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The Provincial Court of Newfoundland and Labrador is the lower trial court of the Canadian province of Newfoundland and Labrador. It hears cases relating to criminal law and family law . Judges of the Provincial Court are appointed by the provincial cabinet, on recommendation of the Attorney General.
A select number of decisions from the superior and inferior courts that have proven to be the leading case law in a number of fields and have subsequently been influential in other provinces, or else they are famous decisions in their own right. These include trial court cases.
From 1867 to 1949, the Judicial Committee of the Privy Council was the highest court of appeal for Canada (and, separately, for Newfoundland, which did not join Canada as a province until 1949). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada .
Newfoundland (Treasury Board) v Newfoundland and Labrador Assn of Public and Private Employees, [2004] 3 S.C.R. 381 is a leading Supreme Court of Canada decision where the Court held that a fiscal crisis can be the basis for justifying a violation of rights in the Canadian Charter of Rights and Freedoms through section 1.
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
From 1975 until 2018 the Court of Appeal was constituted as the appeal division of the Supreme Court of Newfoundland and Labrador with judges appointed specifically to hear appeals from the General Division of the Supreme Court. Prior to 1975 both trial and appeals were carried out in the Supreme Court, where the individual judges routinely ...
The case dates back to 2022, when the federal government sued the state over its abortion ban, which went into effect when the Supreme Court overturned Roe v. Wade.
List of Newfoundland cases of the Judicial Committee of the Privy Council cases (pre-1949) This page lists cases appealed from the Newfoundland courts to the Judicial Committee of the Privy Council, prior to 1949. Before 1949, Newfoundland was a separate British possession, with Dominion status from 1907 to 1949.
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