Richard Wagner (judge)
Richard Wagner, is a Canadian judge who serves as the 18th and current Chief Justice of Canada. He was sworn into office on December 18, 2017, having served as a Puisne Justice of the Supreme Court of Canada, he sat on the Quebec Court of Appeal. He is the son of former Progressive Conservative Senator Claude Wagner. Wagner was born in the son of Gisèle and Claude Wagner, he studied at the Collège Jean-de-Brébeuf in Montreal before receiving his Bachelor of Social Sciences in Political Science from the University of Ottawa in 1978. He received his LL. L from the same institution in 1979. Wagner was called to the Quebec Bar in 1980, began practice at the Montreal law firm Lavery, de Billy, his practice centred on commercial litigation and professional liability insurance. He was appointed to the Quebec Superior Court for the District of Montreal on September 24, 2004. On February 3, 2011, he was elevated to the Court of Appeal of Quebec. On October 2, 2012, Prime Minister Stephen Harper nominated him to the Supreme Court of Canada to replace retiring Justice Marie Deschamps.
His appointment was confirmed on October 5, 2012. On December 3, 2012, a ceremony was held for Justice Wagner's appointment, in the Supreme Court of Canada courtroom; the event was attended by Chief Justice Beverley McLachlin, Justice Minister Rob Nicholson and Quebec Deputy Minister of Justice Nathalie G. Drouin; each justice spoke with Justice Wagner speaking last. On December 12, 2017, Prime Minister Justin Trudeau nominated Wagner as Beverly McLachlin's successor as Chief Justice of Canada. Wagner is a Roman Catholic. Wagner's father Claude was a jurist, his grandfather was a German Jewish immigrant from Bavaria. He has two children who are lawyers. Reasons of the Supreme Court of Canada by Justice Wagner
Russell Brown (judge)
Russell S. Brown is a Justice of the Supreme Court of Canada. Russell S. Brown was raised in British Columbia, he graduated with a Bachelor of Arts degree from the University of British Columbia in 1987 and a Bachelor of Laws degree from the University of Victoria in 1994. He has a Master of Laws degree and a Doctor of Juridical Science degree - both from the University of Toronto. Brown was admitted to the Bar of British Columbia in 1995 and to the Bar of Alberta in 2008, he was an associate at Davis & Company in Vancouver from 1995 to 1996 and at Carfra & Lawton in Victoria from 1996 to 2004. From 2008 to 2013, he was associate counsel to Miller Thomson. From 2004 to 2013, Brown was a member of the Faculty of Law at the University of Alberta, both as a professor and for the last two years as an associate dean, his main areas of practice were commercial law, medical negligence, personal injury, insurance law and trusts and estates. Brown is the author of a treatise on claims under negligence law for economic loss, as well as the author or co-author of over 30 published law review articles, book chapters and review essays on tort law, property law and civil justice.
In addition, while a member of the University of Alberta's Faculty of Law, Brown published posts on the faculty's blog expressing his views on a number of topics. He called the Canada Health Act “an inappropriate intrusion into sacrosanct provincial swimming pools,” referred to third party election spending limits as "odious" and "restriction on private expenditure during elections" as "objectionable", described human rights commissions as "puritanical functionaries", described himself as a "conservative libertarian". On February 8, 2013, he was appointed to the Court of Queen's Bench of Alberta, he was appointed to the Court of Appeal of Alberta on March 8, 2014. As a Court of Appeal judge sitting in Edmonton, Justice Brown served as a Judge of the Court of Appeal for the Northwest Territories and a Judge of the Court of Appeal of Nunavut, he was appointed to the Supreme Court of Canada on August 31, 2015. He has been married since 1994 to Heidi Brown and they are the parents of two children
Federal Court (Canada)
The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a lower court with nationwide jurisdiction; the Court was created on July 2, 2003 by the Courts Administration Service Act when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada. The Court's authority comes from the Federal Courts Act. On October 24, 2008, the Federal Court was given its own armorial bearings by the Governor General, the third court in Canada to be given its own Coat of Arms – after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice; the coat of arms features a newly created fantastical creature, the winged sea caribou, as the supporters, representing the provision of justice on air and sea. The Federal Court consists of thirty-two other judges. There are 28 full-time judges, along with four supernumerary judges, six deputy judges, six prothonotaries. Law Clerks are hired for not more than a one-year terms to help the judges research and prepare decisions.
They are assigned to a particular judge. Judges' salaries are determined annually by the Judicial Benefits Commission. Chief Justice receives $315,900; the Federal Court cannot hear any case unless a federal statute confers jurisdiction on the Court to hear cases of that type. Some examples of the sort of cases heard by the Federal Court are: judicial review of immigration decisions, judicial review of Veterans Review and Appeal Board of Canada decisions, intellectual property disputes, cases involving admiralty law, various aboriginal law matters, claims against the Queen in Right of Canada; these instances of jurisdiction may either be exclusive or concurrent with provincial superior courts, depending on the statute. The Court has the authority to judicially review the decisions made by federal boards and administrative tribunals, to resolve lawsuits by or against the federal government. Decisions of the Federal Court may be appealed to the Federal Court of Appeal; because it is a superior court of national jurisdiction, judgments are enforceable across Canada without the need for certification by the courts of a specific province.
The prothonotaries of the court by seniority are: Richard Morneau Mireille Tabib Martha Milczynski Kevin R. Aalto Mandy Aylen Kathleen Marie Ring Chief JusticeAllan Lutfy: July 3, 2003 – September 30, 2011Puisne judges Federal Court website
Sheilah L. Martin is a Puisne Justice on the Supreme Court of Canada, having served in that role since December 18, 2017, she was nominated to the court by Prime Minister Justin Trudeau on November 29, 2017. Before her appointment to Canada's highest court, Martin had served on the Court of Appeal of Alberta, the Court of Appeal for the Northwest Territories, the Court of Appeal of Nunavut since 2016, the Court of Queen's Bench of Alberta from 2005 to 2016. Martin is considered an expert in judicial ethics. Martin was raised in Montreal, she earned a Bachelor of Civil Law and a Bachelor of Common Law from McGill University in 1981. She moved to Alberta to pursue her career. Martin was called to the Alberta Bar in 1989, has practiced in the province since. Martin earned a Master of Laws from the University of Alberta in 1983. Between 1982 and 1986, she worked as a law professor at the University of Calgary. Martin earned her Doctorate of Juridical Science from the University of Toronto in 1991, she served as acting dean and permanent dean of the University of Calgary's Faculty of Law from 1991 to 1996.
Martin practiced corporate, commercial and constitutional law from 1996 until she left Code Hunter LLP after her appointment as a judge in 2005. She worked pro bono for the Women’s Legal Education and Action Fund and the Alberta Association of Sexual Assault Centres in cases that reached the Supreme Court. Martin worked on the Indian Residential Schools Settlement Agreement, on the team that won compensation in the wrongful conviction case of David Milgaard. At a fundraising event in 2016 for the Famous 5 Foundation, Martin shared her experiences as a past member of Girl Guides of Canada. In 2005, Martin was appointed as judge to the Court of Queen’s Bench of Alberta in Calgary. Since 2009, she had served as a deputy judge for the Supreme Court of Yukon; as a trial judge, she was one of the first judges in Canada to permit court journalists to use instant messaging in the courtroom while proceedings were ongoing. In March 2016, Martin issued the first judicial approval in Canada for a person requesting assisted death after the Supreme Court's decision in Carter v Canada.
She allowed the assisted death for a woman diagnosed with amyotrophic lateral sclerosis, held the hearing closed to the public and media to respect her privacy. Martin decided that statements in support of the application from two doctors were sufficient, a decision which rejected guidelines from the Supreme Court of British Columbia and the Ontario Superior Court of Justice that more statements were required. Martin held that no psychiatric assessment on the day of death was necessary, that the applicant's request should not fail on technical or legalistic grounds. Martin ruled that the ruling would apply across Canada, which allowed the applicant to travel out of province in order to fulfill her wish of assisted death. In June 2016, Martin was appointed by Prime Minister Trudeau to the Court of Appeal of Alberta, the Court of Appeal for the Northwest Territories, the Court of Appeal of Nunavut. Martin was married to Hersh Wolch, a defence lawyer she met at a law conference, from 2000 until his death in 2017.
Candidate questionnaire filled out by Justice Sheilah L. Martin
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial and federal appellate courts, its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada, except to the extent that they are overridden or otherwise made ineffective by an Act of Parliament or the Act of a provincial legislative assembly pursuant to section 33 of the Canadian Charter of Rights and Freedoms. The creation of the Supreme Court of Canada was provided for by the British North America Act, 1867, renamed in 1982 the Constitution Act, 1867; the first bills for the creation of a federal supreme court, introduced in the Parliament of Canada in 1869 and in 1870, were withdrawn. It was not until 8 April 1875 that a bill was passed providing for the creation of a Supreme Court of Canada. However, prior to 1949, the Supreme Court did not constitute the court of last resort: litigants could appeal to the Judicial Committee of the Privy Council in London.
As well, some cases could bypass the court and go directly to the Judicial Committee from the provincial courts of appeal. The Supreme Court formally became the court of last resort for criminal appeals in 1933 and for all other appeals in 1949; the last decisions of the Judicial Committee on cases from Canada were made in the mid-1950s, as a result of their being heard in a court of first instance prior to 1949. The increase in the importance of the Court was mirrored by the numbers of its members; the Court was established first with six judges, these were augmented by an additional member in 1927. In 1949, the bench reached its current composition of nine justices. Prior to 1949, most of the appointees to the Court owed their position to political patronage; each judge had strong ties to the party in power at the time of their appointment. In 1973, the appointment of a constitutional law professor Bora Laskin as chief justice represented a major turning point for the Court. In this period, appointees either came from academic backgrounds or were well-respected practitioners with several years experience in appellate courts.
Laskin's federalist and liberal views were shared by Prime Minister Pierre Trudeau, who recommended Laskin's appointment to the Court. The Constitution Act, 1982 expanded the role of the Court in Canadian society by the addition of the Canadian Charter of Rights and Freedoms, which broadened the scope of judicial review; the evolution from the Dickson court through to the Lamer court witnessed a continuing vigour in the protection of civil liberties. Lamer's criminal law background proved an influence on the number of criminal cases heard by the Court during his time as chief justice. Nonetheless, the Lamer court was more conservative with Charter rights, with only about a 1% success rate for Charter claimants. Lamer was succeeded as chief justice by Beverly McLachlin in January 2000, she is the first woman to hold that position. McLachlin's appointment resulted in a more centrist and unified Court. Dissenting and concurring opinions were fewer than during the Lamer Courts. With the 2005 appointments of Justices Louise Charron and Rosalie Abella, the court became the world's most gender-balanced national high court, four of its nine members being female.
Justice Marie Deschamps' retirement on 7 August 2012 caused the number to fall to three, however the appointment of Suzanne Côté on 1 December 2014 restored the number to four. After serving on the Court for 28 years, 259 days, McLachlin retired in December 2017, her successor as chief justice is Richard Wagner. The structure of the Canadian court system is pyramidal, a broad base being formed by the various provincial and territorial courts whose judges are appointed by the provincial or territorial governments. At the next level are the provinces' and territories' superior courts, where judges are appointed by the federal government. Judgments from the superior courts may be appealed to a still higher level, the provincial or territorial courts of appeal. Several federal courts exist: the Tax Court of Canada, the Federal Court, the Federal Court of Appeal, the Court Martial Appeal Court of Canada. Unlike the provincial superior courts, which exercise inherent or general jurisdiction, the federal courts' jurisdiction is limited by statute.
In all, there are over 1,000 federally appointed judges at various levels across Canada. The Supreme Court of Canada rests at the apex of the judicial pyramid; this institution hears appeals from the provincial courts of last resort the provincial or territorial courts of appeal, the Federal Court of Appeal, although in some matters appeals come straight from the trial courts, as in the case of publication bans and other orders that are otherwise not appealable. In most cases, permission to appeal must first be obtained from the court. Motions for leave to appeal to the Court are heard by a panel of three judges of the Court and a simple majority is determinative. By convention, this panel never explains why it grants or refuses leave in any particular case, but the Court hears cases of national importance or where the case allows the Court to settle an important issue of law. Leave is granted, meaning that for most litigants, provincial courts of appeal are courts of last resort, but leave to appeal is not required for some cases criminal cases and appeals from provincial references.
A final source of cases is the referral power of the federa
Quebec is one of the thirteen provinces and territories of Canada. It is bordered to the west by the province of Ontario and the bodies of water James Bay and Hudson Bay. S. states of Maine, New Hampshire and New York. It shares maritime borders with Nunavut, Prince Edward Island, Nova Scotia. Quebec is Canada's largest province by its second-largest administrative division, it is and politically considered to be part of Central Canada. Quebec is the second-most populous province of Canada, after Ontario, it is the only one to have a predominantly French-speaking population, with French as the sole provincial official language. Most inhabitants live in urban areas near the Saint Lawrence River between Montreal and Quebec City, the capital. Half of Quebec residents live in the Greater Montreal Area, including the Island of Montreal. English-speaking communities and English-language institutions are concentrated in the west of the island of Montreal but are significantly present in the Outaouais, Eastern Townships, Gaspé regions.
The Nord-du-Québec region, occupying the northern half of the province, is sparsely populated and inhabited by Aboriginal peoples. The climate around the major cities is four-seasons continental with cold and snowy winters combined with warm to hot humid summers, but farther north long winter seasons dominate and as a result the northern areas of the province are marked by tundra conditions. In central Quebec, at comparatively southerly latitudes, winters are severe in inland areas. Quebec independence debates have played a large role in the politics of the province. Parti Québécois governments held referendums on sovereignty in 1980 and 1995. Although neither passed, the 1995 referendum saw the highest voter turnout in Quebec history, at over 93%, only failed by less than 1%. In 2006, the House of Commons of Canada passed a symbolic motion recognizing the "Québécois as a nation within a united Canada". While the province's substantial natural resources have long been the mainstay of its economy, sectors of the knowledge economy such as aerospace and communication technologies and the pharmaceutical industry play leading roles.
These many industries have all contributed to helping Quebec become an economically influential province within Canada, second only to Ontario in economic output. The name "Québec", which comes from the Algonquin word kébec meaning "where the river narrows" referred to the area around Quebec City where the Saint Lawrence River narrows to a cliff-lined gap. Early variations in the spelling of the name included Kébec. French explorer Samuel de Champlain chose the name Québec in 1608 for the colonial outpost he would use as the administrative seat for the French colony of New France; the province is sometimes referred to as "La belle province". The Province of Quebec was founded in the Royal Proclamation of 1763 after the Treaty of Paris formally transferred the French colony of Canada to Britain after the Seven Years' War; the proclamation restricted the province to an area along the banks of the Saint Lawrence River. The Quebec Act of 1774 expanded the territory of the province to include the Great Lakes and the Ohio River Valley and south of Rupert's Land, more or less restoring the borders existing under French rule before the Conquest of 1760.
The Treaty of Paris ceded territories south of the Great Lakes to the United States. After the Constitutional Act of 1791, the territory was divided between Lower Canada and Upper Canada, with each being granted an elected legislative assembly. In 1840, these become Canada East and Canada West after the British Parliament unified Upper and Lower Canada into the Province of Canada; this territory was redivided into the Provinces of Quebec and Ontario at Confederation in 1867. Each became one of the first four provinces. In 1870, Canada purchased Rupert's Land from the Hudson's Bay Company and over the next few decades the Parliament of Canada transferred to Quebec portions of this territory that would more than triple the size of the province. In 1898, the Canadian Parliament passed the first Quebec Boundary Extension Act that expanded the provincial boundaries northward to include the lands of the local aboriginal peoples; this was followed by the addition of the District of Ungava through the Quebec Boundaries Extension Act of 1912 that added the northernmost lands of the Inuit to create the modern Province of Quebec.
In 1927, the border between Quebec and Newfoundland and Labrador was established by the British Judicial Committee of the Privy Council. Quebec disputes this boundary. Located in the eastern part of Canada, part of Central Canada, Quebec occupies a territory nearly three times the size of France or Texas, most of, sparsely populated, its topography is different from one region to another due to the varying composition of the ground, the climate, the proximity to water. The Saint Lawrence Lowland and the Appalachians are the two main topographic regions in southern Quebec, while the Canadian Shield occupies most of central and northern Quebec. Quebec has one of the world's largest reserves of fresh water, occupying 12% of its surface, it has 3 % of the world's renewable fresh water. Mor
Quebec City Québec, is the capital city of the Canadian province of Quebec. The city had a population estimate of 531,902 in July 2016, the metropolitan area had a population of 800,296 in July 2016, making it the second largest city in Quebec after Montreal, the seventh largest metropolitan area and eleventh largest city in the country; the Algonquian people had named the area Kébec, an Algonquin word meaning "where the river narrows", because the Saint Lawrence River narrows proximate to the promontory of Quebec and its Cape Diamant. Explorer Samuel de Champlain founded a French settlement here in 1608, adopted the Algonquin name. Quebec City is one of the oldest European cities in North America; the ramparts surrounding Old Quebec are the only fortified city walls remaining in the Americas north of Mexico. This area was declared a World Heritage Site by UNESCO in 1985 as the "Historic District of Old Québec"; the city's landmarks include the Château Frontenac hotel that dominates the skyline and the Citadelle of Quebec, an intact fortress that forms the centrepiece of the ramparts surrounding the old city and includes a secondary royal residence.
The National Assembly of Quebec, the Musée national des beaux-arts du Québec, the Musée de la civilisation are found within or near Vieux-Québec. According to the Government of Canada, the Government of Quebec and the Geographical Names Board of Canada, the names of Canadian cities and towns have only one official form. Thus, Québec is spelled with an accented é in both Canadian English and French. In English, the city and the province are distinguished by the fact that the province does not have an accented é and the city does. Informally, the accent is omitted in common usage, so the unofficial form "Quebec City" is used to distinguish the city from the province. In French, the names of provinces are gendered nouns and the names of cities are not, so the city and the province are distinguished by the presence or absence of a definite article in front of the name. For example, the concept of "in Quebec" is expressed as "à Québec" for the city and "au Québec" for the province. Quebec City is one of the oldest European settlements in North America and the only fortified city north of Mexico whose walls still exist.
While many of the major cities in Latin America date from the 16th century, among cities in Canada and the U. S. few were created earlier than Quebec City. It is home to the earliest known French settlement in North America, Fort Charlesbourg-Royal, established in 1541 by explorer Jacques Cartier with some 400 persons but abandoned less than a year due to the hostility of the natives and the harsh winter; the fort was in the suburban former town of Cap-Rouge. Quebec was founded by Samuel de Champlain, a French explorer and diplomat, on 3 July 1608, at the site of a long abandoned St. Lawrence Iroquoian settlement called Stadacona. Champlain called "The Father of New France", served as its administrator for the rest of his life; the name "Canada" refers to this settlement. Although the Acadian settlement at Port-Royal was established three years earlier, Quebec came to be known as the cradle of North America's Francophone population; the place seemed favourable to the establishment of a permanent colony.
The population of the settlement remained small for decades. In 1629 it was captured by English privateers, led during the Anglo-French War. Samuel de Champlain argued that the English seizing of the lands was illegal as the war had ended, worked to have the lands returned to France; as part of the ongoing negotiations of their exit from the Anglo-French War, in 1632 the English king Charles agreed to return the lands in exchange for Louis XIII paying his wife's dowry. These terms were signed into law with the Treaty of Saint-Germain-en-Laye; the lands in Quebec and Acadia were returned to the French Company of One Hundred Associates. In 1665, there were 550 people in 70 houses living in the city. One-quarter of the people were members of religious orders: secular priests, Ursulines nuns and the order running the local hospital, Hotel-Dieu. Quebec City was the headquarters of many raids against New England during the four French and Indian Wars. In the last war, the French and Indian War, Quebec City was captured by the British in 1759 and held until the end of the war in 1763.
It was the site of three battles during Seven Years' War: a French victory. France ceded New France, including the city, to Britain in 1763. At the end of French rule in 1763, villages and pastures surrounded the town of 8,000 inhabitants; the town distinguished itself by its monumental architecture and affluent homes of masonry and shacks in the suburbs of Saint-Jean and Saint-Roch. Despite its urbanity and its status as capital, Quebec City remained a small colonial city with close ties to its rural surroundings. Nearby inhabitants traded their farm surpluses and firewood for imported goods from France at the two city m