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On December 21, 1988, after the decision of the Supreme Court of Canada in Ford v Quebec (AG), the National Assembly of Quebec employed section 33 and the equivalent section 52 of the Quebec Charter of Human Rights and Freedoms in their Bill 178. This allowed Quebec to continue to restrict the posting of certain commercial signs in languages ...
In December 2015, Prime Minister Justin Trudeau told the Assembly of First Nations (AFN) that he was "open to repealing laws unilaterally imposed on them". [5] According to an article in iPolitics, he said, "Where measures are found to be in conflict with your rights, where they are inconsistent with the principles of good governance, or where they simply make no public policy sense, we will ...
[4] [5] These legal and constitutional limitations were a significant reason that the Canadian Charter of Rights and Freedoms was established as an unambiguously-constitutional-level Bill of Rights for all Canadians, governing the application of both federal and provincial law in Canada, with the patriation of the Constitution of Canada in 1982
When a justice or court makes an order for the release or detention of the accused, or varies such an order, either party can bring an application to a superior trial court judge to review the order, and if necessary vacate and replace it. Once a decision is made, both parties must wait 30 days before being allowed to make another application.
Canadian administrative law is the body of law "that applies to all administrative decisions, whether issued by front-line officials, ministers, economic regulatory agencies, or administrative tribunals, with interpretations of law and exercises of discretion subject to the same . . . rules."
Trudeau remained willing to trade the powers of disallowance and reservation for a bill of rights. In 1978, An Act to amend the Constitution of Canada with respect to matters coming within the legislative authority of the Parliament of Canada (Bill C-60) was introduced to the 30th Parliament by the Liberal government under Pierre Trudeau. The ...
In R. v. Nova Scotia Pharmaceutical Society the Supreme Court of Canada found that an open-ended statute (prohibiting companies from "unduly" lessening competition) was not a breach of Section 11(a). In R. v. Delaronde (1997), the Supreme Court of Canada found section 11 (a) is meant not only to guarantee a fair trial but also to serve as an ...
The federal government also has the power to pose a reference to the Court on its own motion, as an original proceeding, without requiring leave from the Court. Leave applications are considered by the justices in groups of three. Only cases which raise questions of public importance are granted. [2]