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Appeals from the Court of Appeal lie with the Supreme Court of Canada, Canada's court of last resort. Other than certain criminal matters, appeals to the Supreme Court of Canada are heard only by leave of that court. Since the Supreme Court denies leave in most cases, the Court of Appeal is the final court for most matters originating in Alberta.
R v Ewanchuk, [1999] 1 SCR 330 is a leading Supreme Court of Canada case concerning the defence of consent to a charge of sexual assault. The Court held that there was no defence of implied consent. The case is also notable for the controversy that arose between Justice John McClung and Justice Claire L'Heureux-Dubé.
Judgment: May 13, 2022; Full case name: Matthew Winston Brown v. Her Majesty The Queen: Citations: 2022 SCC 18: Docket No. 39781 [1] Prior history: Judgment for Crown in the Court of Appeal for Alberta: Holding; Section 33.1 of the Criminal Code violates section 7 and section 11(d) of the Canadian Charter of Rights and Freedoms and cannot be ...
The Alberta Court of Appeal later allowed the respondents' appeal and dismissed Bhasin's lawsuit, finding his pleadings to be insufficient and holding that the lower court erred by implying a term of good faith in the context of an unambiguous contract containing an entire agreement clause. Bhasin appealed to the Supreme Court of Canada.
The Alberta Reference provided the Supreme Court of Canada with an opportunity to interpret the scope of protection afforded to collective bargaining and strikes under the Charter. The province of Alberta referred a reference question to the Alberta Court of Appeal, which was decided in favour of the Government of Alberta. The reference ...
On appeal, the Alberta Court of Appeal overturned the decision, holding that section 213(a) violated section 7 and section 11(d) of the Canadian Charter of Rights and Freedoms ("Charter"). The issue before the Supreme Court was whether the appeal court was correct in holding section 213(a) as a violation of sections 7 and 11(d) of the Charter.
At trial the store was acquitted, and an appeal was dismissed by the Alberta Court of Appeal. The constitutional question put before the Court was whether the Act infringed the right to freedom of conscience and religion , if so, whether it is justified under section 1 of the Charter , and whether the Act was intra vires ("within") Parliament's ...
"This is an appeal from a Judgment of the Court of Appeal of British Columbia, dated the 6th of June 1911, reversing a Judgment of Mr. Justice Clement, dated the 29th of September 1910, awarding $171,500 damages and costs to the Appellants, and dismissing their cross appeal against so much of the said Judgment as directed that a deduction of ...