Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta. The Court of Queen's Bench of Alberta in Calgary was relocated to the Calgary Courts Centre in 2007; the Court of Queen's Bench has been located at the Law Courts building in Edmonton since the 1970s. The Court originates from the old Supreme Court of the Northwest Territories. Two years after Alberta became a province in 1905, the Court was reorganized as the Supreme Court of Alberta and several lower District Courts possessing a more limited jurisdiction. In 1921, the Supreme Court was reorganized to have an independent trial division, an independent appellate division, the precursor to the Court of Appeal of Alberta, it was not until June 30, 1979 that the Supreme Court Trial Division received its current name as the "Court of Queen's Bench of Alberta". The District Courts created in 1907 were amalgamated into the District Court of Northern Alberta and the District Court of Southern Alberta in 1935, merging altogether into the District Court of Alberta in 1975.
In 1979, it merged for the last time, this time back with the Supreme Court, into the Court of Queen's Bench. The Court consists of a Chief Justice of the Court, an Associate Chief Justice, several judges including those judges who have elected supernumerary status after many years of service and after having attained eligibility for retirement. A justice of the Court of Appeal of Alberta is an ex officio justice of the Court of Queen's Bench and may sit on that Court. A justice of the Court of Queen's Bench may sit on a panel of the Court of Appeal, by invitation of the Chief Justice of Alberta, it is important not to confuse the Chief Justice of Alberta and the Chief Justice of the Court of the Queen's Bench. The former is the chief justice of the province and sits on the Court of Appeal, while the latter is the chief justice of a court and sits on the Court of Queen's Bench; the province is divided into 11 districts with court sitting in 13 different locations. In 2010 the locations were: Calgary Drumheller Edmonton Fort McMurray Grande Prairie High Level Hinton Lethbridge Medicine Hat Peace River Red Deer St. Paul Wetaskiwin As a superior court, it has inherent jurisdiction and therefore, may hear matters despite absence of specific statutory delegation.
Thus, it operates as a civil and criminal trial court, hears surrogate matters, as well as certain appeals from the Provincial Court of Alberta. Appeals from the Court lie with the Court of Appeal. Civil procedure before the Court are set out in the Alberta Rules of Court. Although provincial superior courts are administered by the provinces, they are considered to be section 96 courts. Therefore, appointments to the Court are within federal jurisdiction and made by cabinet; the Court of Queen's Bench Act sets out the styling convention of the Court in section 2. During the reign of a Queen, it is known as the Court of Queen's Bench of Alberta. Should the monarchy be vested in a King, it will be known as the Court of King's Bench of Alberta. Joe Kryczka Joanne B Veit Sheila J. Greckol Sheilah Martin Ritu Khullar J Richard Philippe Marceau N. C. Wittmann Allan H. J. Wachowich W. Kenneth Moore William R. Howson Master Judicial officers part of the Court of Queen's Bench Official website
In law, common law is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of "common law" is. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision. If, the court finds that the current dispute is fundamentally distinct from all previous cases, legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue; the court states an opinion that gives reasons for the decision, those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, regulations which are promulgated by the executive branch.
Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. The common law—so named because it was "common" to all the king's courts across England—originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066; the British Empire spread the English legal system to its historical colonies, many of which retain the common law system today. These "common law systems" are legal systems that give great precedential weight to common law, to the style of reasoning inherited from the English legal system. Today, one-third of the world's population lives in common law jurisdictions or in systems mixed with civil law, including Antigua and Barbuda, Bahamas, Barbados, Botswana, Cameroon, Cyprus, Fiji, Grenada, Hong Kong, Ireland, Jamaica, Liberia, Malta, Marshall Islands, Namibia, New Zealand, Pakistan, Papua New Guinea, Sierra Leone, South Africa, Sri Lanka and Tobago, the United Kingdom, the United States, Zimbabwe.
Some of these countries have variants on common law systems. The term common law has many connotations; the first three set out here are the most-common usages within the legal community. Other connotations from past centuries are sometimes seen and are sometimes heard in everyday speech; the first definition of "common law" given in Black's Law Dictionary, 10th edition, 2014, is "The body of law derived from judicial decisions, rather than from statutes or constitutions. This usage is given as the first definition in modern legal dictionaries, is characterized as the “most common” usage among legal professionals, is the usage seen in decisions of courts. In this connotation, "common law" distinguishes the authority. For example, the law in most Anglo-American jurisdictions includes "statutory law" enacted by a legislature, "regulatory law" or “delegated legislation” promulgated by executive branch agencies pursuant to delegation of rule-making authority from the legislature, common law or "case law", i.e. decisions issued by courts.
This first connotation can be further differentiated into pure common law arising from the traditional and inherent authority of courts to define what the law is in the absence of an underlying statute or regulation. Examples include most criminal law and procedural law before the 20th century, today, most contract law and the law of torts. Interstitial common law court decisions that analyze and determine the fine boundaries and distinctions in law promulgated by other bodies; this body of common law, sometimes called "interstitial common law", includes judicial interpretation of the Constitution, of legislative statutes, of agency regulations, the application of law to specific facts. Publication of decisions, indexing, is essential to the development of common law, thus governments and private publishers publish law reports. While all decisions in common law jurisdictions are precedent, some become "leading cases" or "landmark decisions" that are cited often. Black's Law Dictionary 10th Ed. definition 2, differentiates "common law" jurisdictions and legal systems from "civil law" or "code" jurisdictions.
Common law systems place great weight on court decisions, which are considered "law" with the same force of law as statutes—for nearly a millennium, common law courts have had the authority to make law where no legislative statute exists, statutes mean what courts interpret them to mean. By contrast, in civil law jurisdictions, courts lack authority to act. Civil law judges tend to give less weight to judicial precedent, which means that a
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
Hamilton is a port city in the Canadian province of Ontario. An industrialized city in the Golden Horseshoe at the west end of Lake Ontario, Hamilton has a population of 536,917, a metropolitan population of 747,545; the city is located about 60 km southwest of Toronto, with which the Greater Toronto and Hamilton Area is formed. On January 1, 2001, the current boundaries of Hamilton was created through the amalgamation of the original city with other municipalities of the Regional Municipality of Hamilton-Wentworth. Residents of the city are known as Hamiltonians. Since 1981, the metropolitan area has been listed as the ninth largest in Canada and the third largest in Ontario. Hamilton is home to the Royal Botanical Gardens, the Canadian Warplane Heritage Museum, the Bruce Trail, McMaster University, Redeemer University College and Mohawk College. McMaster University is ranked 4th in Canada and 77th in the world by Times Higher Education Rankings 2018–19 and has a well-known medical school. In pre-colonial times, the Neutral First Nation used much of the land but were driven out by the Five Nations who were allied with the British against the Huron and their French allies.
A member of the Iroquois Confederacy provided the route and name for Mohawk Road, which included King Street in the lower city. Following the United States gaining independence after their American Revolutionary War, in 1784, about 10,000 United Empire Loyalists settled in Upper Canada, chiefly in Niagara, around the Bay of Quinte, along the St. Lawrence River between Lake Ontario and Montreal; the Crown granted them land in these areas in order to develop Upper Canada and to compensate them for losses in the United States. With former First Nations lands available for purchase, these new settlers were soon followed by many more Americans, attracted by the availability of inexpensive, arable land. At the same time, large numbers of Iroquois, allied with Britain arrived from the United States and were settled on reserves west of Lake Ontario as compensation for lands they lost in what was now the United States. During the War of 1812, British regulars and Canadian militia defeated invading American troops at the Battle of Stoney Creek, fought in what is now a park in eastern Hamilton.
The town of Hamilton was conceived by George Hamilton, when he purchased farm holdings of James Durand, the local Member of the British Legislative Assembly, shortly after the War of 1812. Nathaniel Hughson, a property owner to the north, cooperated with George Hamilton to prepare a proposal for a courthouse and jail on Hamilton's property. Hamilton offered the land to the crown for the future site. Durand was empowered by Hughson and Hamilton to sell property holdings which became the site of the town; as he had been instructed, Durand circulated the offers at York during a session of the Legislative Assembly, which established a new Gore District, of which the Hamilton townsite was a member. This town was not the most important centre of the Gore District. An early indication of Hamilton's sudden prosperity was marked by the fact that in 1816 it was chosen over Ancaster, Ontario that year to be the administrative center for the new Gore District. Another dramatic economic turnabout for Hamilton occurred in 1832 when a canal was cut through the outer sand bar that enabled Hamilton to become a major port.
A permanent jail was not constructed until 1832, when a cut-stone design was completed on Prince's Square, one of the two squares created in 1816. Subsequently, the first police board and the town limits were defined by statute on February 13, 1833. Official city status was achieved on June 9, 1846, by an act of Parliament, 9 Victoria Chapter 73. By 1845, the population was 6,475. In 1846, there were useful roads to many communities as well as stage coaches and steamboats to Toronto and Niagara. Eleven cargo schooners were owned in Hamilton. Eleven churches were in operation. A reading room provided access to newspapers from other cities and from England and the U. S. In addition to stores of all types, four banks, tradesmen of various types, sixty-five taverns, industry in the community included three breweries, ten importers of dry goods and groceries, five importers of hardware, two tanneries, three coachmakers, a marble and a stone works; as the city grew, several prominent buildings were constructed in the late 19th century, including the Grand Lodge of Canada in 1855, West Flamboro Methodist Church in 1879, a public library in 1890, the Right House department store in 1893.
The first commercial telephone service in Canada, the first telephone exchange in the British Empire, the second telephone exchange in all of North America were each established in the city between 1877–78. The city had several interurban electric street railways and two inclines, all powered by the Cataract Power Co. Though suffering through the Hamilton Street Railway strike of 1906, with industrial businesses expanding, Hamilton's population doubled between 1900 and 1914. Two steel manufacturing companies and Dofasco, were formed in 1910 and 1912, respectively. Procter & Gamble and the Beech-Nut Packing Company opened manufacturing plants in 1914 and 1922 their first outside the US. Population and economic growth continued until the 1960s. In 1929 the city's first high-rise building, the Pigott Building, was constructed.
Court of Queen's Bench for Saskatchewan
The Court of Queen's Bench for Saskatchewan is the superior trial court for the Canadian province of Saskatchewan. The Court consists of 33 full-time judges and a number of supernumerary judges, all appointed and paid by the federal government; the court's Chief Justice the Honourable Martel D. Popescul, is styled the Chief Justice of the Queen's Bench. Both the Chief Justice and puisne justices are addressed as "My Lord" or "My Lady" and referred to as "His Lordship" or "Her Ladyship"; this differs from the terminology used in the Provincial Court of Saskatchewan, whose judges are "Your Honour", "His Honour" or "Her Honour". The Court sits in nine judicial centres and actions are brought in the judicial centre closest to where the action arose, or the residence or place of business of the defendant; the Court hears criminal law cases. It is a court of inherent jurisdiction and there is no monetary limit on the claims which it may hear, it has original jurisdiction over matters assigned to it by statute, such as adjudicating human rights complaints.
The court has a Family Law Division, which has exclusive jurisdiction over family law matters in the judicial centres of Saskatoon and Prince Albert, concurrent jurisdiction over family law matters in all other areas of the province. As a superior court of original jurisdiction, it has supervisory jurisdiction over administrative tribunals, exercised by the prerogative writs, it has some appellate jurisdiction, hearing appeals from the Provincial Court of Saskatchewan and some administrative bodies. Appeals may be taken from the Queen's Bench to the Court of Appeal for Saskatchewan. A further appeal lies to the Supreme Court of Canada; until it became a province in 1905, Saskatchewan was part of the North-West Territories as it existed at that time and its judicial system was that of the territory. In fact, it was not until 1907 – two years after Saskatchewan became a province – that the new province's judicial system was established; the initial court structure of 1907 consisted of three courts: the Supreme Court of Saskatchewan, the District Court and the Surrogate Court.
There was no appeal court. During the First World War, the province reorganized its courts. In 1915, the province passed legislation, The King's Bench Act and The Court of Appeal Act, for the purpose of creating a new court structure; those acts came into effect on March 1, 1918, resulting in the abolition of the Supreme Court of Saskatchewan and the creation of the trial-level Court of King's Bench and the Court of Appeal. In 1981, Saskatchewan merged its District Court into the Court of Queen's Bench; as part of that process, the judicial centres of the District Court became the judicial centres of the Court of Queen's Bench. The Court of King's Bench Act foresaw the need to rename the Court in the event of a female monarch; the Act provides that, during the reign of a Queen, the Court is known as the Court of Queen's Bench for Saskatchewan. Should the monarchy be vested in a King, it will be known as the Court of King's Bench for Saskatchewan. There are three main courts in Saskatchewan: Court of Appeal for Saskatchewan – appellate court.
Court of Queen's Bench for Saskatchewan – superior trial court of Saskatchewan with inherent and unlimited jurisdiction Provincial Court of Saskatchewan – court of first instance. The jury found that the death of Colten Boushie, from the Cree Red Pheasant First Nation occurred because of "hang fire". Clint Wuttunee, Chief of the Red Pheasant First Nation, called the verdict "absolutely perverse". Following the announcement of the acquittal and vigils took place across Canada; the rally at the Saskatoon court attracted 1,000 people who supported Boushie's family and were frustrated by the jury's decision. At a press conference on February 11, hosted by Saskatoon Tribal Council, Mayor Clark described the event as a "defining moment for this community and this country". Saskatchewan Court of Queen's Bench website
England is a country, part of the United Kingdom. It shares land borders with Wales to Scotland to the north-northwest; the Irish Sea lies west of England and the Celtic Sea lies to the southwest. England is separated from continental Europe by the North Sea to the east and the English Channel to the south; the country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Palaeolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century, since the Age of Discovery, which began during the 15th century, has had a significant cultural and legal impact on the wider world; the English language, the Anglican Church, English law – the basis for the common law legal systems of many other countries around the world – developed in England, the country's parliamentary system of government has been adopted by other nations.
The Industrial Revolution began in 18th-century England, transforming its society into the world's first industrialised nation. England's terrain is chiefly low hills and plains in central and southern England. However, there is upland and mountainous terrain in the west; the capital is London, which has the largest metropolitan area in both the United Kingdom and the European Union. England's population of over 55 million comprises 84% of the population of the United Kingdom concentrated around London, the South East, conurbations in the Midlands, the North West, the North East, Yorkshire, which each developed as major industrial regions during the 19th century; the Kingdom of England – which after 1535 included Wales – ceased being a separate sovereign state on 1 May 1707, when the Acts of Union put into effect the terms agreed in the Treaty of Union the previous year, resulting in a political union with the Kingdom of Scotland to create the Kingdom of Great Britain. In 1801, Great Britain was united with the Kingdom of Ireland to become the United Kingdom of Great Britain and Ireland.
In 1922 the Irish Free State seceded from the United Kingdom, leading to the latter being renamed the United Kingdom of Great Britain and Northern Ireland. The name "England" is derived from the Old English name Englaland, which means "land of the Angles"; the Angles were one of the Germanic tribes that settled in Great Britain during the Early Middle Ages. The Angles came from the Anglia peninsula in the Bay of Kiel area of the Baltic Sea; the earliest recorded use of the term, as "Engla londe", is in the late-ninth-century translation into Old English of Bede's Ecclesiastical History of the English People. The term was used in a different sense to the modern one, meaning "the land inhabited by the English", it included English people in what is now south-east Scotland but was part of the English kingdom of Northumbria; the Anglo-Saxon Chronicle recorded that the Domesday Book of 1086 covered the whole of England, meaning the English kingdom, but a few years the Chronicle stated that King Malcolm III went "out of Scotlande into Lothian in Englaland", thus using it in the more ancient sense.
According to the Oxford English Dictionary, its modern spelling was first used in 1538. The earliest attested reference to the Angles occurs in the 1st-century work by Tacitus, Germania, in which the Latin word Anglii is used; the etymology of the tribal name itself is disputed by scholars. How and why a term derived from the name of a tribe, less significant than others, such as the Saxons, came to be used for the entire country and its people is not known, but it seems this is related to the custom of calling the Germanic people in Britain Angli Saxones or English Saxons to distinguish them from continental Saxons of Old Saxony between the Weser and Eider rivers in Northern Germany. In Scottish Gaelic, another language which developed on the island of Great Britain, the Saxon tribe gave their name to the word for England. An alternative name for England is Albion; the name Albion referred to the entire island of Great Britain. The nominally earliest record of the name appears in the Aristotelian Corpus the 4th-century BC De Mundo: "Beyond the Pillars of Hercules is the ocean that flows round the earth.
In it are two large islands called Britannia. But modern scholarly consensus ascribes De Mundo not to Aristotle but to Pseudo-Aristotle, i.e. it was written in the Graeco-Roman period or afterwards. The word Albion or insula Albionum has two possible origins, it either derives from a cognate of the Latin albus meaning white, a reference to the white cliffs of Dover or from the phrase the "island of the Albiones" in the now lost Massaliote Periplus, attested through Avienus' Ora Maritima to which the former served as a source. Albion is now applied to England in a more poetic capacity. Another romantic name for England is Loegria, related to the Welsh word for England and made popular by its use in Arthurian legend; the earliest known evidence of human presence in the area now known as England was that of Homo antecessor, dating to approximate
Court of Appeal for Ontario
The Court of Appeal for Ontario is an appellate court in Ontario, based at historic Osgoode Hall in downtown Toronto. The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary, they hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was a 2003 ruling that legalized same-sex marriage in Ontario, making Canada the first jurisdiction in the world where same-sex marriage was legalized by a court ruling. Among many judges from the Court who have been elevated to the Supreme Court of Canada are Justices Rosalie Abella, Louise Arbour, Peter Cory, Louise Charron, Andromache Karakatsanis, Bora Laskin and Michael Moldaver, as well as Bertha Wilson, the first female justice on both the Court of Appeal for Ontario and the Supreme Court of Canada.
The Court of Appeal derives its jurisdiction from Ontario's Courts of Justice Act. Supernumerary Justices Supreme Court of Canada Court of Appeal for Ontario official site Ontario Courts website Plan to webcast Ontario appeal cases delayed