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Supreme Court of Canada Judgment in Chevron Corp V Yaiguaje 2015
SUPREME COURT OF CANADA CITATION: Chevron Corp. v. Yaiguaje, 2015 SCC 42 DATE: 20150904 DOCKET: 35682 BETWEEN: Chevron Corporation and Chevron Canada Limited Appellants and Daniel Carlos Lusitande Yaiguaje, Benancio Fredy Chimbo Grefa, Miguel Mario Payaguaje Payaguaje, Teodoro Gonzalo Piaguaje Payaguaje, Simon Lusitande Yaiguaje, Armando Wilmer Piaguaje Payaguaje, Angel Justino Piaguaje Lucitante, Javier Piaguaje Payaguaje, Fermin Piaguaje, Luis Agustin Payaguaje Piaguaje, Emilio Martin Lusitande Yaiguaje, Reinaldo Lusitande Yaiguaje, Maria Victoria Aguinda Salazar, Carlos Grefa Huatatoca, Catalina Antonia Aguinda Salazar, Lidia Alexandria Aguinda Aguinda, Clide Ramiro Aguinda Aguinda, Luis Armando Chimbo Yumbo, Beatriz Mercedes Grefa Tanguila, Lucio Enrique Grefa Tanguila, Patricio Wilson Aguinda Aguinda, Patricio Alberto Chimbo Yumbo, Segundo Angel Amanta Milan, Francisco Matias Alvarado Yumbo, Olga Gloria Grefa Cerda, Narcisa Aida Tanguila Narvaez, Bertha Antonia Yumbo Tanguila, Gloria Lucrecia Tanguila Grefa, Francisco Victor Tanguila Grefa, Rosa Teresa Chimbo Tanguila, Maria Clelia Reascos Revelo, Heleodoro Pataron Guaraca, Celia Irene Viveros Cusangua, Lorenzo Jose Alvarado Yumbo, Francisco Alvarado Yumbo, Jose Gabriel Revelo Llore, Luisa Delia Tanguila Narvaez, Jose Miguel Ipiales Chicaiza, Hugo Gerardo Camacho Naranjo, Maria Magdalena Rodriguez Barcenes, Elias Roberto Piyahuaje Payahuaje, Lourdes Beatriz Chimbo Tanguila, Octavio Ismael Cordova Huanca, Maria Hortencia Viveros Cusangua, Guillermo Vincente Payaguaje Lusitante, Alfredo Donaldo Payaguaje Payaguaje and Delfin Leonidas Payaguaje Payaguaje Respondents - and - International Human Rights Program at the University of Toronto Faculty of Law, MiningWatch Canada, Canadian Centre for International Justice and Justice and Corporate Accountability Project Interveners CORAM: McLachlin C.J. and Abella, Rothstein, Cromwell, Karakatsanis, Wagner and Gascon JJ. REASONS FOR JUDGMENT: Gascon J. (McLachlin C.J. and Abella, Rothstein, (paras. 1 to 96) Cromwell, Karakatsanis and Wagner JJ. -
The Four Courts of Sir Lyman Duff
THE FOUR COURTS OF SIR LYMAN DUFF RICHARD GOSSE* Vancouver I. Introduction. Sir Lyman Poore Duff is the dominating figure in the Supreme Court of Canada's first hundred years. He sat on the court for more than one-third of those years, in the middle period, from 1906 to 1944, participating in nearly 2,000 judgments-and throughout that tenure he was commonly regarded as the court's most able judge. Appointed at forty-one, Duff has been the youngest person ever to have been elevated to the court. Twice his appointment was extended by special Acts of Parliament beyond the mandatory retirement age of seventy-five, a recogni- tion never accorded to any other Canadian judge. From 1933, he sat as Chief Justice, having twice previously-in 1918 and 1924 - almost succeeded to that post, although on those occasions he was not the senior judge. During World War 1, when Borden considered resigning over the conscription issue and recommending to the Governor General that an impartial national figure be called upon to form a government, the person foremost in his mind was Duff, although Sir Lyman had never been elected to public office. After Borden had found that he had the support to continue himself, Duff was invited to join the Cabinet but declined. Mackenzie King con- sidered recommending Duff for appointment as the first Canadian Governor General. Duff undertook several inquiries of national interest for the federal government, of particular significance being the 1931-32 Royal Commission on Transportation, of which he was chairman, and the 1942 investigation into the sending of Canadian troops to Hong Kong, in which he was the sole commissioner . -
Special Series on the Federal Dimensions of Reforming the Supreme Court of Canada
SPECIAL SERIES ON THE FEDERAL DIMENSIONS OF REFORMING THE SUPREME COURT OF CANADA The Supreme Court of Canada: A Chronology of Change Jonathan Aiello Institute of Intergovernmental Relations School of Policy Studies, Queen’s University SC Working Paper 2011 21 May 1869 Intent on there being a final court of appeal in Canada following the Bill for creation of a Supreme country’s inception in 1867, John A. Macdonald, along with Court is withdrawn statesmen Télesphore Fournier, Alexander Mackenzie and Edward Blake propose a bill to establish the Supreme Court of Canada. However, the bill is withdrawn due to staunch support for the existing system under which disappointed litigants could appeal the decisions of Canadian courts to the Judicial Committee of the Privy Council (JCPC) sitting in London. 18 March 1870 A second attempt at establishing a final court of appeal is again Second bill for creation of a thwarted by traditionalists and Conservative members of Parliament Supreme Court is withdrawn from Quebec, although this time the bill passed first reading in the House. 8 April 1875 The third attempt is successful, thanks largely to the efforts of the Third bill for creation of a same leaders - John A. Macdonald, Télesphore Fournier, Alexander Supreme Court passes Mackenzie and Edward Blake. Governor General Sir O’Grady Haly gives the Supreme Court Act royal assent on September 17th. 30 September 1875 The Honourable William Johnstone Ritchie, Samuel Henry Strong, The first five puisne justices Jean-Thomas Taschereau, Télesphore Fournier, and William are appointed to the Court Alexander Henry are appointed puisne judges to the Supreme Court of Canada. -
Manitoba, Attorney General of New Brunswick, Attorney General of Québec
Court File No. 38663 and 38781 IN THE SUPREME COURT OF CANADA (On Appeal from the Saskatchewan Court of Appeal) IN THE MATTER OF THE GREENHOUSE GAS POLLUTION ACT, Bill C-74, Part V AND IN THE MATTER OF A REFERENCE BY THE LIEUTENANT GOVERNOR IN COUNCIL TO THE COURT OF APPEAL UNDER THE CONSTITUTIONAL QUESTIONS ACT, 2012, SS 2012, c C-29.01 BETWEEN: ATTORNEY GENERAL OF SASKATCHEWAN APPELLANT -and- ATTORNEY GENERAL OF CANADA RESPONDENT -and- ATTORNEY GENERAL OF ONTARIO, ATTORNEY GENERAL OF ALBERTA, ATTORNEY GENERAL OF BRITISH COLUMBIA, ATTORNEY GENERAL OF MANITOBA, ATTORNEY GENERAL OF NEW BRUNSWICK, ATTORNEY GENERAL OF QUÉBEC INTERVENERS (Title of Proceeding continued on next page) FACTUM OF THE INTERVENER, ATTORNEY GENERAL OF MANITOBA (Pursuant to Rule 42 of the Rules of the Supreme Court of Canada) ATTORNEY GENERAL OF MANITOBA GOWLING WLG (CANADA) LLP Legal Services Branch, Constitutional Law Section Barristers & Solicitors 1230 - 405 Broadway Suite 2600, 160 Elgin Street Winnipeg MB R3C 3L6 Ottawa ON K1P 1C3 Michael Conner / Allison Kindle Pejovic D. Lynne Watt Tel: (204) 391-0767/(204) 945-2856 Tel: (613) 786-8695 Fax: (204) 945-0053 Fax: (613) 788-3509 [email protected] [email protected] [email protected] Counsel for the Intervener Ottawa Agent for the Intervener -and - SASKATCHEWAN POWER CORPORATION AND SASKENERGY INCORPORATED, CANADIAN TAXPAYERS FEDERATION, UNITED CONSERVATIVE ASSOCIATION, AGRICULTURAL PRODUCERS ASSOCIATION OF SASKATCHEWAN INC., INTERNATIONAL EMISSIONS TRADING ASSOCIATION, CANADIAN PUBLIC HEALTH -
Privy Council (For Canada)
Privy Council (for Canada) The Privy Council for Canada is a group of prominent individuals appointed, for life, by the Governor General. The appointments are made, as a matter ofconvention , on the advice of the Prime Minister. The Privy Council is tasked with aiding the reigning monarch (and thus the Governor General) by providing advice on significant issues.[1] Privy Council – A Brief History The origins of the English Privy Council date back to that country’s earliest history,[2] but little is known of its structure or procedures before 1540.[3] In addition to its advisory role to the British Monarch, from 1833 until 1949, the Judicial Committee of the Privy Council served as the highest Court of Appeal for Canada: supreme even to our own Supreme Court.[4] During this period, Canadian constitutional law was largely shaped from London.[5] The Canadian Privy Council was established by theBritish North America Act, 1867 (later renamed the Constitution Act, 1867).[6] Unlike its counterpart in the United Kingdom, it never functioned as a court. Instead, it was tasked with advising the Monarch, and with passing all orders-in-council / acts of executive power.[7] Privy Council – The Job Today, the Privy Council continues its historic role, advising the Governor General on various matters of state, including the use of royal prerogative (e.g. declaring war, assenting to legislation and calling an election).[8] However, advice given by the full council is not binding: the Governor General is, in practice, only obligated to follow the advice -
Mclachlin's Law: in All Its Complex Majesty
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 88 (2019) Article 14 McLachlin’s Law: In All Its Complex Majesty Jamie Cameron Osgoode Hall Law School of York University, [email protected] Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/sclr Part of the Law Commons This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Cameron, Jamie. "McLachlin’s Law: In All Its Complex Majesty." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 88. (2019). https://digitalcommons.osgoode.yorku.ca/sclr/vol88/iss1/14 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. Part VII The Legacy and Contributions of Beverley McLachlin McLachlin’s Law: In All Its Complex Majesty Jamie Cameron I. INTRODUCTION Beverley McLachlin was a member of the Supreme Court of Canada for 28 of the Charter’s1 first and most formative 36 years — for 10 years as a puisne judge (1989 to 1999) and another 17 as Chief Justice (2000 to 2017). No other judge has had as distinguished a career on the Court, and it will be a long time, if ever, before another jurist has as much impact on the Charter. She was an exemplary Chief Justice, one of Canada’s finest, and is deeply respected as a jurist. -
1 PUBLIC and MEDIA RELATIONS in CANADA Remarks by Jennifer
1 PUBLIC AND MEDIA RELATIONS IN CANADA Remarks by Jennifer Stairs, Director of Communications, Nova Scotia Judiciary Canadians live in a society that places a high value on openness in the justice system. The general rule in Canada is that trials are open to the public and may be reported in full. By enabling the public to attend court proceedings and allowing access to court documents, our citizens are able to learn about the law firsthand. But is that enough to enhance their confidence in the legal system? Probably not. Most people would never think to visit a courthouse or sit in on a trial, unless they have to. Even if they chose to, the proceedings are often complex and difficult to follow without legal training. Whether we like it or not, the average citizen learns about the legal system primarily through movies, television and news coverage of court proceedings. In 2012, Chief Justice Beverly McLachlin of the Supreme Court of Canada talked about the power journalists have over the public’s perception of the justice system: “The media, reporting accurately and fairly on legal proceedings and judgments, including criticism, even strong criticism, make an invaluable contribution to public confidence in the judiciary and, thus, to the rule of law itself. On the other hand, inaccurate, unfair or sensationalized reportage … has the potential to distort the public’s view of the justice system and undermine public confidence in the rule of law.”1 Every negative news story and every inaccurate comment erodes public confidence. And once it’s gone, it’s difficult to gain it back. -
For Immediate Release – June 19, 2020 the ADVOCATES' SOCIETY
For immediate release – June 19, 2020 THE ADVOCATES’ SOCIETY ESTABLISHES THE MODERN ADVOCACY TASK FORCE The Advocates’ Society has established a Modern Advocacy Task Force to make recommendations for the reform of the Canadian justice system. The recommendations of the Task Force will seek to combine the best measures by which Canadian courts have adapted to the COVID-19 pandemic with other measures designed to ensure meaningful and substantive access to justice for the long term. The Advocates’ Society believes that permanent changes to our justice system require careful research, analysis, consultation, and deliberation. “This is a pivotal moment for the Canadian justice system,” said Guy Pratte, incoming President of The Advocates’ Society. “There is no doubt that we are learning a great deal from the changes to the system brought about by necessity during this crisis. We have a unique opportunity to reflect on this experience and use it to enhance the efficiency and quality of the justice system. We must do that while preserving the fundamental right of litigants to have their cases put forward in a meaningful and direct way before courts and other decision-makers.” The Task Force is composed of members of The Advocates’ Society from across the country. They will be guided by an advisory panel of some of the most respected jurists and counsel in our country. The Task Force’s mandate is to provide insight and analysis to assist in the modernization of the justice system. It will be informed by experience, jurisprudence and Canadian societal norms. The Task Force will offer recommendations designed to ensure that the Canadian legal system provides a sustainable, accessible and transparent system of justice in which litigants and the public have confidence. -
Rt. Hon. Beverley Mclachlin, P.C. Chief Justice of Canada
Published July 2014 Judicial Profile by Witold Tymowski Rt. Hon. Beverley McLachlin, P.C. Chief Justice of Canada here is little in the early life of Chief Justice Beverley McLachlin that would foreshadow her rise to the highest judicial office in Canada. After all, she was not raised in a large cosmopolitan center, but on a modest Tranch on the outskirts of Pincher Creek, Alberta, a small town in the lee of Canada’s beautiful Rocky Mountains. Her parents, Eleanora Kruschell and Ernest Gietz, did not come from wealth and privilege. They were hard- working ranchers who also took care of a nearby sawmill. Chief Justice McLachlin readily admits that growing up, she had no professional female role models. And so, becoming a lawyer, let alone a judge, was never part of her early career plans. Indeed, the expectation at the time was that women would marry and remain within the home. Girls might aspire to teaching, nursing, or secretarial work, but usually only for a short time before they married. Her childhood, nonetheless, had a distinct influence on her eventual career path. Chief Justice McLachlin proudly refers to herself as a farm girl and has often spoken of a deep affection for Pincher Creek. A Robert McInnes painting depicting a serene pastoral scene, appropriately entitled Pincher Creek, occupies a prominent place in her Supreme Court office and offers a reminder of her humble beginnings. That Chief Justice McLachlin maintains a deep connec- tion with her birthplace is hardly surprising. Despite its geographical remoteness, it nurtured its youth with a It grounded her with a common-sense practicality and culture centered on literacy, hard work, and self-reli- the importance of doing your honest best at whatever ance. -
Nomination a La Cour Supreme Du Canada: L'honorable Juge Thomas A
Nomination 'a la Cour supreme du Canada: L'honorable Juge Thomas A. Cromwell Supreme Court of Canada Appointment: The Honourable Justice Thomas A. Cromwell Les juges ie ]a Cour supreme du Canada et les The judges of the Supreme Court of Canada and membres de la Facult6 de droit de l'Universit6 the University of Ottawa's Faculty of Law have d'Ottawa entretiennent depuis fort longtemps always maintained close personal and profes- d~jA d'6troites relations. La tradition veut que sional ties. It is tradition to hold a welcoming chaque nouveau juge nomm A.la Cour supreme reception for each newly appointed judge to the du Canada soit invit6 A une reception pour Supreme Court of Canada. The Chiel Justice c61bbrer sa nomination. La juge en chef et les and Puisne Judges of the Supreme Court of 2009 CanLIIDocs 61 juges pun~s de la Cour supreme du Canada, les Canada, Deans of the Common Law and Civil doyens des Sections de common law et de droit Law Sections, professors and students are invit- civil de mme que les professeurs et les 6tudi- ed to attend. ants sont toutes et tous convi~s Ay assister. In keeping with this tradition, the Faculty of law Le 26 mars 2009, la Facult6 a de nouveau per- celebrated on March 26, 2009 the appointment pttu6 la tradition, en offrant une r~ception pour of Justice Thomas A. Cromwell, which was [a nomination du juge Thomas A. Cromwell, announced December 22, 2008. As in previous annonce le 22 d~cembre 2008. Tout comme ceremonies for Justices Deschamps, Fish, lors des cArtmonies d'accueil des juges Abella, Charron and Rothstein, the Right Deschamps, Fish, Abella, Charron et Rothstein, Honourable Madam Chief justice Beverley la tr~s honorable juge en chef Beverley McLachlin made introductory remarks and McLachlin a salu6 le ju~e Cromwell. -
695 Legal Writing: Some Tools
LEGAL WRITING: SOME TOOLS 695 LEGAL WRITING: SOME TOOLS THE RIGHT HONOURABLEBEVERLEY MCLACHLIN• I am both honoured and delighted to speak here this evening. First because this address brings me back to my home province of Alberta, and second because it gives me the opportunity to recognize the Alberta Law Review and those who have contributed to its success. Like its companion publications across Canada, the Review is a vital source of analysis of the complex issues facing our legal system. The Review enhances the quality of justice in this country by contributing to a reasoned analysis of these issues. And beyond its legal analysis, the Review gives scholars the chance to write and publish and offers students the opportunity to hone their research, analytical, and writing skills. Tonight I would like to talk to you about the last of these skills - the skill of legal writing. I begin with a preliminary question: Does legal writing still matter in the electronic age? The answer, it seems to me, is an unequivocal yes. The law students here tonight have grown up in the information and communication age. In your lifetimes, computers have become part of the fabric of the workplace. Fax machines hastened the flow of information around the globe, only to be superseded by the everi more powerful technologies of the Internet. Cell phones ring almost everywhere and at any time. These advances in technology and communications have brought us many benefits, speed being the most evident. But we cannot rely on communications technology to ensure the quality of communication. -
An Evening with Her Honour Beverley Mclachlin in Conversation with Guy Pratte Followed by Social
AN EVENING WITH HER HONOUR BEVERLEY MCLACHLIN IN CONVERSATION WITH GUY PRATTE FOLLOWED BY SOCIAL Join us for an intimate evening with Her Honour Beverley McLachlin, Guy J. Pratte, partner in BLG’s Litigation former Chief Justice of the Supreme Court of Canada, as she is interviewed Group and the Leader of its Appellate by seasoned litigator Guy Pratte about her recent memoir Truth Be Told: Advocacy Group. My Journey Through Life and the Law. Mark Gannage, Litigation Counsel, TLA Board Director and Education Committee In her inspiring memoir, Beverley McLachlin offers a candid view of her life, from her childhood in rural Pincher Creek, Alberta to her remarkable Chair, will be the moderator. trajectory to the highest court in the land. From a young age, she had an innate sense of justice. It served her well as she distinguished herself as a Tuesday, March 24, 2020 lawyer and rose through the courts. Facing sexism, exclusion, and personal 5:15 – 7:15 p.m. tragedy, she was determined to prove her worth. (registration at 5:00 p.m.) As the Supreme Court’s longest-serving Chief Justice, Her Honour presided TLA Lawyers Lounge over the most prominent cases in the country, including ground-breaking Charter challenges involving assisted death, women’s rights, marriage Registration Fee: equality and indigenous issues. One judgment at a time, she laid down a • Members $30.00 + HST legal legacy that proved that justice and fairness were not luxuries of the • Member Licensing Candidates powerful but rather obligations owed to each and every one of us.