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However, the Government of Ontario chose to appeal Belobaba's ruling, and on September 19, the Court of Appeal for Ontario granted a stay of proceedings pending the resolution of the appeal. [13] [c 9] Since the stay ruling was successful, the Ontario government did not need to utilize the notwithstanding clause. [16]
Held that a New York resident (whose state had women's suffrage) lacked any particularized standing to challenge alleged state-level of the ratification of the Nineteenth Amendment to the United States Constitution. This was a landmark case, prior to this, private citizens were permitted to litigate public rights. 9–0 Frothingham v. Mellon: 1923
Ontario (Attorney General) v Fraser [2011] 2 SCR 3 is a Canadian labour law case concerning the protection of collective bargaining under section 2(d) of the Canadian Charter of Rights and Freedoms. At issue was an Ontario law that created a separate labour relations regime for agricultural workers.
According to Crevier v Quebec (AG), section 96 of the Constitution Act, 1867 provides the superior courts of the provinces with "inherent constitutionally protected jurisdiction to decide the vires and constitutionality of any enactment, whether federal or provincial, unless that jurisdiction is explicitly taken away within the constitutional ...
In another major standing case, Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992), the Supreme Court elaborated on the redressability requirement for standing. [47] The case involved a challenge to a rule promulgated by the Secretary of the Interior interpreting §7 of the Endangered Species Act of 1973 (ESA). The rule rendered §7 of the ESA ...
On November 3, 2022, the government of Ontario passed a bill that imposed a contract on Ontario education workers who were part of the Canadian Union of Public Employees to prevent them from striking; the bill used the Notwithstanding Clause in an attempt to prohibit the union from a constitutional challenge regarding the freedom to associate ...
In Ontario, the Judicial Appointments Advisory Committee (JAAC) is made up of 13 members: 7 lay members, 2 judges, 1 member appointed by the Ontario Judicial Council, and 3 from the legal community. [2] JAAC recommends a list of 3 or 4 candidates, far less than its federal counterpart. [3]
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]