for canada. the constitution act, 1982 enhanced the courts role under the constitution and confirmed its status as a constitutionally protected institution. [89] patriation of the constitution was ..... into an institution whose continued existence and functioning engaged the interests of both parliament and the provinces. the courts status was then confirmed by the constitution act, 1982, which reflected the understanding that the courts essential features formed part of the constitution of canada. (1) the supreme courts evolution prior to .....
Tag this Judgment!Court : Canada Supreme Court
..... for appointment, not the means of appointment?: whyte, at p. 106 (emphasis in original). by employing this language, the framers of the constitution act, 1982 extended the constitutional protection provided by the general amending procedure to the entire process by which senators are selected?. the proposed consultative elections ..... that if introducing consultative elections constitutes an amendment to the constitution, then it can be achieved unilaterally by parliament under s. 44 of the constitution act, 1982. [52] in our view, the argument that introducing consultative elections does not constitute an amendment to the constitution privileges form over substance. ..... resolution respecting the constitution of canada (1980). in response, the provincial premiers developed a counter-proposal that became the template for part v of the constitution act, 1982 the april accord? of 1981: constitutional accord: canadian patriation plan (1981). [31] the april accord, and ultimately part v, reflect .....
Tag this Judgment!Court : Canada Supreme Court
..... lloyds rep. 369 (c.a.).) [88] duygu damar adopts the same reasoning in her seminal work, wilful misconduct in international transport law (2011). an act characterized as reckless? will be considered to constitute wilful misconduct only if the evidence shows that it was committed with subjective recklessness?. professor damar illustrates such ..... kerwin j. (as he then was) observed that wilful misconduct, unlike gross negligence, necessarily implies subjective knowledge of the risks associated with the act in question: the term wilful and wanton misconduct denotes something subjective on the part of the driver, whereas gross negligence may be found entirely ..... although not necessarily exhaustively, describe types of conduct that fall within that description for the purposes of the exclusion of liability under the marine insurance act. in short, wilful misconduct includes not only intentional wrongdoing but also other misconduct committed with reckless indifference in the face of a duty to .....
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