Provinces and territories of Canada
The provinces and territories of Canada are the sub-national governments within the geographical areas of Canada under the authority of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, Nova Scotia, the Province of Canada —were united to form a federated colony, becoming a sovereign nation in the next century. Over its history, Canada's international borders have changed several times, the country has grown from the original four provinces to the current ten provinces and three territories. Together, the provinces and territories make up the world's second-largest country by area. Several of the provinces were former British colonies, Quebec was a French colony, while others were added as Canada grew; the three territories govern the rest of the area of the former British North America. The major difference between a Canadian province and a territory is that provinces receive their power and authority from the Constitution Act, 1867, whereas territorial governments have powers delegated to them by the Parliament of Canada.
The powers flowing from the Constitution Act are divided between the Government of Canada and the provincial governments to exercise exclusively. A change to the division of powers between the federal government and the provinces requires a constitutional amendment, whereas a similar change affecting the territories can be performed unilaterally by the Parliament of Canada or government. In modern Canadian constitutional theory, the provinces are considered to be sovereign within certain areas based on the divisions of responsibility between the provincial and federal government within the Constitution Act 1867, each province thus has its own representative of the Canadian "Crown", the lieutenant governor; the territories are not sovereign, but instead their authorities and responsibilities come directly from the federal level, as a result, have a commissioner instead of a lieutenant governor. Notes: There are three territories in Canada. Unlike the provinces, the territories of Canada have no inherent sovereignty and have only those powers delegated to them by the federal government.
They include all of mainland Canada north of latitude 60° north and west of Hudson Bay, as well as most islands north of the Canadian mainland. The following table lists the territories in order of precedence. Ontario, New Brunswick, Nova Scotia were the original provinces, formed when several British North American colonies federated on July 1, 1867, into the Dominion of Canada and by stages began accruing the indicia of sovereignty from the United Kingdom. Prior to this and Quebec were united as the Province of Canada. Over the following years, British Columbia, Prince Edward Island were added as provinces; the British Crown had claimed two large areas north-west of the Canadian colony, known as Rupert's Land and the North-Western Territory and assigned them to the Hudson's Bay Company. In 1870, the company relinquished its claims for £300,000, assigning the vast territory to the Government of Canada. Subsequently, the area was re-organized into the province of the Northwest Territories; the Northwest Territories were vast at first, encompassing all of current northern and western Canada, except for the British holdings in the Arctic islands and the Colony of British Columbia.
The British claims to the Arctic islands were transferred to Canada in 1880, adding to the size of the Northwest Territories. The year of 1898 saw the Yukon Territory renamed as Yukon, carved from the parts of the Northwest Territories surrounding the Klondike gold fields. On September 1, 1905, a portion of the Northwest Territories south of the 60th parallel north became the provinces of Alberta and Saskatchewan. In 1912, the boundaries of Quebec and Manitoba were expanded northward: Manitoba's to the 60° parallel, Ontario's to Hudson Bay and Quebec's to encompass the District of Ungava. In 1869, the people of Newfoundland voted to remain a British colony over fears that taxes would increase with Confederation, that the economic policy of the Canadian government would favour mainland industries. In 1907, Newfoundland acquired dominion status. In the middle of the Great Depression in Canada with Newfoundland facing a prolonged period of economic crisis, the legislature turned over political control to the Newfoundland Commission of Government in 1933.
Following Canada's participation in World War II, in a 1948 referendum, a narrow majority of Newfoundland citizens voted to join the Confederation, on March 31, 1949, Newfoundland became Canada's tenth province. In 2001, it was renamed Newfoundland and Labrador. In 1903, the Alaska Panhandle Dispute fixed British Columbia's northwestern boundary; this was one of only two provinces in Canadian history to have its size reduced. The second reduction, in 1927, occurred when a boundary dispute between Canada and the Dominion of Newfoundland saw Labrador increased at Quebec's expense – this land returned to Canada, as part of the province of Newfoundland, in 1949. In 1999, Nunavut was created from the eastern portion of the Northwest Territories. Yukon lies in the western portion of Northern Canada. All t
Health care or healthcare is the maintenance or improvement of health via the prevention and treatment of disease, illness and other physical and mental impairments in people. Health care is delivered by health professionals in allied health fields. Physicians and physician associates are a part of these health professionals. Dentistry, nursing, optometry, pharmacy, occupational therapy, physical therapy and other health professions are all part of health care, it includes work done in providing primary care, secondary care, tertiary care, as well as in public health. Access to health care may vary across countries and individuals influenced by social and economic conditions as well as health policies. Health care systems are organizations established to meet the health needs of targeted populations. According to the World Health Organization, a well-functioning health care system requires a financing mechanism, a well-trained and adequately paid workforce, reliable information on which to base decisions and policies, well maintained health facilities to deliver quality medicines and technologies.
An efficient health care system can contribute to a significant part of a country's economy and industrialization. Health care is conventionally regarded as an important determinant in promoting the general physical and mental health and well-being of people around the world. An example of this was the worldwide eradication of smallpox in 1980, declared by the WHO as the first disease in human history to be eliminated by deliberate health care interventions; the delivery of modern health care depends on groups of trained professionals and paraprofessionals coming together as interdisciplinary teams. This includes professionals in medicine, physiotherapy, dentistry and allied health, along with many others such as public health practitioners, community health workers and assistive personnel, who systematically provide personal and population-based preventive and rehabilitative care services. While the definitions of the various types of health care vary depending on the different cultural, political and disciplinary perspectives, there appears to be some consensus that primary care constitutes the first element of a continuing health care process and may include the provision of secondary and tertiary levels of care.
Health care can be defined as either private. Primary care refers to the work of health professionals who act as a first point of consultation for all patients within the health care system; such a professional would be a primary care physician, such as a general practitioner or family physician. Another professional would be a licensed independent practitioner such as a physiotherapist, or a non-physician primary care provider such as a physician assistant or nurse practitioner. Depending on the locality, health system organization the patient may see another health care professional first, such as a pharmacist or nurse. Depending on the nature of the health condition, patients may be referred for secondary or tertiary care. Primary care is used as the term for the health care services that play a role in the local community, it can be provided in different settings, such as Urgent care centers which provide same day appointments or services on a walk-in basis. Primary care involves the widest scope of health care, including all ages of patients, patients of all socioeconomic and geographic origins, patients seeking to maintain optimal health, patients with all types of acute and chronic physical and social health issues, including multiple chronic diseases.
A primary care practitioner must possess a wide breadth of knowledge in many areas. Continuity is a key characteristic of primary care, as patients prefer to consult the same practitioner for routine check-ups and preventive care, health education, every time they require an initial consultation about a new health problem; the International Classification of Primary Care is a standardized tool for understanding and analyzing information on interventions in primary care based on the reason for the patient's visit. Common chronic illnesses treated in primary care may include, for example: hypertension, asthma, COPD, depression and anxiety, back pain, arthritis or thyroid dysfunction. Primary care includes many basic maternal and child health care services, such as family planning services and vaccinations. In the United States, the 2013 National Health Interview Survey found that skin disorders and joint disorders, back problems, disorders of lipid metabolism, upper respiratory tract disease were the most common reasons for accessing a physician.
In the United States, primary care physicians have begun to deliver primary care outside of the managed care system through direct primary care, a subset of the more familiar concierge medicine. Physicians in this model bill patients directly for services, either on a pre-paid monthly, quarterly, or annual basis, or bill for each service in the office. Examples of direct primary care practices include Foundation Health in Colorado and Qliance in Washington. In context of global population aging, with increasing numbers of older adults at greater risk of chronic non-communicable diseases increasing demand for primary care services is expected in both developed and developing countries; the World Health Organization attributes the provision of essential primary care as an integral component of an inclusive primary health care strategy. Secondary care includes acute care: nec
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation contains the following information: Court that issued the decision Report title Volume number Page, section, or paragraph number Publication yearIn some report series, for example in England and some in Canada, volumes are not numbered independently of the year: thus the year and volume number are required to identify which book of the series has the case reported within its covers. In such citations, it is usual in these jurisdictions to apply square brackets "" to the year.
The Internet brought with it the opportunity for courts to publish their decisions on websites and most published court decisions now appear in that way. They can be found through many national and other websites, such as WorldLII, that are operated by members of the Free Access to Law Movement; the resulting flood of unpaginated information has led to numbering of paragraphs and the adoption of a medium-neutral citation system. This contains the following information: Year of decision Abbreviated title of the court Decision number Rather than utilizing page numbers for pinpoint references, which would depend upon particular printers and browsers, pinpoint quotations refer to paragraph numbers; the conjunction "versus" is abbreviated to "v" in Commonwealth countries and to "v." in the United States. In common law countries with an adversarial system of justice, the names of the opposing parties are separated in the case title by the abbreviation v—usually written as v in Commonwealth countries and always as v. in the US.
The abbreviation represents the Latin word versus. When case titles are read out loud, the v can be pronounced, depending on the context, as and, versus, or vee. Commonwealth countries follow English legal style: Civil cases are pronounced with and. For example, Smith v Jones would be pronounced "Smith and Jones". Criminal cases are pronounced with against. For example, R v Smith would be pronounced "the Crown against Smith"; the Latin words Rex and versus are all rendered into English. Versus and vee are incorrect. In the United States, there is no consensus on the pronunciation of the abbreviation v; this has led to much confusion about the pronunciation and spelling of court cases: Versus is most used, leading some newspapers to use the common abbreviation vs. in place of the legal abbreviation v. Vee is heard but is not as common. Against is a matter of personal style. For example, Warren E. Burger and John Paul Stevens preferred to announce cases at the Supreme Court with against, and is used by some law professors, but other law professors regard it as an affectation.
During oral arguments in Planned Parenthood v. Casey, the participants demonstrated the lack of consensus by using different pronunciations of v. Solicitor General Ken Starr managed to use all three of the most common American pronunciations interchangeably: Kenneth W. Starr: This is the process of analysis, quite familiar to the Court lengthily laid out by Justice Harlan in his dissent in Poe versus Ullman, adumbrated in his concurring opinion in Griswold against Connecticut.... Well, I think that, the necessary consequence of Roe vee Wade. Legal citation in Australia mirrors the methods of citation used in England. A used guide to Australian legal citation is the Australian Guide to Legal Citation, published jointly by the Melbourne University Law Review and the Melbourne Journal of International Law; the standard case citation format in Australia is: As in Canada, there has been divergence among citation styles. There exist commercial citation guides published by Butterworths and other legal publishing companies, academic citation styles and court citation styles.
Each court in Australia may cite the same case differently. There is presently a movement in convergence to the comprehensive academic citation style of the Australian Guide to Legal Citation published jointly by the Melbourne University Law Review and the Melbourne Journal of International Law. Australian courts and tribunals have now adopted a neutral citation standard for case law; the format provides a naming system that does not depend on the publication of the case in a law report. Most cases are now published on AustLII using neutral citations; the standard format looks like this: So the above-mentioned Mabo case would be cited like this: Mabo v Queensland HCA 23. There is a unique court identifier code for most courts; the court and tribunal identifiers include: Australian Guide to Legal Citation There are a number of citation standards in Canada. Many legal publishing companies and schools have their own standard for citation. Since the late 1990s, much of the legal community has converged to a single standard—formulated in The Canadian Guide to Uniform Legal Citation known as the "McGill Guide" after the McGill Law Journal, which first published it.
The following format reflects this standard: Hunter v Southam, 2 SCR 145. Broken into its component parts, the format is: The Style of Cause is i
Nova Scotia Supreme Court
The Nova Scotia Supreme Court is a superior court in the province of Nova Scotia. The Supreme Court consists of 25 judicial seats including the position of Chief Justice and Associate Chief Justice. At any given time there may be one or more additional justices; the justices sit in 18 different locations around the province. As with all superior courts across the country, the court is said to have inherent jurisdiction, it hears criminal trials. The criminal trials can be judge and jury; the court will hear appeals from the provincial court, small claims court, Family court, various provincial tribunals. Appeals of Supreme Court decisions are made to the Nova Scotia Court of Appeal. While the first court administering the Common Law was established in Annapolis Royal in 1721, the creation of a Supreme Court took place on October 21, 1754, several years before the Province was granted a legislative assembly; the court is among the oldest in North America. Jonathan Belcher was appointed the first Chief Justice of the Nova Scotia Supreme Court.
The court's jurisdiction extended to the entire colony, after the Treaty of Paris ended the war with France in 1763, includes present day Prince Edward Island, New Brunswick and eastern Maine. In 1990, on the recommendation of the Nova Scotia Court Structure Task Force, the County and Supreme courts were merged to create a bench of 25 judges at the trial level. Since 1999, the Supreme Court administers the Nova Scotia Family Division Court, with eight judges, that has jurisdiction over divorces and other family law cases in the Halifax and industrial Cape Breton; the Supreme Court includes the Family Division which adjudicates matters of family law in the regions of Halifax and Cape Breton. As Supreme Court Justices, they have authority over both divorce as well as all other family law matters, unlike their provincial court counterparts who do not have the federal authority to adjudicate divorces. Supreme Court of Nova Scotia Official Website composition of current Judicial Advisory Committee
Beverley Marian McLachlin, CStJ is a Canadian jurist and author who served as the 17th Chief Justice of Canada from 2000 to 2017, the first woman to hold that position and the longest serving Chief Justice in Canadian history. In her role as Chief Justice, she simultaneously served as a Deputy of the Governor General of Canada. McLachlin retired December 15, 2017, nine months before reaching the mandatory retirement age of 75, her successor as Chief Justice of Canada is Richard Wagner, nominated by Prime Minister Justin Trudeau in 2017. Her successor as a Justice of the Court is Sheilah Martin, nominated by the Prime Minister through a new process for judicial appointments to the Supreme Court of Canada that permitted "any Canadian lawyer or judge who fits a specified criteria" to apply. In March 2018, McLachlin was nominated to become a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post; the appointment came into effect July 30, 2018, for a three-year term.
McLachlin was born Beverley Gietz in Pincher Creek, the eldest child of Eleanora Marian and Ernest Gietz. Her parents, who were of German descent, were "fundamentalist Christians" of the Pentecostal Church, she received a B. A. and an M. A. in philosophy and an LL. B. degree from the University of Alberta. She was called to the Bar of Alberta in 1969 and to the Bar of British Columbia in 1971, she practised law from 1969 until 1975. From 1974 to 1981, she was an Associate Professor and Professor with tenure at the University of British Columbia, she has one son, from her first marriage to Roderick McLachlin, who took care of much of Angus's upbringing. Her first husband died of cancer in 1988, a few days after she was appointed chief justice of the B. C. Supreme Court. In 1992 she married Frank McArdle, a lawyer and executive director of the Canadian Superior Courts Judges Association. In April 1981, McLachlin was appointed to the County Court of Vancouver. Just five months she was appointed to the Superior Court of British Columbia.
In 1985 she was appointed to the British Columbia Court of Appeal, three years in 1988 she was appointed Chief Justice of the Supreme Court of British Columbia. She was nominated by Brian Mulroney to be made a Puisne Justice to the Supreme Court of Canada on March 30, 1989. On the advice of Jean Chrétien, she was made Chief Justice of Canada on January 7, 2000. Upon being sworn into the Supreme Court of Canada, she became a Deputy of the Governor General of Canada together with the other justices of the Supreme Court; when Governor General Adrienne Clarkson was hospitalized for a cardiac pacemaker operation on July 8, 2005, McLachlin performed the duties of the Governor General as the Administrator of Canada. In her role as Administrator, she gave royal assent to the Civil Marriage Act which legalized same-sex marriage nationally in Canada, she relinquished that task. She is the Chairperson of the Canadian Judicial Council, on the Board of Governors of the National Judicial Institute, on the Advisory Council of the Order of Canada.
She is a Member of the Queen's Privy Council for Canada. She was made a Commander of the Legion of Honour by the Government of France in 2008. On December 15, 2006, she was appointed Commander of the Venerable Order of Saint John. McLachlin has defined her function as one that requires conscious objectivity, which she describes as follows: What you have to try to do as a judge, whether you're on charter issues or any other issue, is by an act of the imagination put yourself in the shoes of the different parties, think about how it looks from their perspective, think about it, not just give it lip service... As a judge, I've been a judge for a long time, I have always resolved to just try to judge the issues as as I can, not to think about things in too strategic a manner. My job is to listen to what the parties have to say, to do my best to understand the position, the ramifications of deciding one way or the other, to think about what’s best for Canadian society on this particular problem that’s before us, give it my best judgment after listening to my eight other colleagues.
So there's a consensual element there. McLachlin has stated, "I think the court belongs to the Canadian people and it should reflect the Canadian people." In the opinion of an interviewer, this is "not only to convey an impression of balance, but to bring in perspectives that were so long absent from the judicial imagination. To her, judgment is not a coldly neutral evaluation of competing positions, robotically free of passion or perspective, it is an engaged, human act of imagination."The Supreme Court, under McLachlin, ruled against the former Conservative government of Stephen Harper on several important issues, including prostitution, assisted suicide, mandatory minimum gun crime sentences, Senate reform, whether Taliban fighter Omar Khadr deserved an adult sentence, whether Federal Court judge Marc Nadon could be elevated to the Supreme Court. McLachlin surpassed Sir William Johnstone Ritchie as the longest-serving Chief Justice of Canada in history on September 22, 2013. McLachlin was nominated in March 2018 to become a non-permanent member of the Court of Final Appeal in Hong Kong.
The Court appoints foreign judges from common-law jurisdictions outside of Hong Kong, of which McLachlin is the first Canadian, to sit as non-permanent members of the court. Her appointment was approved by the Hong Kong Legislative Council, the Chief Executive gazetted the appointment effective July 30, 2018. McLachlin's
John Sopinka, was a Canadian lawyer and puisne justice on the Supreme Court of Canada, the first Ukrainian-Canadian appointed to the high court. Sopinka was born in Broderick and lived there until his family moved to Hamilton, Ontario, he completed secondary school at Saltfleet High School in Stoney Creek. He earned Bachelor of Bachelor of Laws degrees at the University of Toronto. While studying law, he played professional football with the Toronto Argonauts and the Montreal Alouettes of the Canadian Football League, he was called to the bar of Ontario in 1960 and practiced law at Fasken & Calven before becoming a senior partner at Stikeman Elliott. He was designated Queen's Counsel in 1975 and was a lecturer at both the Osgoode Hall Law School and the University of Toronto Faculty of Law, he authored several books on the law, including a leading text on the law of evidence. Sopinka was involved with several high-profile cases, including acting on behalf of Susan Nelles when she sued the government of Ontario and the Toronto police for malicious prosecution after the withdrawal of charges against her for murdering babies at the Hospital for Sick Children in Toronto.
An inquiry into her case exonerated she won damages from the government for her ordeal. In 1986 he represented the Ukrainian Canadian Committee at the Deschênes Commission of Inquiry on War Criminals and argued against the deportation of suspected war criminals to their native lands the Soviet Union, he served as counsel to the William Parker Inquiry that looked into the conduct of former cabinet minister Sinclair Stevens. A noted trial lawyer, he was appointed directly to the Supreme Court of Canada on May 24, 1988 without having been a judge. At the time it was unusual for a Supreme Court of Canada appointee to have had no prior judicial experience. Following Sopinka's death, the court's next appointee, Ian Binnie came directly from private practice. Sopinka died in Ottawa on November 1997 of a blood disease. In 1999, a new courthouse in downtown Hamilton was named in his honour; the John Sopinka Courthouse has 18 courtrooms, accommodating Hamilton's civil and small claims courts. The government of Canada had purchased and renovated the Dominion Public Building for an estimated $64-million.
The building was erected in 1935-36 and served as the main post office until 1991. In 1999, the Sopinka Cup was established; this is a national mock trial competition open to law students from law faculties all over Canada. In 2000, the volume Ruled by Law: Essays in Memory of Mr. Justice John Sopinka was published as a special edition of the Supreme Court Law Review. Many of the contributors were former law clerks of John Sopinka who had gone on to become law professors; the collection was reprinted by Butterworths Canada as a free-standing volume in 2003. List of decisions by John Sopinka Supreme Court of Canada biography Obituary at The Canadian Encyclopedia
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health and moral welfare of people inclusive of one's self. Most criminal law is established by statute, to say that the laws are enacted by a legislature. Criminal law includes the rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender; the first civilizations did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the Neo-Sumerian king of Ur, enacted the oldest written legal code whose text has been discovered: the Code of Ur-Nammu although an earlier code of Urukagina of Lagash is known to have existed.
Another important early code was the Code of Hammurabi. Only fragments of the early criminal laws of Ancient Greece have survived, e.g. those of Solon and Draco. In Roman law, Gaius's Commentaries on the Twelve Tables conflated the civil and criminal aspects, treating theft as a tort. Assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of monetary compensation or damages; the criminal law of imperial Rome is collected in Books 47–48 of the Digest. After the revival of Roman law in the 12th century, sixth-century Roman classifications and jurisprudence provided the foundations of the distinction between criminal and civil law in European law from until the present time; the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The special notion of criminal penalty, at least concerning Europe, arose in Spanish Late Scholasticism, when the theological notion of God's penalty, inflicted for a guilty mind, became transfused into canon law first and to secular criminal law.
The development of the state dispensing justice in a court emerged in the eighteenth century when European countries began maintaining police services. From this point, criminal law formalized the mechanisms for enforcement, which allowed for its development as a discernible entity. Criminal law is distinctive for the uniquely serious, potential consequences or sanctions for failure to abide by its rules; every crime is composed of criminal elements. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, although these punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from a day to life. Government supervision may be imposed, including house arrest, convicts may be required to conform to particularized guidelines as part of a parole or probation regimen.
Fines may be imposed, seizing money or property from a person convicted of a crime. Five objectives are accepted for enforcement of the criminal law by punishments: retribution, incapacitation and restoration. Jurisdictions differ on the value to be placed on each. Retribution – Criminals ought to Be Punished in some way; this is the most seen goal. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and the criminal law will put criminals at some unpleasant disadvantage to "balance the scales." People submit to the law to receive the right not to be murdered and if people contravene these laws, they surrender the rights granted to them by the law. Thus, one who murders may be executed himself. A related theory includes the idea of "righting the balance." Deterrence – Individual deterrence is aimed toward the specific offender. The aim is to impose a sufficient penalty to discourage the offender from criminal behavior. General deterrence aims at society at large. By imposing a penalty on those who commit offenses, other individuals are discouraged from committing those offenses.
Incapacitation – Designed to keep criminals away from society so that the public is protected from their misconduct. This is achieved through prison sentences today; the death penalty or banishment have served the same purpose. Rehabilitation – Aims at transforming an offender into a valuable member of society, its primary goal is to prevent further offense by convincing the offender that their conduct was wrong. Restoration – This is a victim-oriented theory of punishment; the goal is to repair, through state authority, any injury inflicted upon the victim by the offender. For example, one who embezzles will be required to repay the amount improperly acquired. Restoration is combined with other main goals of criminal justice and is related to concepts in the civil law, i.e. returning the victim to his or her original position before the injury. Many laws are enforced by threat of criminal punishment, the range of the punishment varies with the jurisdiction; the scope of criminal law is too vast to catalog intelligently.
The following are some of the more typical aspects of criminal law. The criminal law prohibits undesirable acts. Thus, proof of a crime requires proof of some act. Scholars label this the requir