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239 result(s)
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1.
Re: Authority of Parliament in relation to the Upper House - [1980] 1 SCR 54 - 1979-12-21
Supreme Court JudgmentsConstitutional law
Re: Authority of Parliament in relation to the Upper House, Renvoi : Compétence du Parlement relativement à la Chambre haute, [1980] 1 SCR 54, [1980] 1 RCS 54 [...] Re: Authority of Parliament in relation to the Upper House, [1980] 1 S.C.R. 54 [...] REFERENCE by the Governor General in Council, pursuant to s. 55 of the Supreme Court Act, concerning the legislative authority of the Parliament of Canada in relation to the Upper House.
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2.
Reference re Senate Reform - 2014 SCC 32 - [2014] 1 SCR 704 - 2014-04-25
Supreme Court JudgmentsConstitutional law
Referred to: Projet de loi fédéral relatif au Sénat (Re), 2013 QCCA 1807 (CanLII); Figueroa v. Canada (Attorney General), 2003 SCC 37, [2003] 1 S.C.R. 912; Reference re Authority of Parliament in relation to the Upper House, [1980] 1 S.C.R. 54; Reference re Secession of Quebec, [1998] 2 S.C.R. 217; Reference re Remuneration [...] “The Canadian Senate: An Upper House Criticized Yet Condemned to Survive Unchanged? [...] The bill was not adopted and, in 1980, this Court concluded that Parliament did not have the power under the Constitution as it then stood to unilaterally modify the fundamental features of the Senate or to abolish it: Reference re: Authority of Parliament in relation to the Upper House, [1980] 1 S.C.R. 54 (“Upper House
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3.
McEvoy v. Attorney General for New Brunswick et al. - [1983] 1 SCR 704 - 1983-06-07
Supreme Court JudgmentsAppeal
Constitutional law
The most recent example of this Court declining to answer a reference question occurred in Re Authority of Parliament in Relation to the Upper House, [1980] 1 S.C.R. 54 (the Senate reference). [...] 2. Is it within the legislative authority of the Parliament of Canada to enact legislation altering, or providing a replacement for, the Upper House of Parliament, so as to effect any or all of the following: [...] (a) to change the name of the Upper House; ... (c) to change the qualifications of members of that House;
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4.
Quebec (Attorney General) v. Canada (Attorney General) - 2015 SCC 14 - [2015] 1 SCR 693 - 2015-03-27
Supreme Court JudgmentsConstitutional law
[1] Fifteen years ago, this Court determined that Parliament, acting under its power to legislate in relation to criminal law, had the constitutional authority to establish a nationwide gun control scheme. [...] [13] The Court of Appeal reasoned that, since this Court held in the Reference re Firearms Act that the creation of the CFR was intra vires (that is, within the authority of) the federal Parliament, Parliament can also legislate to destroy it. [...] Moreover, it rejected an argument by the AGQ based on the Reference re Upper Churchill Water Rights Reversion Act, [1984] 1 S.C.R. 297 (“Upper Churchill”).
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5.
Ontario English Catholic Teachers' Assn. v. Ontario (Attorney General) - 2001 SCC 15 - [2001] 1 SCR 470 - 2001-03-08
Supreme Court JudgmentsConstitutional law
However, the Common Schools Act also established two central education authorities and set out their powers: the Chief Superintendent of Education for Upper Canada (ss. 103 to 113) and the Council of Public Instruction for Upper Canada (ss. 114 to 25). [...] What Dicey described under these terms are the principles and rules of responsible government, several of which are stated above and which regulate the relations between the Crown, the prime minister, the cabinet and the two Houses of Parliament. [...] 78 These principles explain how Parliament and the provincial legislatures are able to delegate taxing authority to municipalities, school boards and Aboriginal band councils.
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6.
Reference re Bill 30, An Act to Amend the Education Act (Ont.) - [1987] 1 SCR 1148 - 1987-06-25
Supreme Court JudgmentsConstitutional law
Authors Cited Canada. Debates of the House of Commons, 6th Sess., 7th Parliament, 59 Vict. 1896, col. 2719, at 2724, March 3, 1896. [...] Some time after Confederation in the debate re second reading of Bill No. 58, The Remedial Act (Manitoba), in Debates of the House of Commons, 6th Sess., 7th Parliament, 59 Vict. 1896, col. 2719, at 2724, March 3, 1896, Sir Charles Tupper confirmed that s. 93 was part of a solemn pact resulting from the bargaining which [...] But the province is master of its own house when it legislates under its plenary power in relation to denominational, separate or dissentient schools.
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7.
Mercer v. Attorney General for Ontario - (1881) 5 SCR 538 - 1881-11-14
Supreme Court JudgmentsEstates
In all the acts relating to that subject since parliament was [Page 572] [...] that of the Governor-General (a provision re-enacted from the preceding constitutions of 1791 and 1840. [...] But, once more, this does not give rise to relative authority, since each of the governments remains absolute master and independent of the other within its sphere of authority.
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8.
The Queen v. Belleau - (1881) 7 SCR 53 - 1881-02-10
Supreme Court JudgmentsContract
Yet not only was not His Excellency's previous recommendation of it obtained and communicated to the house as required by the 9 Vic. ch. 114, before the house could constitutionally take into consideration any such proposed appropriation of public money, but moreover, the bill originated in the upper house (journals of [...] Why, then, though on the face of it, it would at first sight seem to contain an appropriation of the public funds, was this bill so allowed to be originated in the upper house, and why was His Excellency's previous recommendation of it not considered necessary in the lower house? [...] The acts which authorized their issue were acts of the legislature of the province of Upper Canada, passed before the union of Lower and Upper Canada, viz: 1 Wm. IV, ch. 16; 3 Wm. IV, ch. 37; 6 Wm. IV, ch. 30, and 7 Wm. IV, ch. 76.
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9.
Law society of Upper Canada v. Skapinker - [1984] 1 SCR 357 - 1984-05-03
Supreme Court JudgmentsConstitutional law
Law society of Upper Canada v. Skapinker, Law society of Upper Canada c. Skapinker, 17537, [1984] 1 SCR 357, [1984] 1 RCS 357 [...] Law Society of Upper Canada v. Skapinker, [1984] 1 S.C.R. 357 The Law Society of Upper Canada Appellant; [...] Like materials were presented to and were commented on by this Court in Re: Authority of Parliament in Relation to the Upper House [the Senate Reference], [1980] 1 S.C.R. 54, at p. 66, where it was stated:
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10.
R. v. Morgentaler - [1993] 3 SCR 463 - 1993-09-30
Supreme Court JudgmentsConstitutional law
(c)Upper Gastro-Intestinal Endoscopy (d)Abortion, including a therapeutic abortion, but not including emergency services related to a spontaneous abortion or related to complications arising from a previously performed abortion [...] The former exclusionary rule regarding evidence of legislative history has gradually been relaxed (Reference re Upper Churchill Water Rights Reversion Act, [1984] 1 S.C.R. 297, at pp. 317-19), but until recently the courts have balked at admitting evidence of legislative debates and speeches. [...] Such evidence was described by Dickson J. in Reference re Residential Tenancies Act, 1979, supra, at p. 721 as "inadmissible as having little evidential weight", and was excluded in Reference re Upper Churchill Water Rights Reversion Act, supra, at p. 319, and Attorney General of Canada v. Reader's Digest Association
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11.
In re Prohibitory Liquor Laws - (1895) 24 SCR 170 - 1895-01-15
Supreme Court JudgmentsConstitutional law
In re Prohibitory Liquor Laws, (1895) 24 SCR 170 Supreme Court of Canada [...] In re Prohibitory Liquor Laws (1895) 24 SCR 170 Date: 1895-01-15 In re Provincial Jurisdiction to pass Prohibitory Liquor Laws. [...] In Her Majesty's address to both houses upon the opening of parliament in February, 1867, she was pleased
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12.
Caron v. Alberta - 2015 SCC 56 - [2015] 3 SCR 511 - 2015-11-20
Supreme Court JudgmentsConstitutional law
I, 1re sess., 1re lég., 12 décembre 1867, p. 68. Canada. House of Commons. [...] must be mindful that, even at the time of Confederation, the protection of minority rights was “an essential consideration in the design of our constitutional structure”: Reference re Secession of Quebec, at para. 81, citing Reference re Authority of Parliament in relation to the Upper House, [1980] 1 S.C.R. 54, at p. 71. [...] [236] When engaging in constitutional interpretation, this Court has repeatedly emphasized the importance of the minority perspective in constitutional negotiations: see e.g. Reference re Supreme Court Act; Secession Reference, at paras. 79-82; Reference re Authority of Parliament in relation to the Upper House, [1980] 1
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13.
MacDonald v. City of Montreal - [1986] 1 SCR 460 - 1986-05-01
Supreme Court JudgmentsAppeal
Constitutional law
But may/either is used in relation to the language of the debates in both Houses and in relation to the language of the courts in both jurisdictions. [...] assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled An Act to Re‑unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that it shall be lawful [...] III. And be it enacted, that the Act of the Imperial Parliament, passed in the Session held in the third and fourth years of Her present Majesty's Reign, and intituled An Act to Re‑unite the Provinces of Upper and Lower Canada, and for the Government of Canada, shall be translated into the French language and distributed as
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14.
Re B.C. Motor Vehicle Act - [1985] 2 SCR 486 - 1985-12-17
Supreme Court JudgmentsConstitutional law
Criminal law
39. In Reference re Upper Churchill Water Rights Reversion Act, [1984] 1 S.C.R. 297, at p. 317, however, McIntyre J. stated that, [...] 44. In Re: Authority of Parliament in relation to the Upper House, [1980] 1 S.C.R. 54, the Court stated, at p. 66: [...] 48. In Reference re Upper Churchill Water Rights Reversion Act, supra, McIntyre J. wrote at p. 319;
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15.
Saumur v. City of Quebec - [1953] 2 SCR 299 - 1953-10-06
Supreme Court JudgmentsConstitutional law
every such bill, prior to assent, should be laid before both Houses of Parliament of the United Kingdom, and within thirty days thereof, in case either House of Parliament should address Her Majesty to withhold Her assent from any such bill, it should not be lawful for Her Majesty to signify Her assent. [...] With respect to the charter, I would construe its provisions as not intended to authorize such a by-law; Reference re Minimum Wage Act[42]. [...] They are of a nature which fall within the general authority of Parliament to make laws for the order and good government of Canada, and have direct relation to criminal law, which is ope of the enumerated classes of subjects assigned exclusively to the Parliament of Canada.
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16.
In re International and International Provicial Ferries - (1905) 36 SCR 206 - 1905-05-15
Supreme Court JudgmentsConstitutional law
The Parliament of Canada has authority to, or to authorize the Governor General in Council to, establish or create ferries between a province and any British or foreign country or between two provinces. [...] These statutes related only to Upper Canada. At the time of confederation the Consolidated Statutes of Upper Canada of 1859 were in force. [...] ferries on the frontier line of Upper Canada. The Confederation Act was then passed which by section 91 conferred upon the Parliament of Canada authority to legislate in regard to ferries between a province and any British or foreign country or between two provinces.
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17.
Re: Resolution to amend the Constitution - [1981] 1 SCR 753 - 1981-09-28
Supreme Court JudgmentsConstitutional law
v. Government of Newfoundland[13]; Alexander E. Hull & Co. v. M'Kenna[14] and Copyright Owners Reproduction Society Ltd. v. E.M.I. (Australia) Proprietary Ltd.[15]; Blackburn v. Attorney-General[16] and the judgment of this Court in the Senate Reference, Re: Authority of Parliament in relation to the Upper House[17]. [...] The scope of s. 91(1) was considered by this Court in Re: Authority of Parliament in relation to the Upper House[34] (herein the Senate Reference). [...] Should it find that a question might be misleading, or should it simply wish to avoid the risk of misunderstanding, the Court is free either to interpret the question as in Re: Authority of Parliament in relation to the Upper House (the Senate Reference)[50], at p. 59, or it may qualify
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18.
Bell v. Ontario Human Rights Com'n. - [1971] SCR 756 - 1971-02-01
Supreme Court JudgmentsAdministrative law
2. I bought the house in 1965 and continued to live on the lower floor as before and rented the upper floors. [...] 4. The tenants can only get to the upper floors by entering the house through the front door and hall-way and thus reaching the stairs. [...] That principle has often been given judicial expression, seldom better perhaps, than by McRuer C.J.H.C. in Re Jackson et al. and Ontario Labour Relations Board[6]:
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19.
Ontario Home Builders' Association v. York Region Board of Education - [1996] 2 SCR 929 - 1996-08-22
Supreme Court JudgmentsConstitutional law
Criminal law
Its author became a member of parliament in this latter year and commanded much attention in the British House of Commons. [...] Section 91(3) gives Parliament authority for "The raising of Money by any Mode or System of Taxation". [...] This Court was of the view that the exemption provided for in s. 125 was limited to taxation, i.e., levies enacted pursuant to, in that case, Parliament’s legislative authority under s. 91(3) of the Constitution Act, 1867 .
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20.
In Re Provincial Fisheries - (1896) 26 SCR 444 - 1896-10-13
Supreme Court JudgmentsProperty law
In Re Provincial Fisheries, (1896) 26 SCR 444 Supreme Court of Canada [...] sections, all relating to non-navigable waters, are also intra vires according to the same authority. [...] In Re The London & Westminster Bank[115], the judges declined answering a question put by the House of
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21.
Reference re Secession of Quebec - [1998] 2 SCR 217 - 1998-08-20
Supreme Court JudgmentsConstitutional law
Courts
International law
Section 101 of the Constitution Act, 1867 gives Parliament the authority to grant this Court the reference jurisdiction provided for in s. 53 of the Supreme Court Act . [...] Second, where the parties have not provided sufficient information to allow the Court to provide a complete or accurate answer: see, e.g., Reference re Education System in Island of Montreal, [1926] S.C.R. 246; Reference re Authority of Parliament in relation to the Upper House, [1980] 1 S.C.R. 54 (Senate Reference); [...] Representation in the Lower House was to be based on population, whereas in the Upper House it was to be based on regional equality, the regions comprising Canada East, Canada West and the Maritimes.
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22.
Province of Ontario & Province of Quebec v. Dominion of Canada. In re common School Fund & Lands - (1898) 28 SCR 609 - 1898-06-14
Supreme Court JudgmentsConstitutional law
In re common School Fund & Lands, (1898) 28 SCR 609 Supreme Court of Canada [...] The arbitrators were appointed under authority of statutes passed by the Dominion Parliament and legislatures of the said provinces in 1891, namely, 54 & 55 Vict. ch. 6 (D); 54 Vict. ch. 2 (Ont.); and 54 Vict. ch. 4 (Que.) These statutes were identical in terms that passed by the Dominion Parliament containing the [...] "I observe that your objection is that submitting to arbitration the questions relating to this fund would be a re-opening of the questions already decided by the award, but this is not so.
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23.
A.G. Can. v. Law Society of B.C. - [1982] 2 SCR 307 - 1982-08-09
Supreme Court JudgmentsCompetition law
Constitutional law
Courts
Brendan O'Brien, Q.C., for the intervener the Law Society of Upper Canada. [...] In my view Parliament lacks the constitutional authority to so provide. [...] Under the constitution established by The British North America Act, legislative power for Canada is vested in one Parliament consisting of the Sovereign, an upper house styled the Senate, and the House of Commons.
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24.
Reference re Same-Sex Marriage - 2004 SCC 79 - [2004] 3 SCR 698 - 2004-12-09
Supreme Court JudgmentsConstitutional law
Courts
A. Question 1: Is the Proposed Act Within the Exclusive Legislative Authority of the Parliament of Canada? [...] Section 2 of the Proposed Act is therefore ultra vires Parliament. 38 While it is true that Parliament has exclusive jurisdiction to enact declaratory legislation relating to the interpretation of its own statutes, such declaratory provisions can have no bearing on the constitutional division of legislative authority. [...] (2) where the parties have not provided the Court with sufficient information to provide a complete answer: see, e.g., Reference re Authority of Parliament in relation to the Upper House, [1980] 1 S.C.R. 54, at pp. 75-77; and Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island, at para. 257.
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25.
Murray‑Hall v. Quebec (Attorney General) - 2023 SCC 10 - 2023-04-14
Supreme Court JudgmentsConstitutional law
[1] A few years ago, the federal Parliament passed legislation relating to cannabis. [...] Addressing the possibility that the purpose of the federal Act is being frustrated, the court rejected Mr. Murray‐Hall’s argument that Parliament not only decriminalized home cultivation but actually authorized it for the purpose of reducing illicit activities in relation to cannabis. [...] The impugned provisions do not represent a colourable attempt to re‐enact the criminal law prohibitions repealed by Parliament.