scholarly journals La Cour provinciale et l'art. 96 de l'A.A.N.B.

2005 ◽  
Vol 18 (4) ◽  
pp. 881-920
Author(s):  
Jacques Deslauriers
Keyword(s):  
Federal Government ◽  
Provincial Government ◽  
Circuit Court ◽  
School Taxes ◽  
Foreign Countries ◽  
Administration Of Justice ◽  
Canadian Provinces ◽  
The Stability ◽  
The Mind ◽  
Court Of Appeal

In the Province of Quebec, the Provincial Court constitutes one of the most important benches after the Court of Appeal and the Superior Court. At its beginning in 1869, the Provincial Court was termed the Magistrate's Court and its juridiction was very circumscribed. The constitutional problem arising from the existence of such a court was not obvious as it is today. In 1867, when the B.N.A. Act was drafted, the powers concerning the administration of justice in the Province, including the constitution, maintenance and organisation of provincial courts, both civil and criminal, and including procedure in civil matters, were conferred on the provinces by section 92(14). But by section 96, it was provided that the Governor General should appoint the judges of the Superior, District and County courts in each province. These provisions of the B.N.A. Act are extremely confused, so that more than 130 published cases have not succeeded in clarifying definitively the interpretation of sections 96 and 92(14), and such a situation imperils the stability of the judiciary in the Canadian provinces. For the analysis of section 96 of the B.N.A. Act, we must refer to some concepts in English Law about Superior Courts and Inferior Courts. The Magistrate's Court, now the Provincial Court in Quebec, has in fact replaced the Circuit Court whose competence was exercised by judges of the Superior Court appointed by the Federal Government. It is not obvious that in 1867 the Circuit Court was an inferior bench in the mind of the drafters of the B.N.A. Act. At that time the inferior courts in the Province of Quebec were the Commissary Courts and the Justices of the Peace. In 1869 when the Magistrate's Court was established, nobody was wandering about the constitutional question because the jurisdiction of the Court was limited to the collection of municipal and school taxes and to suits actions in which the amount was less than $ 25.00. But in 1888 and 1889 when the Provincial Legislature attempted to replace the Circuit Court in the District of Montreal with the Magistrate's Court, the Federal Government disallowed the laws because judges appointed by the Provincial Government were invested with powers which were up to that time exercised by judges appointed by virtue of section 96 of the B.N.A. Act. The Federal Government was then invited to appoint judges especially affected to the Circuit Court of Montreal, but the Magistrate's Court continued to exist in other judicial districts without extent of jurisdiction. In 1922, the Provincial Legislature tried agin to raise the powers of the Magistrate's Court by transferring to it all the functions exercised by Superior Court judges in the Circuit Court. But at this moment, the Federal Government did not intervene with it's disallowance power. So, once the delay for disallowance had expired, the Provincial Government continued to raise the competence of the Magistrate's court until the abolition of the Circuit Court in 1952. Since 1952, the powers of the Magistrate's Court have not ceased to grow. In 1965, with the adoption of the new Code of Civil Procedure, the name of Magistrate's Court was changed to become the Provincial Court. In spite of it's importance, the constitutional question is not yet settled, and whatever method we use, we cannot justify the constitutionality of the Provincial Court. Several methods have been elaborated by judges to interpret section 96 of the B.N.A. Act. The particularist method consists in appreciating if a board or a bench is invested with powers which, in 1867, were exercised by judges appointed by the Federal Government. If so, the bench is considered inconstitutional. Another method is the functionalist method by which it is presumed that the judicial function should be exercised only by judges appointed by virtue of section 96. This method is not very often used. Finally, there is the globalist method which is more comprehensive but also more abstract, which consists in the recognition of the fact by the growth of its jurisdiction the Provincial Court has become a superior, district or county Court. Whatever method is used, it is very difficult to establish the constitutionality of the Provincial Court in the Province of Quebec. This situation incites a reflexion about the opportunity of section 96 of the B.N.A. ACT which restrains the Province from adopting judicial reforms that are very necessary. If after 110 years, we are not clear about the interpretation that should be given to section 96, we shall never be. In the actual context, the arguments presented by the Fathers of the Confederation for the drafting of section 96 are not very pertinent. If we examine other federal constitutions in foreign countries, it appears that in every case the drafters of such constitutions carefully avoid the situation in which we are placed by section 96 of the B.N. A. Act. Perhaps the better solution for us is the abrogation of section 96 of the B.N.A. act.

Alberta's economic woes have political consequences

2021 ◽  
Keyword(s):  
Federal Government ◽  
Oil Sands ◽  
Public Spending ◽  
Provincial Government ◽  
Economic Recovery ◽  
Structural Unemployment ◽  
Content Type ◽  
Political Consequences ◽  
Remaining Oil ◽  
Keystone Xl

Significance With steep reductions in public spending affecting education and social programmes, the budget signals an era of austerity in what had been Canada’s wealthiest province. One consequence is likely to be greater tension between the provincial government and the federal government in Ottawa. Impacts Major international funds will continue to divest from the oil sands sector, further depressing output as subsidies are cut. Remaining oil sands production will be increasingly automated, meaning that structural unemployment will persist. Ottawa’s refusal to contest US cancellation of the Keystone XL pipeline has raised tensions with the UCP government in Edmonton. The national broad-based economic recovery expected this year will largely bypass Alberta.

Reciprocal Processes of Human Dying and Its Activities

2021 ◽  
Vol 21 (1) ◽  
pp. 104-111
Author(s):  
Alexey E. Shishkin
Keyword(s):  
Social Order ◽  
Systems Approach ◽  
Primary Source ◽  
Interdisciplinary Approach ◽  
Functional Method ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
History Of ◽  
The Stability ◽  
The Mind

Introduction. In this article, we investigate the reasons for the “disappearance” of man in the context of his rejection of God, history, culture, nature. We are interested in a two-fold approach to understanding death: a) all perishable and imitative activity is a signal of the dying of both consciousness and a person; b) a material, fractional and secular person cannot construct Beauty, Truth, Eternity. Methods. The interdisciplinary approach showed a kink in a person from different angles. The hermeneutic approach helped to reveal the inner content of the concept of “death”. The systems approach showed the breadth of the studied object of death, affecting all institutional structures and spheres of life. The structural-functional method helped to present the phenomenon of death in a detailed manifestation both in ontogeny and phylogeny. The value-institutional analysis helped to realize the stability of the social order through the fixation of basic values in the mind. General scientific methods of cognition were used: induction and deduction, analysis and synthesis, the unity of the logical and the historical, the ascent from the concrete to the abstract. Results. If a person does not have transcendences, then the focus of understanding narrows, and the spiritual and moral parameters are replaced by consumerist ones. If a person defends only the immanence of being, then in a lonely and lonely state, his remoteness from the Primary Source means his own sentence to contentment with the ultimate “nothing”. Charles Tylor, through the concept of a “closed” or “horizontal” world, defines the nonsense of a person who is inside a transcendental structure. Discussion and Conclusion. The theme of death has shown the “cross-cutting nature” of the problem of domination/dependence on human death throughout the history of philosophy.

scholarly journals The CCF and Canada's Socialist Streak

Federalism-E ◽  
2019 ◽  
Vol 20 (1) ◽  
pp. 66-74
Author(s):  
Damian John McCracken
Keyword(s):  
Federal Government ◽  
Old Age ◽  
Political Ideology ◽  
Strong Support ◽  
Provincial Government ◽  
Early 20Th Century ◽  
Canadian Identity ◽  
Classical Liberal ◽  
The Great Depression ◽  
Socialist Movement

In the early 20th Century Canada saw the rise of a prominent socialist movement led by the Co-operative Commonwealth Federation (CCF). The CCF's influence on Canadian politics was essential to the creation of Canada's modern political ideology, which can be described as reform liberal. This ideology took hold due to the pressure that the CCF exerted on the two major federal parties, which could both be characterized as classical liberal. Due to the settlement pattern of the prairies and the actions of the federal government in response to the Great Depression, the CCF was able to secure a strong support base that propelled it to federal politics and allowed it to form a provincial government in Saskatchewan. Though it never formed a federal government, the CCF pushed for old age pension, reforms of corporate taxation, and Medicare. As a provincial actor and a "third force" upon the two ruling federal parties, the CCF and its successor the New Democratic Party’s contributions to Canadian identity and policy are beyond dispute.

Michael Skidmore v Led Zeppelin: Copyright infringement in music under US law

2020 ◽  
Vol 15 (5) ◽  
pp. 321-323
Author(s):  
Hayleigh Bosher
Keyword(s):  
Copyright Infringement ◽  
Ninth Circuit ◽  
Circuit Court ◽  
The Us ◽  
Ratio Rule ◽  
Court Of Appeal ◽  
Led Zeppelin

Abstract Michael Skidmore v Led Zeppelin No 16-56057, DC No 2:15-cv-03462-RGK-AGR, 9 March 2020 The US Ninth Circuit Court of Appeal upheld that Led Zeppelin's song Stairway to Heaven did not infringe the copyright of the instrumental song ‘Taurus’ and overruled circuit precedent to reject the inverse ratio rule.

Marriage-based Migration and Human Rights Education: Where Does Canada Stand?

2010 ◽  
Vol 2 (1) ◽  
Author(s):  
Noorfarah Merali
Keyword(s):  
Human Rights ◽  
Federal Government ◽  
Population Movement ◽  
Foreign Countries ◽  
International Reputation ◽  
Marriage Migrants ◽  
The Government ◽  
Developed Nations ◽  
Permanent Residents ◽  
Female Marriage

Immigration for marriage is one of the most prevalent forms of population movement from developing to developed nations, particularly for women (Ghosh, 2009). As an industrialized nation with an international reputation for embracing diversity and pluralism, Canada is a country where many individuals from the developing world aspire to establish their family lives. Approximately 30 percent of newcomers arriving in Canada annually are family members sponsored by Canadian citizens or permanent residents, with the majority of them being spouses from abroad (Citizenship and Immigration Canada, 2007). Since the foreign countries from which female marriage migrants have arrived often have different systems of governance and human rights records, the responsibility has been placed on the federal government to educate newcomers about their rights as migrants and their basic human rights (Global Commission on International Migration, 2005). Since Canada’s family sponsorship policy holds male sponsors of immigrant brides directly responsible for facilitating women’s integration and upholding their rights, the government has an equal obligation to educate sponsors about each party’s rights in the sponsorship relationship. This chapter describes the method and results of a content analysis of government issued information for sponsors and sponsored persons and its human rights coverage. It outlines implications for rights-based education targeting both newcomers and their hosts/sponsors in marriage-based immigration cases.

NEWSPAPER PHOTOGRAPHS’ INFLUENCE ON MADE IN NIGERIA PRODUCTS PATRONAGE IN ANAMBRA STATE, NIGERIA

2020 ◽  
Vol 11 (1) ◽  
pp. 171-184
Author(s):  
Owuamalam Emman-Owums ◽  
Chizoba P. Okonkwo ◽  
Stanley U. Ugboaja
Keyword(s):  
Federal Government ◽  
Research Method ◽  
Anambra State ◽  
Mental Picture ◽  
Goods And Services ◽  
The Core ◽  
Online Platforms ◽  
Integrated Or ◽  
The Mind ◽  
Made In

Pictures they say worth more than a thousand words. Photographs have gained a worldwide acceptance in terms of its usage in newspapers to stimulate the sales of goods and services based on its immense prowess to establish a mental picture in the mind of readers. This study examines newspaper photographs influence on made-in-Nigeria products patronage in Anambra State. The uses and gratifications theory was adopted as the core theoretical framework for this study. The study adopted survey research method with four hundred copies of questionnaire administered to respond-ents across five major cities in Anambra State. The study found that the regular usage of photographs on made-in-Nigeria product campaign by the newspapers have prompted many people to patronize locally made products. Therefore, this study rec-ommends that the use of photographs on made-in-Nigeria products’ campaign should be integrated or replicated on the various newspapers online platforms since majority of the respondents chose online, as their ideal source of accessing newspapers. Also, the study recommends that the federal government should ensure that the newspapers are constantly presenting pictures of quality made-in-Nigeria goods, so that readers’ will inadvertently get to associate these goods with quality and reliability.

Canadian Variation by Province in Rheumatoid Arthritis Initiating Anti–Tumor Necrosis Factor Therapy: Results from the Optimization of Adalimumab Trial

2010 ◽  
Vol 37 (12) ◽  
pp. 2469-2474 ◽  
Author(s):  
CHRISTOPHER PEASE ◽  
JANET E. POPE ◽  
CARTER THORNE ◽  
BOULOS PAUL HARAOUI ◽  
DON TRUONG ◽  
...  
Keyword(s):  
Rheumatoid Arthritis ◽  
Tumor Necrosis Factor ◽  
Tumor Necrosis ◽  
Health Assessment ◽  
Provincial Government ◽  
Joint Disease ◽  
Tender Joint Count ◽  
Tender Joint ◽  
Canadian Provinces ◽  
Necrosis Factor

Objective.We compared variations among Canadian provinces in rheumatoid arthritis (RA) initiating anti-tumor necrosis factor (TNF) therapy.Methods.Data were obtained from the Optimization of Humira trial (OH) and from the Ontario Biologics Research Initiative (OBRI). Baseline characteristics were compared between regions: Ontario (ON), Quebec (QC), and other provinces (OTH). We compared Ontario OH to OBRI patients who were initiating anti-TNF therapy.Results.In 300 OH patients, mean age was 54.8 years (13.3). There were 151 (50.3%) ON patients, 57 from QC (19%), and 92 from OTH (30.7%). Regional differences were seen in the number of disease-modifying antirheumatic drugs (DMARD) ever taken (ON: 3.8 ± 1.4, QC: 3.1 ± 1.1, OTH: 3.3 ± 1.4; p < 0.001); swollen joint count (SJC; ON: 10.9 ± 5.9, QC: 9.0 ± 4.4, OTH: 11.3 ± 5.6; p = 0.033); tender joint count (TJC; ON: 12.2 ± 7.5, QC: 10.3 ± 5.7, OTH: 14.4 ± 7.6; p = 0.003); 28-joint Disease Activity Score (DAS28; ON: 5.8 ± 1.2, QC: 5.6 ± 1.0, OTH: 6.0 ± 1.1; p = 0.076); and Health Assessment Questionnaire (ON: 1.4 ± 0.7, QC: 1.7 ± 0.7, OTH: 1.5 ± 0.7; p = 0.060). DMARD-ever use differed: methotrexate (ON: 94.7%, QC: 93%, OTH: 84.8%; p = 0.025); leflunomide (ON: 74.8%, QC: 21.1%, OTH: 51.1%; p < 0.001); sulfasalazine (ON: 51%, QC: 38.6%, OTH: 25%; p < 0.001); myochrysine (ON: 9.3%, QC: 0%, OTH: 15.2%; p = 0.008); and hydroxychloroquine (ON: 67.5%, QC: 86%, OTH: 66.3%; p = 0.018). In comparison to ON OH patients, 95 OBRI patients initiating first anti-TNF had lower SJC (p = 0.017), TJC (p = 0.008), and DAS28 (p = 0.05).Conclusion.In Quebec, where access to anti-TNF is less restrictive, patients had lower SJC and TJC. ON used more DMARD, especially leflunomide, as mandated by the provincial government. Both provincial funding criteria and prescribing habits may contribute to differences. Canadian rheumatologists may vary in treatment decisions, but patients generally have similar DAS28 when initiating anti-TNF therapy.

scholarly journals Peculiarities of using information technologies through the prism of the principles of civil proceedings

2021 ◽  
Vol 10 (44) ◽  
pp. 220-229
Author(s):  
Olena Marycheva ◽  
Vitalii Kucher ◽  
Tetyana Kurylo ◽  
Roman Demkiv ◽  
Nataliia Grabar
Keyword(s):  
Information Technology ◽  
Best Practices ◽  
Information Technologies ◽  
Basic Principles ◽  
Procedural Law ◽  
Foreign Countries ◽  
Civil Proceedings ◽  
Administration Of Justice ◽  
Prospects Of Application

The aim of the study is to reveal the features of the use of information technology in civil proceedings in terms of compliance with its basic principles, because the digitalization of judiciary through the implementation of modern IT technologies in Ukraine is one of the most effective ways to improve the level and quality of administration, of justice, fulfillment of its tasks. Fair, impartial and timely consideration and resolution of civil cases is impossible without adherence to its principles, which are key guidelines in the formation of procedural law. The study was conducted using general and special methods of scientific knowledge: comparative, historical and legal, formal-logical, dialectical, system-structural. After analyzing current and future legislation, doctrinal approaches, best practices of foreign countries, the authors revealed the benefits of implementing information technology in civil proceedings and their impact on the realization of such principles as: rule of law, equality of all participants before the law and court, publicity and openness of the trial, reasonable time for consideration of the case by court, adversarial parties. On the basis of the conducted research generalizations and conclusions regarding the state and prospects of application of information technologies in civil proceedings through a prism of its principles are made.

scholarly journals Supreme Court of Canada Cases Strengthen Argument for Municipal Obligation to Discharge Duty to Consult: Time to Put Neskonlith to Rest

2019 ◽  
Author(s):  
Angela D’Elia Decembrini ◽  
Shin Imai
Keyword(s):  
British Columbia ◽  
Supreme Court ◽  
Provincial Government ◽  
First Nation ◽  
Shopping Mall ◽  
Supreme Court Of Canada ◽  
Treaty Rights ◽  
Indigenous Group ◽  
The City ◽  
Court Of Appeal

Can municipalities infringe Aboriginal or treaty rights without consulting the affected Indigenous group? In Neskonlith Indian Band v. Salmon Arm (City), the British Columbia Court of Appeal answered this question in the affirmative, finding that the city of Salmon Arm did not need to consult the Neskonlith First Nation about impacts from the construction of a shopping mall. In what was technically obiter dicta, the Court permitted the municipal project to proceed, and told the First Nation that its only recourse was to complain to the provincial government in a separate proceeding.

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