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A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
In Canada, the rules of civil procedure are administered separately by each jurisdiction, both federal and provincial. Nine provinces and three territories in Canada are common law jurisdictions. One province, Quebec, is governed by civil law. [1] In all provinces and territories, there is an inferior and superior court. [1]
The Supreme Court of Canada in Ottawa, west of Parliament Hill. The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), [1] [2] and Indigenous law systems [3] developed by the various Indigenous Nations.
Except where the reasons are announced orally at the hearing, the Court normally reserves its decision. While the case is on reserve, the judges spend a considerable amount of time producing detailed written reasons for judgment. That process may take several months, or over a year.
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]
This right has generated significant case law, as abortion in Canada was legalized in R v Morgentaler (1988) after the Supreme Court found the Therapeutic Abortion Committees breached women's security of person by threatening their health. Some judges also felt control of the body was a right within security of the person, breached by the ...
Halsbury's Laws of Canada is a comprehensive national encyclopedia of Canadian law, published by LexisNexis Canada, which includes federal, provincial and territorial coverage. It is the only Canadian legal encyclopedia covering all fourteen Canadian jurisdictions. Following an alphabetized title scheme, [1] it covers 119 discrete legal ...
In Canadian administrative law, judicial review is for courts to ensure "administrative decision-makers" stay within the boundaries of the law. [1] It is meant to ensure that powers granted to government actors, administrative agencies, boards and tribunals are exercised consistently with the rule of law. Judicial review is intended as a last ...