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Nova Scotia is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native English-speakers.
William Alexander Henry was a Canadian lawyer, politician, and judge. He was one of the Fathers of Confederation and one of the first judges of the Supreme Court of Canada.
The Nova Scotia House of Assembly, or Legislative Assembly, is the deliberative assembly of the General Assembly of Nova Scotia of the province of Nova Scotia, Canada. The assembly is the oldest in Canada, having first sat in 1758, and in 1848 was the site of the first responsible government in the British Empire. Bills passed by the House of Assembly are given royal assent by the Lieutenant Governor of Nova Scotia in the name of the Queen.
The Constitution Act, 1867 is a major part of the Constitution of Canada. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. The British North America Acts, including this Act, were renamed in 1982 with the patriation of the Constitution ; however, it is still known by its original name in United Kingdom records. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.
Same-sex marriage in Nova Scotia has been legal since September 24, 2004, when the province began issuing marriage licences to same-sex couples immediately following a court ruling from the Nova Scotia Supreme Court.
The court system of Canada forms the judicial branch of government, formally known as "The Queen on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.
The Court of Appeal for Nova Scotia is the highest appeal court in the province of Nova Scotia, Canada. There are currently 8 judicial seats including one assigned to the Chief Justice of Nova Scotia. At any given time there may be one or more additional justices who sit as supernumerary justices. The court sits in Halifax, which is the capital of Nova Scotia. Cases are heard by a panel of three judges. They publish approximately 80 cases each year.
Functus officio refers to an officer or agency whose mandate has expired, due to either the arrival of an expiry date or an agency having accomplished the purpose for which it was created. When used to describe a court, it can refer to one whose duty or authority has come to an end: "Once a court has passed a valid sentence after a lawful hearing, it becomes functus officio and cannot reopen the case."
British Columbia v Imperial Tobacco Canada Ltd, [2005] 2 S.C.R. 473, 2005 SCC 49, is a decision of the Supreme Court of Canada where the Court found that the provincial Tobacco Damages and Health Care Costs Recovery Act, which allowed the government to sue tobacco companies, was constitutionally valid. Imperial Tobacco Canada is an indirect subsidiary of British American Tobacco.
Mackeigan v Hickman, [1989] 2 S.C.R. 796 is a leading Supreme Court of Canada decision on judicial independence. The Court unanimously held that to require a federal judge to explain his or her decisions would violate the principle of judicial independence.
Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal. The term is also used when a governmental institution derives its jurisdiction from a fundamental governing instrument such as a constitution. In the English case of Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd, Lord Diplock described the court's inherent jurisdiction as a general power to control its own procedure so as to prevent its being used to achieve injustice.
Sir Thomas Andrew Lumisden Strange was a chief justice in Nova Scotia, known for waging "judicial war" to free Black Nova Scotian slaves from their owners. From 1789–1797, he was the sixth Chief Justice of Nova Scotia. He became the first Chief Justice of the erstwhile Supreme Court of Madras and in that capacity was also the first Chief Justice of the Madras Presidency, British India from 1801 to 1817.
The Rules of the Supreme Court (RSC) were the rules which governed civil procedure in the Supreme Court of Judicature of England and Wales from its formation in 1883 until 1999.
The Legislative Council of Nova Scotia was the upper house of the legislature of the Canadian province of Nova Scotia. It existed from 1838 to May 31, 1928. From the establishment of responsible government in 1848, members were appointed by the Lieutenant Governor of Nova Scotia on the advice of the Premier.
The Chancery Amendment Act 1858 also known as Lord Cairns' Act after Sir Hugh Cairns, was an Act of the Parliament of the United Kingdom that allowed the English Court of Chancery, the Irish Chancery and the Chancery Court of the County Palatine of Lancaster to award damages, in addition to their previous function of awarding injunctions and specific performance. The Act also made several procedural changes to the Chancery courts, most notably allowing them to call a jury, and allowed the Lord Chancellor to amend the practice regulations of the courts. By allowing the Chancery courts to award damages it narrowed the gap between the common law and equity courts and accelerated the passing of the Judicature Act 1873, and for that reason has been described by Ernest Pollock as "prophetic".
The Civil Procedure Acts Repeal Act 1879 is an Act of the Parliament of the United Kingdom. It is a public general Act. The Bill for this Act was the Civil Procedure Acts Repeal Bill.
The Administration of Justice Act 1696 was an Act of the Parliament of England, originally titled An Act for the better preventing of frivolous and vexatious Suits.
The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.
Foster Hutchinson (1724-1799) was an associate justice of Massachusetts Superior Court of Judicature, the highest court of the Province of Massachusetts Bay. One of five judges in Massachusetts at the time of the American Revolution, he remained loyal to Britain. He was a younger brother of Loyalist Massachusetts Governor Thomas Hutchinson. He was a graduate of Harvard University (1743). He escaped Boston as a loyalist in 1776 and settled in Halifax, Nova Scotia. He took the probate records of Suffolk Co. where he was Judge of Probate and never released them until 1784, when Benjamin Kent was able to procure their surrender. He re-printed examples of rebel propaganda in the local newspaper for which he later was forced to apologize. He was the father of Foster Hutchinson, also a jurist in Nova Scotia. He was buried in Halifax's Old Burying Ground.
References
- Judicature Act updated to 2007-08-13
- Civil Procedures Nova Scotia