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Journal articles on the topic 'Canada. Federal Court of Appeal'

Author: Grafiati

Published: 12 December 2022

Last updated: 31 July 2025

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1

Carr, Brian R., Brittany Finn, and Ryan Wolfe. "Corporate Tax Planning: GAAR: An Economic Test?—The Courts Divide." Canadian Tax Journal/Revue fiscale canadienne 68, no. 1 (2020): 351–90. http://dx.doi.org/10.32721/ctj.2020.68.1.ctp.

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The authors of this article review the history and development of the general anti-avoidance rule (GAAR) in section 245 of the Income Tax Act (Canada), for the purpose of assisting in the analysis of recent decisions of the federal and provincial courts of appeal. They discuss the inherent difficulty in construing section 245 and outline various tests that the courts could have employed to interpret its provisions. The authors then review three of the four decisions in which the Supreme Court of Canada interpreted GAAR—<i>Canada Trustco</i>, <i>Mathew</i>, and <i>

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Netolitzky, Donald J., and Richard Warman. "As the Water Grinds the Stone: Comparison of Represented and Self-represented Appellant Populations in the Federal Court of Appeal." Windsor Yearbook of Access to Justice 37, no. 1 (2022): 206–59. http://dx.doi.org/10.22329/wyaj.v37i1.7195.

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This article reports a quantitative and statistically reliable population investigation of 552 Federal Court of Appeal proceedings that were appeals by represented and self-represented appellants who, in 2016 or 2017, appealed decisions of the Federal Court or Tax Court of Canada. Appeals by the Crown, non-Crown represented appellants, and self-represented appellants exhibited markedly different frequencies at which appeals were granted, and patterns for how appeals were terminated. Nearly half of Crown appeals were granted, but less than one in twenty self-represented appellants had any degre

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Crowne, E. "TEACHERS not registrable in Canada, says Federal Court of Appeal." Journal of Intellectual Property Law & Practice 7, no. 9 (2012): 651. http://dx.doi.org/10.1093/jiplp/jps109.

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Crowne, E. "Business methods patentable in Canada according to Federal Court of Appeal." Journal of Intellectual Property Law & Practice 7, no. 4 (2012): 226–27. http://dx.doi.org/10.1093/jiplp/jps006.

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Hennigar, Matthew A. "Expanding the ‘Dialogue’ Debate: Federal Government Responses to Lower Court Charter Decisions." Canadian Journal of Political Science 37, no. 1 (2004): 3–21. http://dx.doi.org/10.1017/s0008423904040041.

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The inter–institutional dynamics between courts and elected governments under the Canadian Charter of Rights and Freedoms have recently, and widely, been characterized as a "dialogue" over constitutional meaning. This article seeks to expand the systematic analysis of "dialogue" to lower courts of appeal, using Canadian federal government responses as a case study. In the process, the article clarifies the hotly debated operational definition of this metaphor, and develops two methodological innovations to provide a comprehensive measure of dialogue. The article's findings suggest that there i

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Heard, Andrew. "Conacher Missed the Mark on Constitutional Conventions and Fixed Election Dates." Constitutional Forum / Forum constitutionnel 19, no. 1, 2 & 3 (2012): 2010. http://dx.doi.org/10.21991/c9637h.

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Given the fundamental role that conventions play in the Canadian constitution, it is not surprising that litigants try from time to time to engage the courts in defining or even enforcing the terms of a particular convention. The Federal Court’s September 2009 decision in Conacher v. Canada (Prime Minister)1 is the latest high-profile example. Duff Conacher, Coordinator of Democracy Watch, had launched a court case that challenged the 2008 federal election call as contravening either the provisions of the government’s fixed-date election law (Bill C-16,2 passed in 2007), or conventions support

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Crowne, E. "Preserving the Amazon (patent): Federal Court of Appeal rules business methods patentable in Canada." Journal of Intellectual Property Law & Practice 7, no. 7 (2012): 528–33. http://dx.doi.org/10.1093/jiplp/jps047.

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Lefebvre, Camille, and Fannie Lafontaine. "The Exclusion Clause in Canada: Prioritizing Practical Expediency." International Journal of Refugee Law 33, no. 3 (2021): 405–35. http://dx.doi.org/10.1093/ijrl/eeab045.

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Abstract Applying the Canadian legal framework for refugees in compliance with binding international instruments has entailed significant challenges. In order to fulfil its dual obligations of protecting people under threat of torture and persecution, while denying refugee status to those responsible for such atrocities, Canada relies on the exclusion clause of the 1951 Convention relating to the Status of Refugees as a practical and expedient solution. This article provides a comprehensive review of the jurisprudence related to Canada’s exclusion system, examining the judicial reasoning of de

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Phillips, Dana. "Ishaq v Canada: “Social Science Facts” in Feminist Interventions." Windsor Yearbook of Access to Justice 35 (May 30, 2018): 99–126. http://dx.doi.org/10.22329/wyaj.v35i0.5271.

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This article examines the role of social science in feminist intervener advocacy, focusing on the 2015 case ofIshaq v Canada (Minister of Citizenship and Immigration). InIshaq, a Muslim woman challenged a Canadian government policy requiring her to remove her niqab while reciting the citizenship oath. The Federal Court of Appeal dismissed several motions for intervention by feminist and other equality-seeking organizations, emphasizing their improper reliance on unproven social facts and social science research. I argue that this decision departs from the generous approach to public interest i

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Newman, Dwight, and Wendy Elizabeth Ortega Pineda. "Comparing Canadian and Colombian Approaches to the Duty to Consult Indigenous Communities on International Treaties." Constitutional Forum / Forum constitutionnel 25, no. 1 (2016): 29. http://dx.doi.org/10.21991/c9v67f.

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In recent years, the development in Canada of a constitutional duty to consult Indigenous communities has had ramifications on government decision-making that are widespread, far-reaching, and potentially expansive. The modern duty to consult doctrine developed in a series of cases in 2004-2005, ensuring that governments have a duty to consult proactively with Aboriginal communities whose Aboriginal or treaty rights may be adversely impacted by a particular administrative decision, even in the face of uncertainty about the scope of asserted rights in the absence of a final settlement or court

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Sandler, Daniel, and Lisa Watzinger. "Disputing Denied Downward Transfer-Pricing Adjustments." Canadian Tax Journal/Revue fiscale canadienne 67, no. 2 (2019): 281–308. http://dx.doi.org/10.32721/ctj.2019.67.2.sandler.

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This article considers the appropriate forum for disputing a denied downward transfer-pricing adjustment under subsection 247(10) of the Income Tax Act ("the ITA"). It begins by describing various scenarios in which a request for a downward transfer-pricing adjustment may arise, examines the delegation to officials at the Canada Revenue Agency (CRA) of the authority to grant the adjustment, and outlines the CRA's administrative practice on when to grant such adjustments. It then explores whether the Federal Court or the Tax Court of Canada is the appropriate forum to adjudicate a denied downwa

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Mujuzi, Jamil Ddamulira. "The supreme court of Canada and the offender’s right to be transferred to serve his sentence in Canada: interpreting the international transfer of offenders act in light of Canada’s national and international human rights obligations." Baltic Journal of Law & Politics 6, no. 2 (2013): 102–23. http://dx.doi.org/10.2478/bjlp-2013-0013.

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ABSTRACT In September 2013 in the case of Divito v Canada (Public Safety and Emergency Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of the Canadian Charter of Rights and Freedoms, the Charter, which grants Canadians the right to enter Canada was violated in a case where the Minister of Public Safety and Emergency Preparedness declined to consent to the transfer of a Canadian citizen to serve his sentence in Canada where the sentencing state had consented to the transfer. Another issue was whether sections 8(1) and 10(1)(a) and 10(2)(a) of the Internati

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McLeod-Kilmurray, Heather. "Stichting Greenpeace and Environmental Public Interest Standing before the Community Judicature: Some lessons from the Federal Court of Canada." Cambridge Yearbook of European Legal Studies 1 (1998): 269–306. http://dx.doi.org/10.1017/s1528887000001178.

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On April 2,1998, three years after the ruling of the Court of First Instance, the European Court of Justice issued its appeal decision in the Stichting Greenpeace case. The Court of First Instance had denied locus standi under Article 230(4) (Article 173(4)) of the EC Treaty to Greenpeace, two local environmental groups and a series of individual applicants to challenge the decision of the European Commission to continue providing Community structural funds under the European Regional Development Fund (ERDF) to Spain to build two power stations in the Canary Islands.

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LINDSAY, KATE M., CLARK P. SVRCEK, and DANIEL W. SMITH. "EVALUATION OF CUMULATIVE EFFECTS ASSESSMENT INFRIENDS OF THE WEST COUNTRY ASSOCIATIONv.CANADAAND LAND USE PLANNING ALTERNATIVES." Journal of Environmental Assessment Policy and Management 04, no. 02 (2002): 151–69. http://dx.doi.org/10.1142/s146433320200098x.

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In 1994, Sunpine Forest Products Ltd. sought permits from Alberta government to construct a permanent log hauling road and approvals from the federal government for construction of required bridges associated with the road. A concerned citizens group challenged the Federal Government's subsequent bridge approvals in court, claiming that cumulative effects assessment was not adequately conducted under Canadian Environmental Assessment Act. The original Sunpine court decision agreed with the citizen group that the federal government erred in law by not including related projects and adequately c

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McLeod-Kilmurray, Heather. "13 Stichting Greenpeace and Environmental Public Interest Standing before the Community Judicature: Some lessons from the Federal Court of Canada." Cambridge Yearbook of European Legal Studies 1 (1998): 269–306. http://dx.doi.org/10.5235/152888712802821124.

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On April 2,1998, three years after the ruling of the Court of First Instance, the European Court of Justice issued its appeal decision in the Stichting Greenpeace case. The Court of First Instance had denied locus standi under Article 230(4) (Article 173(4)) of the EC Treaty to Greenpeace, two local environmental groups and a series of individual applicants to challenge the decision of the European Commission to continue providing Community structural funds under the European Regional Development Fund (ERDF) to Spain to build two power stations in the Canary Islands.

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Réaume, Denise. "Language, Rights, Remedies, and the Rule of Law." Canadian Journal of Law & Jurisprudence 1, no. 1 (1988): 35–62. http://dx.doi.org/10.1017/s084182090000059x.

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When Georges Forest challenged the validity of Manitoba’s Official Language Act in 1976, he opened up the larger issue of the status of the province’s English-only legislation. The courts had little difficulty in concluding that the Act, which purported to make English the only language used in the courts and legislature of Manitoba, violated s. 23 of the Manitoba Act, 1870. This left open the fate of legislation enacted over the preceding ninety years in breach of the obligation to legislate in both French and English. Prima facie, the natural remedy, in the Canadian constitutional context, w

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Dishy, Eytan, and Chris Anderson. "The Permissibility of Surplus Stripping: A Brief History and Recent Developments." Canadian Tax Journal/Revue fiscale canadienne 69, no. 1 (2021): 1–33. http://dx.doi.org/10.32721/ctj.2021.69.1.dishy.

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"Surplus stripping" seeks to structure payments received by an individual from a corporation as capital gains rather than dividends, so that the payments are taxed at a lower rate. While Canada's courts have typically held that there is no anti-surplus-stripping scheme in the Income Tax Act, recent decisions of the Tax Court of Canada and the Federal Court of Appeal have found against taxpayers that have engaged in surplus-stripping transactions. This article considers the extent to which surplus strips remain permissible under the Act and, in particular, considers the application of subsectio

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Lemieux, Denis. "Les erreurs de droit dans l'exercice d'une compétence." Les Cahiers de droit 23, no. 3 (2005): 505–16. http://dx.doi.org/10.7202/042507ar.

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In this paper, the author deals with the legal foundations of judicial control over errors of law allegedly committed by administrative authorities. The paper also considers the scope of error of law on the face of the record as a ground of review. More specifically, the author has examined all the decisions rendered by the Quebec Court of Appeal, the Federal Court, and the Supreme Court of Canada in 1980 and 1981 where there was an allegation of error of law. From this statistical analysis, the author describes and explains the different, and seemingly contradictory, results achieved by these

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Cantin, Roger. "Redetermination of a Claim to Be a Convention Refugee; A Review of the Jurisprudence." Revue générale de droit 15, no. 3 (2019): 609–43. http://dx.doi.org/10.7202/1059528ar.

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The refugee determination process under the Immigration Act, 1976 comprises many steps which have been the subject of judicial interpretation. An individual claiming to be a “Convention refugee” in Canada will first be examined under oath with regard to his claim. The Refugee Status Advisory Committee will study the transcript of this examination. After obtaining the advice of the Committee, the Minister of Employment and Immigration will determine whether or not the claimant is a “Convention refugee”. Should this determination be negative, the person concerned will have the choice to apply to

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Gagné, Jacques. "Les ordonnances de dédommagement et de restitution en droit pénal canadien." Chronique de jurisprudence 20, no. 3 (2005): 603–23. http://dx.doi.org/10.7202/042330ar.

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This paper examines the constitutional law issue raised before the Supreme Court of Canada in the case of R. v. Anne Zelensky and the T. Eaton Co. Ltd. and the Attorney General of Canada, decided on May 1, 1978. Having discussed the judgment of the Manitoba Court of Appeal, the author proceeds to support the majority decision of the Supreme Court, as expressed by the Chief Justice, viz. that the provision for compensation orders in subsection 653(1) of the Criminal Code is intra vires the federal Parliament as part of the sentencing process. The paper then proceeds to draw a comparison between

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Anstis, Siena, Joshua Blum, and Jared Will. "Separate but Unequal: Immigration Detention in Canada and the Great Writ of Liberty." McGill Law Journal 63, no. 1 (2018): 1–44. http://dx.doi.org/10.7202/1054350ar.

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Canada maintains a separate legal regime for immigration detainees who, until recently, were denied the right to seek release by way of habeas corpus. This denial of one of the most deeply entrenched rights at common law and under the Canadian Charter of Rights and Freedoms was justified by the proposition that the immigration detention scheme is “separate but equal”—that it provides an adequate remedy such that habeas corpus is not necessary. Perhaps unsurprisingly, this “separate but equal” regime has failed to provide basic procedural and substantive protections that are available in other

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Ren, Raphael, Tiong Guan Saw, and Sujata Balan. "IS THERE A PRIVATE RIGHT TO PRIVACY IN MALAYSIA?" IIUM Law Journal 30, no. 1 (2022): 1–32. http://dx.doi.org/10.31436/iiumlj.v30i1.648.

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Despite widespread recognition as a fundamental human right across common law and civil law jurisdictions, the right to privacy remains a novel concept yet to be fully defined in Malaysia. Due to the absence of written law, Malaysian courts remain starkly divided on whether the right to privacy can sustain a free-standing cause of action enforceable between individuals in civil actions distinct from trespass, nuisance and breach of confidence. To resolve this legal conundrum, this article examines the current state of Malaysian law in recognising invasion of privacy as an actionable tort based

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Hennigar, Matthew A. "Why Does the Federal Government Appeal to the Supreme Court of Canada in Charter of Rights Cases? A Strategic Explanation." Law & Society Review 41, no. 1 (2007): 225–50. http://dx.doi.org/10.1111/j.1540-5893.2007.00296.x.

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Gray, Wayne D. "Personal Tax Planning: Due Diligence Defence to Liability for Unpaid Statutory Remittances." Canadian Tax Journal/Revue fiscale canadienne 68, no. 1 (2020): 281–312. http://dx.doi.org/10.32721/ctj.2020.68.1.ptp.

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Several potentially onerous liabilities may be imposed on directors outside the provisions of the statute under which their corporation is incorporated or continued. In particular, some of the most common sources of personal liability for directors arise under statutes requiring the corporation to pay employee payroll source deductions (income tax, Canada Pension Plan contributions, and employment insurance premiums), withholding taxes owing by non-residents of Canada, and net goods and services tax and harmonized sales tax remittances. These statutory regimes all have certain features in comm

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Crumley, Ellen T., Caroline Sheppard, Chantelle Bowden, and Gregg Nelson. "Canadian French and English newspapers’ portrayals of physicians’ role and medical assistance in dying (MAiD) from 1972 to 2016: a qualitative textual analysis." BMJ Open 9, no. 4 (2019): e020369. http://dx.doi.org/10.1136/bmjopen-2017-020369.

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ObjectiveTo examine how Canadian newspapers portrayed physicians’ role and medical assistance in dying (MAiD).DesignQualitative textual analysis.SettingOnline and print articles from Canadian French and English newspapers.Participants813 newspaper articles published from 1972 to 2016.ResultsKey Canadian events defined five eras. From 1972 to 1990, newspapers portrayed physician’s MAiD role as a social issue by reporting supportive public opinion polls and revealing it was already occurring in secret. From 1991 to 1995, newspapers discussed legal aspects of physicians’ MAiD role including Rodri

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Mcguire, Gregory. "IATA v. CTA: The SCC Rules on the Compatibility of Canada’s Air Passenger Protection Regulations with the Montreal Convention 1999." Air and Space Law 50, Issue 1 (2025): 1–12. https://doi.org/10.54648/aila2025003.

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In its recent ruling in IATA v. CTA, the Supreme Court of Canada (SCC) examined whether Canada’s Air Passenger Protection Regulations (APPR) were preempted by the exclusivity provision of Article 29 of the Montreal Convention 1999. The APPR is a consumer rights measure that imposes minimum compensation standards on airlines for occurrences such as flight delays and baggage disruptions – domains that at face value overlap with the Convention. The analysis begins with the SCC’s earlier decision in Thibodeau v. Air Canada, a case that established many of the foundational principles of Article 29

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Barry, Michael. "The Honour of the Crown in Aboriginal Land Issues: Manitoba Métis Federation Inc. v. R., 2013." GEOMATICA 69, no. 1 (2015): 65–73. http://dx.doi.org/10.5623/cig2015-104.

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Promises of land allotments that the Crown made to Métis children in 1870 were fulfilled for some eligible children and partially fulfilled for others. This led to the Manitoba Métis Federation and seventeen individuals initiating action against the federal Crown, claiming that the Crown had breached a fiduciary obligation to the Métis and had failed to uphold the honour of the Crown by not executing its obligation diligently, which, in turn, had caused injury to a number of the children. At trial, upheld on appeal, the case was dismissed. The fiduciary obligation was deemed not to exist, the

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Dodek, Adam. "The Politics of the Senate Reform Reference: Fidelity, Frustration, and Federal Unilateralism." McGill Law Journal 60, no. 4 (2015): 623–72. http://dx.doi.org/10.7202/1034050ar.

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References are the most political of cases, almost always involving high profile public policy issues. Frequently, references are brought to obtain rulings on the relationship between the federal government and the provinces. Less frequently, references involve questions of interbranch relations, that is, between two or more of the executive, legislative, and judicial branches of government. The Senate Reform Reference was one of the rare cases that featured each of these three elements. This article analyzes the Senate Reform Reference on several political levels. First, it situates the refer

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Stevens, Mark. "False Statement or Omission Penalties in Canadian Tax Law." Canadian Tax Journal/Revue fiscale canadienne 72, no. 1 (2024): 33–64. http://dx.doi.org/10.32721/ctj.2024.72.1.stevens.

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This article examines the judicial interpretation of subsection 163(2) of the Income Tax Act, which penalizes taxpayers for false statements or omissions arising from "knowledge" or "gross negligence." The article specifically focuses on the Federal Court of Appeal's decision in <i>Canada v. Paletta</i>, arguing that courts have inappropriately broadened the scope of the wilful blindness doctrine while insufficiently addressing the aspect of gross negligence. The author advocates for a narrower application of wilful blindness, consistent with other areas of law, and an expanded int

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Swords, Colleen, and Alan Willis. "The Decision of the International Court of Justice in the Case Concerning Legality of Use of Force (Serbia and Montenegro v. Canada)." Canadian Yearbook of international Law/Annuaire canadien de droit international 42 (2005): 353–83. http://dx.doi.org/10.1017/s0069005800008547.

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SummaryIn the spring of 1999, the NATO allies conducted a bombing campaign against the Federal Republic of Yugoslavia for several weeks. The campaign was a response to the failure of negotiations at Rambouillet, France, relating to a situation in Kosovo that United Nations agencies had characterized as a “humanitarian crisis.” In late April, only a few days after filing an Optional Clause declaration under the Statute of the International Court of Justice accepting the compulsory jurisdiction of the court subject to reservations, Yugoslavia initiated proceedings in the court against ten NATO a

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Piñero, Verónica B. "The Semantics of Repression: Linking, Opposing, and Linking again Rehabilitation and Protection of Society." Revue générale de droit 36, no. 2 (2014): 189–263. http://dx.doi.org/10.7202/1027109ar.

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Having explored the youth criminal legislation enacted by the Canadian federal government from the year 1857 to the year 2005, the author attempts to demonstrate that youth criminal intervention has moved from the notion of "child protection" to the notion of "protection of society." The significance of this theoretical shift is that, while the former sort of intervention is mostly concerned with the notions of "reintegration" and "inclusion", the latter is concerned with the notions of "deterrence" and "exclusion." For this study, the author first analyzes the societal factors that led Canadi

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Stürner, Michael. "Access to the Federal Court of Justice in Germany." Studia Iuridica 81 (October 24, 2019): 194–213. http://dx.doi.org/10.5604/01.3001.0013.5471.

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The text explains the role of the Supreme Court in the civil justice system in Germany with reference to a major reform of civil procedure that was enacted in 2001. The reform of access to the Federal Court of Justice aimed at striking a balance between individual justice and public interest. The author discusses the requirements of admissibility of ordinary appeal and appeal on points of law, which may be filed to the Federal Court of Justice. The German legislator has notably renounced the ratione valoris criterion (monetary threshold) and adopted the requirement of the leave to appeal. The

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Abua, Arinze, and Ndukauba C. Nuagbo. "The Practice of One Territorial Jurisdiction of the Federal High Court of Nigeria and the Need for Constitutional Amendments to Decongest the Courts." ABUAD Private and Business Law Journal 2, no. 1 (2018): 84–102. http://dx.doi.org/10.53982/apblj.2018.0201.05-j.

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This article reviews the decisions of the Supreme Court in Owners of M.V. Alabera v. NAIC (2008)11 NWLR (pt.1097) 182 which held that a State of Nigeria in relation to one another is outside jurisdiction of the Federal High Court of Nigeria and leave is required to issue, serve and mark as concurrent, one within and the other to be served outside jurisdiction and the recent decision of the Supreme Court that the Federal High Court has one jurisdiction means outside the Federal Republic of Nigeria in the case of Biem v. Social Democratic Party & 2ors unreported SC.341/2019. Even the issue o

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Faulds, P. Jonathan. "Writing on a Blank Slate: The Alberta Court of Appeal’s Early Charter Cases." Alberta Law Review 52, no. 1 (2014): 111. http://dx.doi.org/10.29173/alr15.

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This article describes several cases heard by the Alberta Court of Appeal during the first five years after the Charter was proclaimed. In doing so, it highlights the key contributions made by the Court of Appeal to early Charter interpretations. It further explores how the Alberta Court of Appeal’s Charter judgments were received by the Supreme Court of Canada. It outlines the contributions that these judgments made to foundational principles of Charter interpretation and ultimately concludes that the Alberta Court of Appeal had a significant role in shaping how the Charter was understood and

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Irving, Helen. "State Jurisdictional Residue: What Remains to a State Court When Its Chapter III Functions are Exhausted?" Federal Law Review 42, no. 1 (2014): 1–22. http://dx.doi.org/10.22145/flr.42.1.5.

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Momcilovic v The Queen (2011) 245 CLR 1 provided the first opportunity for the High Court of Australia to consider the constitutional validity of a ‘declaration of inconsistent interpretation’ made under s 36 of the Charter of Human Rights and Responsibilities Act 2006 (Vic). The Court's ruling on this point attracted attention going well beyond the rest of the case. The constitutional status of the Charter's ‘declaration’ function had long been uncertain; in addition, although the case concerned a conviction under State law, the judgment of the Victorian Court of Appeal, from which Ms Momcilo

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Stalker, M. Anne. "Self-Defence and Consent: The Use of Common Law Developments in Canadian Criminal Code Analysis." Alberta Law Review 32 (June 1, 1994): 484. http://dx.doi.org/10.29173/alr1170.

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Boustany, Katia. "Brocklebank: A Questionable Decision of the Court Martial Appeal Court of Canada." Yearbook of International Humanitarian Law 1 (December 1998): 371–74. http://dx.doi.org/10.1017/s1389135900000258.

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During the Canadian mission in Somalia pursuant to resolution 794 (1992) of the Security Council, a stunning incident occurred involving some Canadian soldiers who tortured to death a sixteen-year-old unarmed Somali civilian. The victim was captured during the night of 16 March 1993 while attempting an intrusion into the camp of Belet Huen. Shidane Arone did not offer any resistance and was entrusted to chief corporal Matchee to be kept in custody in a bunker designed for this purpose. This is where the unfortunate Somali had to endure frightful ill-treatment, mainly at Matchee's hands.

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Spitzer, Aaron John. "Reconciling Shared Rule: Liberal Theory, Electoral-Districting Law and “National Group” Representation in Canada." Canadian Journal of Political Science 51, no. 2 (2018): 447–66. http://dx.doi.org/10.1017/s0008423918000033.

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AbstractCanada, like all representative democracies, apportions representation to individuals; also, like all federal states, it accords polity-based representation to federal subunits. But Canada is additionally a consociational state, comprising three constitutionally recognized “national groups”: anglophones, francophones and Indigenous peoples. These groups share power and bear rights beyond the bounds of the federal system. In recent decades, Indigenous peoples and francophones have appealed for representation as “national groups,” leading to constitutional challenges. Courts have either

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Sankoff, Peter. "OPPORTUNITY LOST: THE SUPREME COURT MISSES A HISTORIC CHANCE TO CONSIDER QUESTION OF PUBLIC INTEREST STANDING FOR ANIMAL INTERESTS." Windsor Yearbook of Access to Justice 30, no. 2 (2012): 129. http://dx.doi.org/10.22329/wyaj.v30i2.4372.

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The Supreme Court of Canada recently denied leave to appeal in Reece v. Edmonton (City), a 2-1 decision of the Alberta Court of Appeal, which focused on the right of private parties to seek judicial intervention on behalf of animals. In this article, the author examines the implications of this "lost opportunity" to develop an important area of law relating to public interest standing, explores the important questions that were at stake in the appeal, and suggests why the Supreme Court should have decided otherwise.La Cour suprême du Canada a récemment rejeté la demande d’autorisation d’appel

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Wentzell, Tyler. "The Court & the Cataracts." Ontario History 106, no. 1 (2018): 100–125. http://dx.doi.org/10.7202/1050723ar.

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The establishment of the Queen Victoria Niagara Falls Park involved an extensive expropriation by the Government of Ontario. The perceived social value of parks had been increasing in recent years, but this was the first time in Canada that private land had been expropriated in order to create a park. The majority of the land owners engaged in arbitration, while three land owners took their objections as far as the Ontario Court of Appeal. The enacting legislation along with these proceedings provide unique insight into life around the falls, the role of the Ontario Court of Appeal, and the na

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Mosbacher, Andreas. "The Decision of the Federal Constitutional Court of 19 March 2013 on Plea Agreements." German Law Journal 15, no. 1 (2014): 5–14. http://dx.doi.org/10.1017/s2071832200002807.

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The much–awaited ruling of 19 March 2013 by the German Federal Constitutional Court is of great importance to the forensic practice. The Court ruled on the constitutional appraisal of the provisions on plea agreements in criminal procedures. The decision is basically convincing but not in every point of its arguments. Certain conclusions of the Federal Constitutional Court are particularly problematic because they alter the preceding legal situation substantially and have an extensive effect on the appraisal of appeal law.

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Agbonika, John Alewo Musa, and Josephine A. A. Agbonika San. "Appraisal of the Jurisdictional Issues Confronting Prosecutors of Tax Related Disputes and Constitutional Bottlenecks." American Journal of Law 5, no. 1 (2023): 1–29. http://dx.doi.org/10.47672/ajl.1309.

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Purpose: This paper examines the jurisdictional issues confronting tax enforcements, prosecution and other related issues. Jurisdiction over taxes administered at both the federal and state levels is determined by the legal personality of the taxpayer and place of residence for individuals. The Federal High Court, State High Courts and Tax Appeal Tribunal are vested with jurisdiction to hear and determine tax disputes. The Tax Appeal Tribunal is vested with jurisdiction to hear disputes arising from the operations of the Federal Inland Revenue Service. Tax disputes can be commenced either by t

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Peach, Ian. "Reference re Supreme Court Act, ss 5 and 6 — Expanding the Constitution of Canada." Constitutional Forum / Forum constitutionnel 23, no. 3 (2014): 1. http://dx.doi.org/10.21991/c9jw99.

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Crowne, E., and A. Werkowski. "LINGAYEN mark descriptive, says Federal Court of Canada." Journal of Intellectual Property Law & Practice 10, no. 5 (2015): 325–26. http://dx.doi.org/10.1093/jiplp/jpv020.

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Gambini, Emanuela. "In the Aftermath of D’Arcy v. Myriad Genetics Inc: Patenting Isolated Nucleic Acids in Australia." European Journal of Risk Regulation 7, no. 2 (2016): 451–59. http://dx.doi.org/10.1017/s1867299x00005882.

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On 7 October 2015 the High Court of Australia unanimously allowed the appeal on D’Arcy v. Myriad Genetics Inc and ordered that claims 1, 2 and 3 of Australian Patent No 686004, entitled “In vivo mutations and polymorphisms in the 17q-linked breast and ovarian cancer susceptibility gene”, be revoked.The High Court's judgment overturned the decisions of Justice Nicholas of the Federal Court, at first instance, and the Full Federal Court. This case note provides an overview of the High Court's decision and discusses its meaning and implications for patenting isolated nucleic acids in Australia.

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Rudych, S. "The Role and Place of the Opposition in the Political System of Switzerland." Problems of World History, no. 19 (October 27, 2022): 82–97. http://dx.doi.org/10.46869/10.46869/2707-6776-2022-19-5.

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The article considers the role and the way of functioning of the opposition in the political system of the Swiss Confederation.It is shown that the absence of an opposition in the political life of the country in the traditional sense is explained by the agreement or concordance between the main political forces, drawn up officially in the form of the so-called “magic formula”. A federal government functioning according to this principle in combination with a well-developed mechanism of direct, or more precisely, semi-direct referendum democracy: on the one hand, it allows the effective implem

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YOO, Byung Hyun. "The Effect of Service Made on the Person Incapable of Litigation and Legal Remedy: Focusing on Comparison with German Civil Procedure Act." Korea Association of the Law of Civil Procedure 27, no. 2 (2023): 1–46. http://dx.doi.org/10.30639/cp.2023.6.27.2.001.

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Although Article 179 of the Civil Procedure Act stipulates that service on a person incapable of litigation must be made to it’s legal representative and Article 55 of the same Act stipulates that only a legal representative can act for a person incapable of litigation, if a court served a judgment on a person incapable of litigation without knowing that it was incapable of litigation, there is a question of whether the appeal period proceeds and the judgment becomes final despite the invalid service. The Supreme Court believes that the appeal period does not proceed because the service of a j

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McIssac, Ian A. "Reference Re Supreme Court Act: Atlantic Canada and Regional Considerations in Supreme Court of Canada Appointments." Constitutional Forum / Forum constitutionnel 26, no. 1 (2017): 9. http://dx.doi.org/10.21991/c90t1m.

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...This paper therefore advances the theory that each non-Quebec “region”, as they are currently recognized, might need at least one appointee each in order to ensure the Court has functioning and legitimacy as a federal and bijural institution. This theory has the added benefit of providing the Governor-in-Council with flexibility in making appointments that meet other roles of the Court, such as adjudicating on Charter rights and aboriginal law.

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Ogilvie, M. H. "Queen of Canada and Not of Babylon: The Constitutional Status of the Crown in Canada and Freedom of Religion." Ecclesiastical Law Journal 17, no. 02 (2015): 194–202. http://dx.doi.org/10.1017/s0956618x1500006x.

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In August 2014 the Court of Appeal for Ontario handed down two decisions concerned with the constitutional status of the Crown in Canada in relation to freedom of conscience and religion pursuant to the Canadian Charter of Rights and Freedoms. In one decision,Teskey v Canada (Attorney General), the court denied that the UK legislative changes to the succession rules to which Canada agreed constituted an infringement of the religious equality rights of a Canadian Roman Catholic pursuant to section 15 (the equality provision) of the Charter. In the other decision,McAteer v Canada (Attorney Gener

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Diniz Araujo, Luiz Henrique. "Constitutional Law around the globe: judicial review in Canada and the “leave to appeal” to the Supreme Court." Revista de Investigações Constitucionais 11, no. 3 (2024): e274. http://dx.doi.org/10.5380/rinc.v11i3.93874.

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This paper exploring the leave to appeal in Canadian Constitutional Law is the third of the series “Constitutional Law Around the Globe”. This section of the series focuses on “Judicial Review and the Filters to Access Supreme and Constitutional Courts”. The first paper in the row, published in the year 2019, analyzed the Constitutionality Priority Question (Question Prioritaire de Constitutionnalité – QPC) in France. In a second paper, we analyzed the writ of certiorari of the U.S. Supreme Court. In this third text, we approach the process according to which the Supreme Court of Canada picks

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