Canada - Law Dictionary Search Results
Home Dictionary Name: canadaconstitution
constitution [Latin constitutio system, fundamental principles (of an institution), from constituere to set up, establish] 1 : the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it 2 : a written instrument containing the fundamental rules of a political or social organization ;esp cap : the U.S. Constitution see also the Judicial System and the Constitution in the back matter compare charter, declaration NOTE: A constitution was originally simply a law, ordinance, or decree usually made by a king, emperor, or other superior authority. A constitution now usually contains the fundamental law and principles with which all other laws must conform. Unlike the U.S. Constitution, the British Constitution is not set down in a comprehensive document, but is found in a variety of statutes (as the Magna Carta) and in common law. Canada inherited many of the rules and practices...
British America
British America. See Fur Trade Act, (1 & 2 Geo. 4, c. 66), North-Western Territories Act (22 & 23 Vict. c. 26), and the British North America Act, 1867 (30 & 31 Vict. c. 3), by which the Dominion of Canada was formed by the union of the provinces of Canada, Nova Scotia, and New Brunswick. Manitoba joined the Union in 1870, British Columbia in 1871, and Prince Edward Island in 1873. Outlaying British possessions were added by Order in Council in 1880, and Newfoundland alone remains independent. The Act of 1867 was amended by the British North America and other Acts, all referred to collectively as the British North America Acts, 1867 to 1930. See STATUTE OF WESTMINSTER....
Election
Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).The act of selecting one or more from a greater number for an office.The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch...
Governor
Governor. In Dominions and Colonies usually the name of the representative of the King and the head of the local executive with powers limited by his commission, Cameron v. Kyte, (1835) 3 Knapp 332. In the Dominions of Canada, the Irish Free State and Union of South Africa, called the 'Governor-General'; in New Zealand and Newfoundland, the 'Governor.' In India the head of the Executive of the Indian Federation, who may also be His Majesty's representative [Government of India Act, 1936 (25 & 26 Geo. 5, c. 42)]. In Northern Ireland, the 'Governor.' Interpretation Act, 1889, ss. 18 and 42, provides that in all Acts passed after that year the word 'Governor' when used with reference to Canada shall mean the Governor-General or the person having his powers for the time being, and with reference to any other British possession shall include the officer for the time being administering the government thereof.Governor, includes an officer for the time being in charge of the prison, subject t...
Westminster, Statute of, 1931
Westminster, Statute of, 1931 922 Geo. 5, c. 4). This Act was passed to confirm and ratify certain declarations made by the delegates to the Imperial Conferences of 1926 and 1930. Six Dominions are affected: Canada, Australia, New Zealand, South Africa, the Irish Free State, and Newfoundland. The arrangement is as follows:-S. 1. Meaning of 'Dominion' in this Act.S. 2. Validity of laws made by Parliament of a Dominion; the Colonial Laws Validity Act, 1865, shall not apply to any law made by the Parliament of a Dominion.S. 3. Power of Parliament of Dominion to legislate extra-territorially.S. 4. Parliament of United Kingdom not to legislate for 'Dominion' except by consent.S. 5. Powers of Dominion Parliaments in relation to shipping.S. 6. Powers of Dominion Parliaments in relation to Courts of Admiralty.S. 7. Saving for British North America Acts and application of Act to Canada.S. 8. Saving for Constitution Acts of Australia and New Zealand.S. 9. Saving with respect to State of Australi...
abscond
abscond : to depart secretly : withdraw and hide oneself ;specif : to evade the legal process of a court by hiding within or secretly leaving its jurisdiction [ed with the funds] [ from New York] [ to Canada] ab·scond·er n ...
bachelor of laws
bachelor of laws 1 : the lowest degree conferred by a law school in Canada and formerly in the U.S. see also juris doctor 2 : an undergraduate degree in law conferred by a school of law in England and Wales ...
barrister
barrister [Middle English barrester, from barre bar + -ster (as in legister lawyer)] 1 : a lawyer who argues cases before a British court ;esp : one who is allowed to argue before a British high court compare solicitor NOTE: Many countries in the Commonwealth (as England and Australia) and the Republic of Ireland divide the legal profession into barristers and solicitors. In Canada, every lawyer is both a barrister and a solicitor, although individual lawyers may describe themselves as one or the other. Scotland uses the term advocate to refer to lawyers allowed to argue cases in its courts. 2 : lawyer ...
border crosser
border crosser An alien resident of the United States reentering the country after an absence of less than six months in Canada or Mexico, or a nonresident alien entering the United States across the Canadian border for stays of no more than six months or across the Mexican border for stays of no more than 72 hours. Source: U.S. Citizenship and Immigration Services ...
dominion
dominion 1 a : supreme authority : sovereignty b : a territory over which such authority is exercised c often cap : a self-governing nation (as Canada) of the Commonwealth other than the United Kingdom that acknowledges the British monarch as the head of state 2 : the power (as authority) or right (as ownership) to use or dispose of property ;specif : absolute or exclusive use, control, ownership, or possession of property [the transferred property is placed beyond the donor's and control "W. M. McGovern, Jr. et al."] [the bailee exercised over the vehicle] ...
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