supreme court of canada act canlii

372. 87 The Court or a judge may, if it is considered for the ends of justice expedient to do so, order the further examination, before either the Court or a judge, or other person, of any witness, and if the party on whose behalf the evidence is tendered neglects or refuses to obtain such further examination, the Court or judge, in its or his discretion, may decline to act on the evidence. (2) The depositions returned to the Court under subsection (1), together with the affidavit, and the order or commission, closed under the hand and seal of the person or one of the persons authorized to take the examination, may, without further proof, be used in evidence, saving all just exceptions. Words and Phrases. (3) Within seven days from the deposit of the security or, where subsection (2) applies, from the later of the deposit of the security and its approval as required by that subsection, the appellant shall notify all parties directly affected. There are links to the following pages: the Supreme Court Act ; Rules of the Supreme Court of Canada, Forms for the Rules of the Supreme Court of Canada ; Notice to the Profession – Amendments to the Rules of the Supreme Court of Canada ; Guide to the 2019 Amendments to the Rules of the Supreme Court of Canada … 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. (2) This section does not apply to an appeal under section 40. (2) A judge who has resigned the office of judge, or who has ceased to hold office under section 9, shall, within six months thereafter, for the purposes of this section, be deemed to be absent at the delivery of judgment in any case heard by that judge in which judgment has not been delivered during his tenure of office. Madame Justice Claire L’Heureux-Dubé’s judgment for the Court puts Baker into the pantheon of great Canadian administrative law judgments, one occupied until now by two decisions of the Court … 68 Where a judgment appealed from directs the delivery of perishable property, the court appealed from, or a judge thereof, may order the property to be sold and the proceeds to be paid into court, to abide the judgment of the Supreme Court. (b) depositing with the Registrar security to the value of five hundred dollars that the appellant will effectually prosecute the appeal and pay such costs and damages as may be awarded against the appellant by the Court. 96 (1) An order in the Court for payment of money, whether for costs or otherwise, may be enforced by such writs of execution as the Court prescribes. The Court's actual existence was, in the view of some critics, still dependent on the Supreme Court Act, which is simply an Act of Parliament. 22 All persons who are barristers or advocates in a province may practise as barristers, advocates and counsel in the Court. Stay of execution — application for leave to appeal. The CanLII website is not an exhaustive source of judgments of the Ontario Court of Justice. (4) Where a reference is made to the Court under subsection (1) or (2), it is the duty of the Court to hear and consider it and to answer each question so referred, and the Court shall certify to the Governor in Council, for his information, its opinion on each question, with the reasons for each answer, and the opinion shall be pronounced in like manner as in the case of a judgment on an appeal to the Court, and any judges who differ from the opinion of the majority shall in like manner certify their opinions and their reasons. 64 The provisions of this Act requiring the deposit of security for costs do not apply to appeals by or on behalf of the Crown or in election cases, in cases in the Federal Court of Appeal or the Federal Court, in criminal cases or in proceedings for or on a writ of habeas corpus. 84 No informality in the heading or other formal requisites of any affidavit, declaration or solemn affirmation, made or taken before any person under any provision of this Act or any other Act, shall be an objection to its admission in evidence in the Court, if the court or judge before which or whom it is tendered thinks proper to admit it, and if it is actually sworn to, declared or affirmed by the person making it before any person duly authorized thereto and is admitted in evidence, no such informality shall be set up to defeat an indictment for perjury. 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Articolul a fost publicat in data de 2 ianuarie 2021.