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(4) It is the duty of the judge whose attendance has been so requested or who has been so designated, in priority to other duties of the office of that judge, to attend the sittings of the Court at the time and for the period for which his attendance is required, and while so attending that judge possesses the powers and privileges and shall discharge the duties of a puisne judge of the Court. He was appointed a Provincial Court Judge in 1975. 13 (1) The Registrar and Deputy Registrar shall be appointed to hold office during pleasure and shall each be paid a salary to be fixed by the Governor in Council. (2) No attachment as for contempt shall issue in the Court for the non-payment of money only. (2) Such other officers, clerks and employees as are required for the purposes of the Court shall be appointed under the Public Service Employment Act. Acting and Additional Judges; Former Judges; Speeches; Admission as a legal practitioner. The Supreme Court of Canada (“SCC”) is usually timid to grant leave to tax law cases. 52 The Court shall have and exercise exclusive ultimate appellate civil and criminal jurisdiction within and for Canada, and the judgment of the Court is, in all cases, final and conclusive. Stuart Sinclair Garson (pictured, circa 1949), was a former Premier of Manitoba (1943-1948), the very province which had successfully availed itself, in 1892 and again in 1895, of the Privy Council appeal process to shed the obligations upheld by the Supreme Court of Canada with regards to the Manitoba school … 3 The court of law and equity in and for Canada now existing under the name of the Supreme Court of Canada is hereby continued under that name, as a general court of appeal for Canada, and as an additional court for the better administration of the laws of Canada, and shall continue to be a court of record. 1 The Supreme Court of Canada, and the Exchequer Court of Canada, or the Supreme Court of Canada alone, according to the provisions of the Act of the Parliament of Canada, known as "The Supreme and Exchequer Court Act," shall have jurisdiction in the following cases, - (a) Of controversies between the Dominion of Canada … Death of party where judgment against deceased. Section 6 of the Constitution Amendment, 1987, if adopted, would result in the following constitutional "changes" to the Supreme Court of Canada. 28 (1) No judge against whose judgment an appeal is brought, or who took part in the trial of the cause or matter, or in the hearing in a court below, shall sit or take part in the hearing of or adjudication on the proceedings in the Supreme Court. 60 (1) An appeal shall be brought, within the time prescribed by section 58 or allowed under section 59, by, (a) serving a notice of appeal on all parties directly affected; and. (3) Any question concerning any of the matters mentioned in subsections (1) and (2), and referred to the Court by the Governor in Council, shall be conclusively deemed to be an important question. 66 (1) When security has been given as required by sections 60 and 65, any judge of the court appealed from may issue his fiat to the sheriff, to whom any execution on the judgment has issued, to stay the execution, and the execution shall be thereby stayed whether a levy has been made under it or not. 62 (1) An appeal shall be on a case to be stated by the parties or, in the event of difference, to be settled by the court appealed from or a judge thereof. 45 The Court may dismiss an appeal or give the judgment and award the process or other proceedings that the court whose decision is appealed against should have given or awarded. (a) grant the application if it is clear from the written material that it does not warrant an oral hearing and that any question involved is, by reason of its public importance or the importance of any issue of law or any issue of mixed law and fact involved in the question, one that ought to be decided by the Supreme Court or is, for any other reason, of such a nature or significance as to warrant decision by it; (b) dismiss the application if it is clear from the written material that it does not warrant an oral hearing and that there is no question involved as described in paragraph (a); and. (2) Every oath, affidavit, declaration or solemn affirmation taken or made pursuant to subsection (1) is as valid and of the like effect, to all intents, as if it had been administered, taken, sworn, made or affirmed before the Court or before any judge or competent officer thereof in Canada. (2) Unless two of the judges available fulfil the requirements of section 6, the ad hoc judge for the hearing of an appeal from a judgment rendered in the Province of Quebec shall be a judge of the Court of Appeal or a judge of the Superior Court of that Province designated in accordance with subsection (1). Lax Kw'alaams Indian Band v. Canada (Attorney General), [2011] 3 SCR 535, 2011 SCC 56 Summary: This case concerns the distinction between pre- and post-contact practices of First Nations in a particular region of the B.C. Gerard Mitchell is a graduate of UNB Law School. 46.1 The Court may, in its discretion, remand any appeal or any part of an appeal to the court appealed from or the court of original jurisdiction and order any further proceedings that would be just in the circumstances. Signaling an increased willingness to overturn decisions of administrative tribunals, the Supreme Court of Canada has reformed the law governing judicial review in Vavilov, a case about the children of Russian spies, and in two Bell Canada cases over Super Bowl commercials.. 26 (1) A judgment of the Supreme Court may be delivered. 40 (1) Subject to subsection (3), an appeal lies to the Supreme Court from any final or other judgment of the Federal Court of Appeal or of the highest court of final resort in a province, or a judge thereof, in which judgment can be had in the particular case sought to be appealed to the Supreme Court, whether or not leave to appeal to the Supreme Court has been refused by any other court, where, with respect to the particular case sought to be appealed, the Supreme Court is of the opinion that any question involved therein is, by reason of its public importance or the importance of any issue of law or any issue of mixed law and fact involved in that question, one that ought to be decided by the Supreme Court or is, for any other reason, of such a nature or significance as to warrant decision by it, and leave to appeal from that judgment is accordingly granted by the Supreme Court. 89 (1) Where an order is made for the examination of a witness and a copy of the order, together with a notice of the time and place of attendance, signed by the person or one of the persons to take the examination, has been duly served on the witness within Canada, and the witness has been tendered the legal fees for attendance and travel, the refusal or neglect of the witness to attend for examination or to answer any proper question put on examination, or to produce any paper that the witness has been notified to produce, shall be deemed a contempt of court and may be punished by the same process as other contempts of court. How affidavits, declarations or affirmations may be made outside Canada, 82 Any oath, affidavit, declaration or solemn affirmation concerning any proceeding had or to be had in the Court administered, taken, sworn, made or affirmed outside Canada is as valid and of the same effect to all intents as if it had been administered, taken, sworn, made or afffirmed before a commissioner appointed under this Act, if it is so administered, taken, sworn, made or affirmed outside Canada before. Images of the ACT Supreme Court Building; History of the ACT Supreme Court; Judiciary. (a) for regulating the procedure of and in the Court and the bringing of cases before it from courts appealed from or otherwise, and for the effectual execution and working of this Act and the attainment of the intention and objects thereof; (b) for allowing appeals in forma pauperis by leave, notwithstanding the provisions of this Act or any other Act requiring the giving of security for costs, and for allowing a respondent leave to defend in forma pauperis; (c) for empowering the Registrar to do any such thing and transact any such business as is specified in the rules or orders, and to exercise any authority and jurisdiction in respect of the rules or orders as may be done, transacted or exercised by a judge sitting in chambers by virtue of any statute or custom or by the practice of the Court; (d) for fixing the fees and costs to be taxed and allowed to, and received and taken by, and the rights and duties of, the officers of the Court; (e) for awarding and regulating costs in the Court in favour of and against the Crown, as well as the subject; and. 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