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The Education of a Judge Begins Long Before Judicial Appointment
T H E EDUCATION O F A JUD G E … The Honourable Brian Lennox, Justice of the Ontario Court of Justice The education of a judge begins long before judicial appointment. Judges are first and foremost lawyers. In Canada, that means that they typically have an undergraduate university degree1, followed by a three‐year degree from a Faculty of Law, involving studies in a wide variety of legal subjects, including contracts, real estate, business, torts, tax law, family, civil and criminal law, together with practice‐ oriented courses on the application of the law. The law degree is followed by a period of six to twelve months of practical training with a law firm. Before being allowed to work as a lawyer, the law school graduate will have to pass a set of comprehensive Law Society exams on the law, legal practice and ethics. In total, most lawyers will have somewhere between seven and nine years of post‐high school education when they begin to practice. It is not enough to have a law degree in order to be appointed as a judge. Most provinces and the federal government2 require that a lawyer have a minimum of 10 years of experience before being eligible for appointment. It is extremely rare that a lawyer is appointed as a judge with only 10 years’ experience. On average, judges have worked for 15 to 20 years as a lawyer before appointment and most judges are 45 to 52 years of age at the time of their appointment. They come from a variety of backgrounds and experiences and have usually practised before the courts to which they are appointed. -
Canadian Taxpayer Vol41 No10-1Stproof 1..8
Editor: Arthur B.C. Drache, C.M., Q.C. Pages 73-80 May 17, 2019 Vol. xli No. 10 Minister come to the Island during the election would be P.E.I. Election Produces Minority ªcounter-productiveº. Government ThesurgeoftheGreenswasnosurpriseaspollsformonths had suggested that they were running ahead of the two For the first time since the 19th century, voters in Prince traditional parties and might actually form the govern- Edward Island have abandoned their traditional embrace ment. In the event, the Conservatives finished with 37 of the Island's two-party system, electing a Tory minority percent of the popular vote, followed by the Greens at 31 government and handing the upstart Green Party official and the Liberals at 29. The NDP received just 3 percent. opposition status for the first time. Voter turnout was 77 percent, a five-point drop from the With all polls reporting the Tories had won 12 seats, the 2015 election. Greens held eight, and the incumbent Liberals, led by The election campaign was in stark contrast to that in Premier Wade MacLauchlan, had won six. But MacLau- Alberta. Civility was the rule of the day and even in the chlan lost his own seat. He subsequently announced his leaders' debate, there was more consensus on issues than resignation as head of the party. real debate. The Liberals were seeking a fourth term in office, having Premier-designate Dennis King now faces a task that has repeatedly reminded Islanders that the province's econ- never before been faced by a P.E.I. premier. He needs to omy remains the strongest in the country. -
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 . -
Job Description
GOVERNMENT OF NUNAVUT JOB DESCRIPTION 1. IDENTIFICATION Position No. Job Title Supervisor’s Position 05-NEW Executive Legal Officer, Court Director of Court Services, Nunavut Court of Administration – Nunavut Court of Justice Justice (05-09972) Department Division/Region Community Location Justice Court Services Iqaluit Nunavut Justice Centre Fin. Code: 05660-01-1-111-0545000-01-???? 2. PURPOSE Main reason why the position exists, within what context and what the overall end result is. The Nunavut Court of Justice (NCJ) is a unified trial court administering justice to the Nunavut territory. The NCJ has a current complement of five resident puisne judges, one Senior Judge and approximately 90 deputy judges recruited from other jurisdictions. The NCJ is a superior court with all the powers and legal responsibilities of both a superior court and a provincial or territorial court. The NCJ has a plenary trial jurisdiction in all civil and criminal matters and serves as an Appeal Court for matters originating in the Justice of the Peace Court. The NCJ Court registry also serves as a registry for the Nunavut Court of Appeal and is a receiving agent for the Federal Court of Canada. The court operates on a court circuit model and regularly sits in 25 communities across the Territory. The Executive Legal Officer, Court Administration (“ELOCA”), reports to the Director of Court Services (“Director”). In addition to the tasks and responsibilities assigned by the Director, the ELOCA works in tandem with the Executive Legal Officer, Office of the Senior Judge, to carry out assignments and responsibilities tasked by the Senior Judge and as such, from time to time, is supervised by and receives direction from the Senior Judge. -
National Directory of Courts in Canada
Catalogue no. 85-510-XIE National Directory of Courts in Canada August 2000 Canadian Centre for Justice Statistics Statistics Statistique Canada Canada How to obtain more information Specific inquiries about this product and related statistics or services should be directed to: Information and Client Service, Statistics Canada, Ottawa, Ontario, K1A 0T6 (telephone: (613) 951-9023 or 1 800 387-2231). For information on the wide range of data available from Statistics Canada, you can contact us by calling one of our toll-free numbers. You can also contact us by e-mail or by visiting our Web site. National inquiries line 1 800 263-1136 National telecommunications device for the hearing impaired 1 800 363-7629 Depository Services Program inquiries 1 800 700-1033 Fax line for Depository Services Program 1 800 889-9734 E-mail inquiries [email protected] Web site www.statcan.ca Ordering and subscription information This product, Catalogue no. 85-510-XPB, is published as a standard printed publication at a price of CDN $30.00 per issue. The following additional shipping charges apply for delivery outside Canada: Single issue United States CDN $ 6.00 Other countries CDN $ 10.00 This product is also available in electronic format on the Statistics Canada Internet site as Catalogue no. 85-510-XIE at a price of CDN $12.00 per issue. To obtain single issues or to subscribe, visit our Web site at www.statcan.ca, and select Products and Services. All prices exclude sales taxes. The printed version of this publication can be ordered by • Phone (Canada and United States) 1 800 267-6677 • Fax (Canada and United States) 1 877 287-4369 • E-mail [email protected] • Mail Statistics Canada Dissemination Division Circulation Management 120 Parkdale Avenue Ottawa, Ontario K1A 0T6 • And, in person at the Statistics Canada Reference Centre nearest you, or from authorised agents and bookstores. -
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. -
Youth Activity Book (PDF)
Supreme Court of Canada Youth Activity Book Photos Philippe Landreville, photographer Library and Archives Canada JU5-24/2016E-PDF 978-0-660-06964-7 Supreme Court of Canada, 2019 Hello! My name is Amicus. Welcome to the Supreme Court of Canada. I will be guiding you through this activity book, which is a fun-filled way for you to learn about the role of the Supreme Court of Canada in the Canadian judicial system. I am very proud to have been chosen to represent the highest court in the country. The owl is a good ambassador for the Supreme Court because it symbolizes wisdom and learning and because it is an animal that lives in Canada. The Supreme Court of Canada stands at the top of the Canadian judicial system and is therefore Canada’s highest court. This means that its decisions are final. The cases heard by the Supreme Court of Canada are those that raise questions of public importance or important questions of law. It is time for you to test your knowledge while learning some very cool facts about Canada’s highest court. 1 Colour the official crest of the Supreme Court of Canada! The crest of the Supreme Court is inlaid in the centre of the marble floor of the Grand Entrance Hall. It consists of the letters S and C encircled by a garland of leaves and was designed by Ernest Cormier, the building’s architect. 2 Let’s play detective: Find the words and use the remaining letters to find a hidden phrase. The crest of the Supreme Court is inlaid in the centre of the marble floor of the Grand Entrance Hall. -
Canadian Tax Journal, Vol. 56, No. 3, 2008
canadian tax journal / revue fiscale canadienne (2008) vol. 56, no 3, 661 - 707 The Dividing Line Between the Jurisdictions of the Tax Court of Canada and Other Superior Courts David Jacyk* P r é c i s Le droit fiscal est sans aucun doute l’une des branches du droit les plus exigeantes et les plus complexes au Canada. On pourrait penser qu’en matière de droit fiscal, la question de la juridiction des tribunaux se pose très simplement en ces termes : quel tribunal peut statuer sur les affaires qui concernent l’administration de la législation fiscale? Pourtant, cette question à elle seule a fait l’objet d’un grand nombre de litiges depuis des décennies, devant différents tribunaux de première instance et d’appel partout au Canada, ce qui montre bien la complexité de la question de la compétence des tribunaux dans un état fédéral, et ce, même dans un domaine de droit comme la fiscalité qui est pourtant bien circonscrit. L’abondance de jurisprudence sur la question de la juridiction est particulièrement importante depuis quelques années, et elle comporte plusieurs décisions des cours d’appel qui ont contribué à éclaircir davantage cette question. Ce nouvel éclairage a donné lieu à des développements très appréciés. En reconstituant l’évolution du droit dans ce domaine, le présent article brosse un portrait détaillé et complet du droit et propose une analyse qui s’appuie sur les étapes suivantes : n l’examen de la structure des tribunaux fédéraux et en fiscalité; n la reconstitution de l’évolution de la jurisprudence aussi bien avant qu’après la réorganisation au fédéral du réseau des cours d’appel en fiscalité de 1991; n la prise en compte des décisions des tribunaux provinciaux qui se sont penchés sur cette question de façon indépendante du réseau des tribunaux fédéraux; n la prise en compte de l’ensemble des décisions en matière de rectification, un domaine qui a donné lieu à mon avis à des anomalies, mais des résultats tout de même gérables et prévisibles; * Of the Department of Justice, Ottawa. -
Practice and Procedure the Applicable Rules Of
PRACTICE AND PROCEDURE THE APPLICABLE RULES OF EVIDENCE IN FEDERAL COURT: A SHORT PRIMER ON A TRICKY QUESTION Whether at trial or during interlocutory proceedings, litigators need to know the applicable rules of evidence, since there are import- ant variations in provincial evidence law. The largest difference, of course, is between the civil law of QueÂbec and laws of the nine common-law provinces. Yet significant differences exist even between the common law provinces themselves. Admissions made during discovery can be contradicted at trial in Ontario, but not in Saskatchewan.1 Spoliation of evidence requires intentional conduct in British Columbia before remedies will be granted, but not in New Brunswick.2 Evidence obtained through an invasion of privacy is inadmissible in Manitoba, while the other provinces have yet to legislate on this issue.3 1. Marchand (Litigation Guardian of) v. Public General Hospital Society of Chatham (2000), 43 C.P.C. (5th) 65, 51 O.R. (3d) 97, 138 O.A.C. 201 (Ont. C.A.) at paras. 72-86, leave to appeal refused [2001] 2 S.C.R. x, 156 O.A.C. 358 (note), 282 N.R. 397 (note) (S.C.C.); Branco v. American Home Assur- ance Co., 2013 SKQB 98, 6 C.C.E.L. (4th) 175, 20 C.C.L.I. (5th) 22 (Sask. Q.B.) at paras. 96-101, additional reasons 2013 SKQB 442, 13 C.C.E.L. (4th) 323, [2014] I.L.R. I-5534, varied on other issues without comment on this point 2015 SKCA 71, 24 C.C.E.L. -
COVID-19 Guide: In-Person Hearings at the Federal Court
COVID-19 Guide: In-person Hearings at the Federal Court OVERVIEW This guide seeks to outline certain administrative measures that are being taken by the Court to ensure the safety of all individuals who participate in an in-person-hearing. It is specifically directed to the physical use of courtrooms. For all measures that are to be taken outside of the courtroom, but within common areas of a Court facility, please refer to the guide prepared by the Courts Administrative Service, entitled Resuming In-Person Court Operations. You are also invited to view the Court’s guides for virtual hearings. Additional restrictions may apply depending on the evolving guidance of the local or provincial public health authorities, and in situations where the Court hearing is conducted in a provincial or territorial facility. I. CONTEXT Notwithstanding the reopening of the Court for in-person hearings, the Court will continue to schedule all applications for judicial review as well as all general sittings to be heard by video conference (via Zoom), or exceptionally by teleconference. Subject to evolving developments, parties to these and other types of proceedings are free to request an in-person hearing1. In some instances, a “hybrid” hearing, where the judge and one or more counsel or parties are in the hearing room, while other counsel, parties and/or witnesses participate via Zoom, may be considered. The measures described herein constitute guiding principles that can be modified by the presiding Judge or Prothonotary. Any requests to modify these measures should be made as soon as possible prior to the hearing, and can be made by contacting the Registry. -
In Canadian Labour Law Brian A
Osgoode Hall Law Journal Article 5 Volume 21, Number 3 (October 1983) "Equal Partnership" in Canadian Labour Law Brian A. Langille Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Article Citation Information Langille, Brian A.. ""Equal Partnership" in Canadian Labour Law." Osgoode Hall Law Journal 21.3 (1983) : 496-536. http://digitalcommons.osgoode.yorku.ca/ohlj/vol21/iss3/5 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 Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. "EQUAL PARTNERSHIP" IN CANADIAN LABOUR LAW By BRIAN A. LANGILLE* I. THE ISSUE ............................................... 497 II. AN AMERICAN STARTING POINT ......................... 499 III. THE SCOPE OF THE DUTY TO BARGAIN IN CANADA ...... 503 IV. CERTIFICATION AND CERTIFICATES ..................... 506 V. AN EVALUATION ........................................ 508 VI. OTHER PARTS OF THE PUZZLE ........................... 512 A. The Statutory Timetable .................................. 512 B. The FunctionalContent of the Duty to Bargain .............. 514 C. The Freeze ............................................. 523 D. UnfairLabour Practices.................................. 528 E. The ArbitrationJurisprudence on ContractingOut ........... 532 VII. CONCLUSION ............................................ 536 © Copyright, 1983, Brian A. Langille. * Associate Professor of Law, Faculty of Law, University of Toronto. 1983] Partnershipsin LabourLaw ... by permiting labour to organize freely and effectively we can convert the relation of master and servant in to an equal and cooperativepartnership.... I Senator Wagner (1932) ... Congress had no expectation that the elected union representative2 would become an equalpartnerin the running of the business enterprise. Blackmun J. (1981) The union is an equalpartner ... 3 Canada Labour Relations Board (1981) (Dorsey, Vice Chairman) We cannot subscribe to an interpretation . -
Claim Form Commercial Court N1 (CC) : CPR Part 7 : V4.0 Royal Courts of Justice
In the High Court of Justice Queen's Bench Division Claim Form Commercial Court N1 (CC) : CPR Part 7 : v4.0 Royal Courts of Justice Claim number Claim title Notes for completion Once completed please e-mail this form to [email protected]. You will receive a 'sealed for service' version and an amendable version of the form by return of e-mail. Claimant(s) Add New Claimant Clear All Claimants Name Address Postcode Country Telephone No Delete this Claimant Add New Claimant Defendant(s) Add New Defendant Clear All Defendants Defendants unknown at present Name Address Postcode Country Telephone No Delete this Defendant Add New Defendant The court office at the Admiralty and Commercial Registry, Royal Courts of Justice, Strand, London, WC2A 2LL is open from 10:00am to 4:30pm Monday to Friday. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number. Page 1 of 3 Financial information Non-Monetary What type of claim is this ? Monetary Only Part Monetary Relief Court fee breakdown Non-monetary relief fee (if applicable) £0.00 Part 7 fee £0.00 Court fee total £0.00 Solicitors costs (£) GBP. To be assessed Reset Financial Data Brief details of claim You should type into this section a concise statement of the nature of the claim, together with the remedy sought and statement of value where appropriate pursuant to CPR 16.2(1) (Part 7 Claim) or CPR 8.2(Part 8 Claim). If you wish to file more detailed particulars of claim with this claim form you can use the attachment option in section 4b, or you may file them separately at a later stage using the 'MultiPurpose' form which will be available to you once you have issued.