Category Archives: Uncategorized

dictionariresourcesvarios

http://www.pajlo.org/fr/lex_fid_cl.pdf

http://www.bt-tb.tpsgc-pwgsc.gc.ca/btb.php?lang=eng&cont=2092

http://www.pajlo.org/en/result.php?letter=A&lang=0

http://www.pajlo.org/fr/ressources/normalisation/ctdj-5e.pdf poner a mano, entre el francés y el inglés. Los otros, incluido este, son:

Law of Trust (all documents are available in .pdf format)

Law of Contracts (all documents are available in .pdf format)

Law of Torts (all documents are available in .pdf format)

Documents dealing with both Law of Contrats & Law of Torts (all documents are available in .pdf format)

To post in the futurexxxx

As stated with the Interpretation Act, which provides rules for the interpretation of legislation,

Meaning in Canada

As stated by the Canada´s Interpretation Act, which provides rules for the interpretation of legislation,

“Act” means an Act of Parliament. French: Loi.
“enact” includes to issue, make or establish.

“public officer”

“public officer” includes any person in the federal public administration who is authorized by or under legislation (or piece of legislation) to do or enforce the doing of an act or thing or to exercise a power, or on whom a duty is imposed by or under legislation (or piece of legislation). French: fonctionnaire public
“regulation”

“regulation” includes an order, regulation, rule, rule of court, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument issued, made or established
o (a) in the execution of a power conferred by or under the authority of an Act, or
o (b) by or under the authority of the Governor in Council.

“repeal” includes revoke or cancel.
Expired and replaced legislations. legislation (or piece of legislation) that has been replaced is repealed and legislation (or piece of legislation) that has expired, lapsed or otherwise ceased to have effect is deemed to have been repealed.

Act Application
Every provision of an Act applies, unless a contrary intention appears, to every legislation, whether enacted before or after the commencement of this Act.
Enacting clause

Enacting Clause of Acts

The enacting clause of an Act in Canada may be in the following form:
“Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:”.
Order of clauses
The enacting clause of an Act shall follow the preamble, if any, and the various provisions within the purview or body of the Act shall follow in a concise and enunciative form.

Royal assent
The Clerk of the Parliaments shall endorse on every Act, immediately after its title, the day, month and year when the Act was assented to in Her Majesty’s name and the endorsement shall be a part of the Act.

Duality of legal traditions

Duality of legal traditions and application of provincial law

Both the common law and the civil law are equally authoritative and recognized sources of the law of property and civil rights in Canada and, unless otherwise provided by law, if in interpreting legislation (or piece of legislation) it is necessary to refer to a province’s rules, principles or concepts forming part of the law of property and civil rights, reference must be made to the rules, principles and concepts in force in the province at the time the legislation is being applied.

Terminology

Unless otherwise provided by law, when legislation (or piece of legislation) contains both civil law and common law terminology, or terminology that has a different meaning in the civil law and the common law, the civil law terminology or meaning is to be adopted in the Province of Quebec and the common law terminology or meaning is to be adopted in the other provinces.
Private Act

Provisions in private Acts
No provision in a private Act affects the rights of any person, except as therein mentioned or referred to.

Law Speaking

Law always speaking

The law shall be considered as always speaking, and where a matter or thing is expressed in the present tense, it shall be applied to the circumstances as they arise, so that effect may be given to the legislation according to its true spirit, intent and meaning.

Remedial

Legislations deemed remedial
Every legislation is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.

Preamble
The preamble of legislation (or piece of legislation) shall be read as a part of the legislation intended to assist in explaining its purport and object.

Marginal Notes

Marginal notes and historical references

Marginal notes and references to former legislations that appear after the end of a section or other division in legislation (or piece of legislation) form no part of the legislation, but are inserted for convenience of reference only.

Interpretation Provisions

Application of definitions and interpretation rules

Definitions or rules of interpretation in legislation (or piece of legislation) apply to all the provisions of the legislation, including the provisions that contain those definitions or rules of interpretation.

Interpretation sections subject to exceptions

Where legislation (or piece of legislation) contains an interpretation section or provision, it shall be read and construed
o (a) as being applicable only if a contrary intention does not appear; and
o (b) as being applicable to all other legislations relating to the same subject-matter unless a contrary intention appears.
Regulations

Words in regulations

Where legislation (or piece of legislation) confers power to make regulations, expressions used in the regulations have the same respective meanings as in the legislation conferring the power.

Majesty

Her Majesty not bound or affected unless stated
No legislation is binding on Her Majesty or affects Her Majesty or Her Majesty’s rights or prerogatives in any manner, except as mentioned or referred to in the legislation.

Proclamation

Proclamation

Where legislation (or piece of legislation) authorizes the issue of a proclamation, the proclamation shall be understood to be a proclamation of the Governor in Council.

Proclamation to be issued on advice

Where the Governor General is authorized to issue a proclamation, the proclamation shall be understood to be a proclamation issued under an order of the Governor in Council, but it is not necessary to mention in the proclamation that it is issued under such an order.

Effective day of proclamations

A proclamation that is issued under an order of the Governor in Council may purport to have been issued on the day of the order or on any subsequent day and, if so, takes effect on that day.
OATHS

Administration of oaths

Where, by legislation (or piece of legislation) or by a rule of the Senate or House of Commons, evidence under oath is authorized or required to be taken, or an oath is authorized or directed to be made, taken or administered, the oath may be administered, and a certificate of its having been made, taken or administered may be given by
o (a) any person authorized by the legislation or rule to take the evidence. French: or
o (b) a judge of any court, a notary public, a justice of the peace or a commissioner for taking affidavits, having authority or jurisdiction within the place where the oath is administered.

Where justice of peace empowered

Where power is conferred on a justice of the peace to administer an oath or solemn affirmation or to take an affidavit or declaration, the power may be exercised by a notary public or a commissioner for taking oaths.

Reports to Parliament
Where an Act requires a report or other document to be laid before Parliament and, in compliance with the Act, a particular report or document has been laid before Parliament at a session thereof, nothing in the Act shall be construed as requiring the same report or document to be laid before Parliament at any subsequent session.

Banking business

No corporation is deemed to be authorized to carry on the business of banking unless that power is expressly conferred on it by the legislation establishing the corporation.
Corporate name
Where legislation establishes a corporation and in each of the English and French versions of the legislation the name of the corporation is in the form only of the language of that version, the name of the corporation shall consist of the form of its name in each of the versions of the legislation.

Documentary evidence

Evidence

Where legislation (or piece of legislation) provides that a document is evidence of a fact without anything in the context to indicate that the document is conclusive evidence, then, in any judicial proceedings, the document is admissible in evidence and the fact is deemed to be established in the absence of any evidence to the contrary.

Queen’s Printer

Every copy of legislation (or piece of legislation) having printed thereon what purports to be the name or title of the Queen’s Printer and Controller of Stationery or the Queen’s Printer is deemed to be a copy purporting to be printed by the Queen’s Printer for Canada.

Reference to Courts

Reference to provincial court judge, etc.

Where anything is required or authorized to be done by or before a judge, provincial court judge, justice of the peace or any functionary or officer, it shall be done by or before one whose jurisdiction or powers extend to the place where the thing is to be done.
Ancillary powers
Where power is given to a person, officer or functionary to do or enforce the doing of any act or thing, all such powers as are necessary to enable the person, officer or functionary to do or enforce the doing of the act or thing are deemed to be also given.
Power Exercised

Powers to be exercised as required

Where a power is conferred or a duty imposed, the power may be exercised and the duty shall be performed from time to time as occasion requires.
Power to repeal
Where a power is conferred to make regulations, the power shall be construed as including a power, exercisable in the same manner and subject to the same consent and conditions, if any, to repeal, amend or vary the regulations and make others.
Forms
Where a form is prescribed, deviations from that form, not affecting the substance or calculated to mislead, do not invalidate the form used.

Gender
Words importing female persons include male persons and corporations and words importing male persons include female persons and corporations.
Number
Words in the singular include the plural, and words in the plural include the singular.

“Act”, as meaning an Act of a legislature, includes an ordinance of the Northwest Territories and a law of the Legislature of Yukon or of the Legislature for Nunavut. French: loi provinciale
“bank” means a bank listed in Schedule I or II to the Canadian Bank Act . French: banque
Commonwealth

“Commonwealth” or “Commonwealth of Nations”

“British Commonwealth” or “British Commonwealth of Nations” has the same meaning as “Commonwealth”. “Commonwealth” or “Commonwealth of Nations” means the association of countries named in the schedule. French: « Commonwealth », « Commonwealth britannique », « Commonwealth des nations » ou « Commonwealth des nations britanniques »

“Commonwealth and Dependent Territories”

“Commonwealth and Dependent Territories” means the several Commonwealth countries and their colonies, possessions, dependencies, protectorates, protected states, condominiums and trust territories. French: Commonwealth et dépendances

“broadcasting” means any radio communication in which the transmissions are intended for direct reception by the general public. French: radiodiffusion

“Waters” includes the territorial sea of Canada and the internal waters of Canada. French: eaux
Privy Council

“Clerk of the Privy Council” or “Clerk of the Queen’s Privy Council”

“Clerk of the Privy Council” or “Clerk of the Queen’s Privy Council” means the Clerk of the Privy Council and Secretary to the Cabinet. French: « greffier du Conseil privé » ou « greffier du Conseil privé de la Reine »

“contiguous zone”,
o (a) in relation to Canada, means the contiguous zone of Canada as determined under the Canadian Oceans Act , and
o (b) in relation to any other state, means the contiguous zone of the other state as determined in accordance with international law and the domestic laws of that other state.
o French: zone contiguë
“continental shelf”,
o (a) in relation to Canada, means the continental shelf of Canada as determined under the Canadian Oceans Act , and
o (b) in relation to any other state, means the continental shelf of the other state as determined in accordance with international law and the domestic laws of that other state.
o French: plateau continental
“contravene”

“contravene” includes fail to comply with. French: contravention
“corporation”

“corporation” does not include a partnership that is considered to be a separate legal entity under provincial law. French: personne morale
“county” includes two or more counties united for purposes to which the legislation relates. French: comté
Diplomatic officer

diplomatic or consular officer

“diplomatic or consular officer” includes an ambassador, envoy, minister, chargé d’affaires, counsellor, secretary, attaché, consul-general, consul, vice-consul, pro-consul, consular agent, acting consul-general, acting consul, acting vice-consul, acting consular agent, high commissioner, permanent delegate, adviser, acting high commissioner, and acting permanent delegate. French: agent diplomatique ou consulaire
“exclusive economic zone”

exclusive economic zone
o (a) in relation to Canada, means the exclusive economic zone of Canada as determined under the Canadian Oceans Act and includes the seabed and subsoil below that zone, and
o (b) in relation to any other state, means the exclusive economic zone of the other state as determined in accordance with international law and the domestic laws of that other state.
o French: zone économique exclusive

“Governor”,

“Governor General” or “Governor of Canada”

“Governor”, “Governor General” or “Governor of Canada” means the Governor General of Canada or other chief executive officer or administrator carrying on the Government of Canada on behalf and in the name of the Sovereign, by whatever title that officer is designated. French: « gouverneur », « gouverneur du Canada » ou « gouverneur général »
Governor in Council

“Governor General in Council” or “Governor in Council”

“Governor General in Council” or “Governor in Council” means the Governor General of Canada acting by and with the advice of, or by and with the advice and consent of, or in conjunction with the Queen’s Privy Council for Canada. French: « gouverneur en conseil » ou « gouverneur général en conseil »

Seal

Great Seal

“Great Seal” means the Great Seal of Canada. French: grand sceau
Crown

“Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown”

“Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown” means the Sovereign of the United Kingdom, Canada and Her other Realms and Territories, and Head of the Commonwealth. French: « Sa Majesté », « la Reine », « le Roi » ou « la Couronne »

“Her Majesty’s Realms and Territories”

“Her Majesty’s Realms and Territories” means all realms and territories under the sovereignty of Her Majesty. French: royaumes et territoires de Sa Majesté
“herein”

“herein” used in any legislation section shall be understood to relate to the whole legislation, and not to that section only.

legislature

“legislative assembly”, “legislative council” or “legislature”

“legislative assembly”, “legislative council” or “legislature” includes the Lieutenant Governor in Council and the Legislative Assembly of the Northwest Territories, as constituted before September , , the Legislature of Yukon, the Commissioner in Council of the Northwest Territories, and the Legislature for Nunavut.
French: « législature », « assemblée législative » ou « conseil législatif »

Lieutenant governor

Lieutenant governor

“lieutenant governor” means the lieutenant governor or other chief executive officer or administrator carrying on the government of the province indicated by the legislation, by whatever title that officer is designated, and in Yukon, the Northwest Territories and Nunavut means the Commissioner.
French: lieutenant-gouverneur

“lieutenant governor in council”

“lieutenant governor in council” means the lieutenant governor acting by and with the advice of, by and with the advice and consent of, or in conjunction with, the executive council of the province indicated by the legislation, and in Yukon, means the Commissioner of Yukon acting with the consent of the Executive Council of Yukon and, in the Northwest Territories and Nunavut, means the Commissioner.
French: « lieutenant-gouverneur en conseil »

“local time”
“local time”, in relation to any place, means the time observed in that place for the regulation of business hours.
French: heure locale
“military”

“military” shall be construed as relating to all or any part of the Canadian Forces. French: militaire
Sworn

“oath” and “sworn”

“oath” includes a solemn affirmation or declaration when the context applies to any person by whom and to any case in which a solemn affirmation or declaration may be made instead of an oath, and in the same cases the expression “sworn” includes the expression “affirmed” or “declared”.
French: serment
“person”

“person”, or any word or expression descriptive of a person, includes a corporation. French: personne
“proclamation”

“proclamation” means a proclamation under the Great Seal. French: proclamation
“province”

“province” means a province of Canada, and includes Yukon, the Northwest Territories and Nunavut. French: province
Radiocommunication

“radio” or “radiocommunication” means any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by means of electromagnetic waves of frequencies lower than GHz propagated in space without artificial guide. French: radiocommunication ou radio
Militar Law

“regular force”

“regular force” means the component of the Canadian Forces that is referred to in the Canadian Defence legislation as the regular force. French: force régulière

“reserve force”

“reserve force” means the component of the Canadian Forces that is referred to in the Canadian Defense Act as the reserve force. French: force de réserve
Sureties

“security” and “sureties”

“security” means sufficient security, and “sureties” means sufficient sureties, and when those words are used one person is sufficient therefor, unless otherwise expressly required. French: caution ou cautionnement
“statutory declaration”

“statutory declaration” means a solemn declaration made pursuant to section of the Canadian Defence legislation. French: déclaration solennelle

“telecommunications”

“telecommunications” means the emission, transmission or reception of signs, signals, writing, images, sounds or intelligence of any nature by any wire, cable, radio, optical or other electromagnetic system, or by any similar technical system. French: télécommunication
“territorial sea”

“territorial sea”,
o (a) in relation to Canada, means the territorial sea of Canada as determined under the Canadian Oceans legislation and includes the airspace above and the seabed and subsoil below that sea, and
o (b) in relation to any other state, means the territorial sea of the other state as determined in accordance with international law and the domestic laws of that other state.
French: mer territoriale
“territory”

“territory” means Yukon, the Northwest Territories and Nunavut. French: territoires
“two justices”

“two justices” means two or more justices of the peace, assembled or acting together. French: deux juges de paix
“writing”

“writing”, or any term of like import, includes words printed, typewritten, painted, engraved, lithographed, photographed or represented or reproduced by any mode of representing or reproducing words in visible form. French: écrit
telegraph

Construction of “telegraph”

The expression “telegraph” and its derivatives, in legislation (or piece of legislation) or in an Act of the legislature of any province enacted before that province became part of Canada on any subject that is within the legislative powers of Parliament, are deemed not to include the word “telephone” or its derivatives.

Name

Common names

The name commonly applied to any country, place, body, corporation, society, officer, functionary, person, party or thing means the country, place, body, corporation, society, officer, functionary, person, party or thing to which the name is commonly applied, although the name is not the formal or extended designation thereof.

Act Citation

Citation of legislation

In legislation (or piece of legislation) or document,
o (a) an Act may be cited by reference to its chapter number in the Revised Statutes, by reference to its chapter number in the volume of Acts for the year or regnal year in which it was enacted or by reference to its long title or short title, with or without reference to its chapter number;
o (b) a regulation may be cited by reference to its long title or short title, by reference to the Act under which it was made or by reference to the number or designation under which it was registered by the Clerk of the Privy Council.

Citation includes amendment

A citation of or reference to legislation (or piece of legislation) is deemed to be a citation of or reference to the legislation as amended.

Act Reference

Reference to two or more parts, etc.

A reference in legislation (or piece of legislation) by number or letter to two or more parts, divisions, sections, subsections, paragraphs, subparagraphs, clauses, subclauses, schedules, appendices or forms shall be read as including the number or letter first mentioned and the number or letter last mentioned.

Reference in legislations to parts, etc.

A reference in legislation (or piece of legislation) to a part, division, section, schedule, appendix or form shall be read as a reference to a part, division, section, schedule, appendix or form of the legislation in which the reference occurs.

Reference in legislation to subsections, etc.

A reference in legislation (or piece of legislation) to a subsection, paragraph, subparagraph, clause or subclause shall be read as a reference to a subsection, paragraph, subparagraph, clause or subclause of the section, subsection, paragraph, subparagraph or clause, as the case may be, in which the reference occurs.

Reference to regulations
A reference in legislation (or piece of legislation) to regulations shall be read as a reference to regulations made under the legislation in which the reference occurs.

Reference to another legislation

A reference in legislation (or piece of legislation) by number or letter to any section, subsection, paragraph, subparagraph, clause, subclause or other division or line of another legislation shall be read as a reference to the section, subsection, paragraph, subparagraph, clause, subclause or other division or line of such other legislation as printed by authority of law.

Demise

Effect of demise of Crown

Where there is a demise of the Crown,
o (a) the demise does not affect the holding of any office under the Crown in right of Canada;
o (b) it is not necessary by reason of the demise that the holder of any such office again be appointed thereto or, having taken an oath of office or allegiance before the demise, again take that oath.

Continuation of proceedings

No writ, action or other process or proceeding, civil or criminal, in or issuing out of any court established by an Act is, by reason of a demise of the Crown, determined, abated, discontinued or affected, but every such writ, action, process or proceeding remains in full force and may be enforced, carried on or otherwise proceeded with or completed as though there had been no such demise.
….
In British Columbia
British Columbia (Canada) Interpretation Act
“acquire” means to obtain by any method and includes accept, receive, purchase, be vested with, lease, take possession, control or occupation of, and agree to do any of those things, but does not include expropriate;
“commercial paper” includes a bill of exchange, cheque, promissory note, negotiable instrument, conditional sale agreement, lien note, hire purchase agreement, chattel mortgage, bill of lading, bill of sale, warehouse receipt, guarantee, instrument of assignment, things in action and any document of title that passes ownership or possession and on which credit can be raised;
“barrister” or “solicitor” or “barrister and solicitor” means a practising lawyer as defined in section 1 (1) of the Legal Profession Act;
“peace officer” includes
(a) a mayor, sheriff and sheriff’s officer,
(b) a warden, correctional officer, and any other officer or permanent employee of a penitentiary, prison, correctional centre or youth custody centre, and
(c) a police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace;

“savings institution” means
(a) a bank,
(b) a credit union,
(c) an extraprovincial trust corporation authorized to carry on deposit business under the Financial Institutions Act, or
(d) a corporation that is a subsidiary of a bank and is a loan company to which the Trust and Loan Companies Act (Canada) applies;

……….
En USA
Forms of Legislative Business
All proposed legislation, and nearly all formal actions by either of the two Houses, take the form of a bill or resolution.
A bill is a legislative proposal of a general nature. A bill may propose either a public or private matter, but both are numbered in the same sequence. Public bills are the most
numerous. Private bills are designed to affect or benefit specific individuals or groups of individuals. Together, bills account for a large majority of the total of legislative proposals of each Congress. The Senate numbers bills in sequence starting with number 1, and each number is preceded by the designation “S”. House bills are similarly numbered and prefaced by “H.R.” Thus, bill number 100 in the Senate is written S. 100, and in the House, H.R. 100.
Joint resolutions, which have the same effect as bills unless they are used to propose amendments to the Constitution, are designated “S.J. Res. ___.” Concurrent resolutions, which are designated “S. Con. Res. ___” for Senate concurrent resolutions, are chosen to express the sense of the Congress to the President or other parties; to attend to “housekeeping” matters affecting both Houses, such as the creation of a joint committee; or to carry proposals to correct the language of measures passed by one House (an engrossment) or both Houses (an enrollment). All concurrent resolutions, including corrective resolutions, must be agreed to in both the Senate and House. One House may seek to correct a measure it passed, or both Houses may wish to correct a measure awaiting the President’s signature.
The former may be accomplished merely by specifying what changes or additions are to be made and requesting the other House to make them, or requesting the return of the measure to the originating House for that purpose. Correction of measures already sent to the President, however, are made after agreement of both Houses to concurrent resolutions requesting return of the measures from the White House. Such resolutions include a resolve that if and when a measure is returned, the action of the Presiding Officers of the two Houses in signing the measure shall be deemed rescinded, and the Secretary of the Senate or the Clerk of the House is authorized and directed in the re-enrollment of the measure to make the necessary corrections. The corrected measure (bill or joint resolution) is then again signed by the Secretary of the Senate or the Clerk of the House, the Speaker, and the Vice President and again delivered to the White House.
Finally there is the designation of “S. Res. ___” for Senate resolutions, which are used primarily to express the sense of the Senate only, or to take care of “housekeeping” matters, including changes in rules, that apply only to the Senate.
When the question of agreement to, or formal acceptance of, a resolution is raised, concurrent and simple resolutions are agreed to or adopted, whereas bills and joint resolutions are passed.
In the House of Representatives, measures have the following designations: “H.R. ___,” for House bills; “H.J.Res. ___,” for House joint resolutions; “H. Con. Res. ___,” for House concurrent resolutions; and “H. Res. ___,” for House resolutions. Bills and resolutions are numbered ad seriatim, in the chronological order in which they are introduced or submitted.
Senate and House bills and joint resolutions, when passed by both Houses in identical form and approved by the President, become public or private law–public laws affect the
Nation as a whole; private laws benefit only an individual or a class thereof. The procedure on each is identical, with the exception of joint resolutions proposing amendments to the Constitution of the United States, which under the Constitution must be passed in each House by a two-thirds vote of the Members present and voting, a quorum being present. They are not sent to the President for his approval but to the Administrator of the General Services Administration, who transmits them to the various States. Constitutional amendments are valid when ratified by at least three-fourths of the States.
Concurrent resolutions have the force of both Houses and must be approved by them in identical form to be effective. However, they are not presented to the White House for the President’s signature, because they do not become law. They are not signed by the President nor by the Speaker and the Vice President. Instead, they are attested by the Secretary of the Senate and Clerk of the House and transmitted after approval to the Administrator of the General Services Administration for publication in the Statutes at Large.
A House or Senate resolution (H. Res. ___ or S. Res. ___) only has the force of the House passing it, and action by the one House is all that is necessary.
Origins of Legislation
Legislation originates in several ways. The Constitution provides that the President “shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient;…”
The President fulfills this duty either by personally addressing a joint session of the two Houses or by sending messages in writing to Congress, or to either body thereof, which are received and referred to the appropriate committees. The President usually presents or submits his annual message on the state of the Union shortly after the beginning of a session.
In addition, there are many executive communications sent to Congress. These are documents signed by the President or by an agency or department head, and filed or submitted as a report to the Senate as directed by law or otherwise. These items are numbered sequentially for a Congress and assigned a prefix EC. They are described only by a brief statement of the contents in the Congressional Record.
The right of petition is guaranteed the citizens of the United States by the Constitution, and many individual petitions as well as memorials from State legislatures are sent to Congress. They are laid before the two Houses by their respective Presiding Officers or submitted by individual Members of the House and Senate in their respective bodies, and are usually referred to the appropriate committees of the House in which they were submitted.
Bills to carry out the recommendations of the President are usually introduced “by request” by the chairmen of the various committees or subcommittees thereof which have jurisdiction of the subject matter. Sometimes the committees themselves may submit and report to the Senate “original bills” to carry out such recommendations.
The ideas for legislative proposals may come from an individual Representative or Senator, from any of the executive departments of the Government, from private organized groups or associations, or from any individual citizen. However, they can be introduced in their respective Houses only by Senators and Representatives. When introduced, they are referred to the standing committees which have jurisdiction over the subject matter.
Members frequently introduce bills that are similar in purpose, in which case the committee considering them may add to one of the bills the best features of the others for reporting to the parent body, or draft an entirely new bill (known as an original bill) and report it in lieu of the others.

Supreme Court Administration

Supreme Court Administration in Canada

Answering directly to the Chief Justice, the Registrar is responsible for all administrative work in the Court and exercises the quasi-judicial powers conferred by the Rules of the Court. This responsibility includes the appointment and supervision of Court staff, the management of the Library and the Registry, and the publication of the Canada Supreme Court Reports. The Registrar and the Deputy Registrar are appointed by the Governor in Council. The Supreme Court’s staff comprises close to 200 employees, all of them members of the federal public service.

Each judge of the Court has three law clerks, usually recent law school graduates, who provide him or her with research assistance. Their one-year term is regarded as meeting in whole or in part the articling requirements set by the various provincial law societies as a condition for admission to the practice of law. A judicial assistant and a court attendant for each judge ensure the efficient management of his or her office. An Executive Legal Officer, whose responsibilities include media relations, and a Legal Officer are attached to the office of the Chief Justice.

Legal and case management support functions are provided by the Court Operations Sector. This sector includes the Registry Branch, which is responsible for case management and hearings, and the Law Branch, which is responsible for legal support to the Court, for editing and preparing summaries of reasons for judgment, and for the translation and publication of Court judgments. The sector also manages the Court’s public outreach tour programs, and is responsible for the Registrar’s correspondence and the Supreme Court’s website.

Administrative and operational support to the judges and Court staff is provided by the Corporate Services Sector, which is responsible for security, accommodation, financial management, procurement, human resources management, administration, telecommunications and strategic planning. The Executive Services Branch is responsible for management support for the judges’ chambers, including the Chief Justice’s Chambers, as well as for the judges’ dining room, the Law Clerk Program and visits by dignitaries.

Information management in support of the judicial functions of the Court is provided by the Library and Information Services Sector.

The Registry

For information on Registrars, please see here.

The Registry plays a pivotal role in the functioning of the Court. It is the hub of all procedural and documentary activities at the Court. The Registry processes, records and directs the flow of all documents filed by the parties, and records all events which take place during the life of a case. This information is available to the public at the Court and on its website. The Registry also provides assistance in scheduling the Court’s hearings and support during the sittings, and finalizes the documentation for cases after judgments have been rendered.

Case Hearings

In the period 2011-2012, the Fall Session of the Supreme Court of Canada commences on October 11, 2011; the Winter Session on January 9, 2012 and; the Spring Session on April 10, 2012.

Hearings normally commence at 9:30 a.m.; however, the Court may start at 9:00 a.m. without prior public notice. Where two cases are scheduled on a given day, the second case may be heard either immediately after the first one or at 2:00 p.m.

The Library

With approximately 300,000 volumes, the Library of the Supreme Court of Canada provides the research base for the Court in its role of deciding questions of public importance. The Library’s extensive collection comprises statutes, law reports, periodicals and treatises from major common and civil law jurisdictions, including Canada, the United Kingdom, the United States, Australia, New Zealand, France and Belgium. Its print, microform and electronic holdings are supplemented by access to a vast range of electronic networks and databases. Its collection is also enriched by a valuable collection of rare books printed in the 16th, 17th and 18th centuries that pertain to the common law of England and the civil law of France. In addition to serving the Supreme Court itself, the Library provides services to lawyers appearing before the Court, to the Federal Court of Appeal and the Federal Court, to members of the Bar, faculty and students-at-law, and by special permission, to legal researchers.

Puisne Judges

Puisne Judges

Judges of the Court: List of Puisne Judges

Names of Judges, with date of appointment and date of departure:

  • Hon. William Johnstone Ritchie 1875-09-30 — / 1879-01-11*
  • Hon. Samuel Henry Strong 1875-09-30 — / 1892-12-13*
  • Hon. Jean-Thomas Taschereau 1875-09-30 — / 1878-10-06
  • Hon. Télesphore Fournier 1875-09-30 — / 1895-09-12
  • Hon. William Alexander Henry 1875-09-30 — / 1888-05-03
  • Hon. Sir Henri-Elzéar Taschereau 1878-10-07 — / 1902-11-21*
  • Hon. John Wellington Gwynne 1879-01-14 — / 7/1/1902
  • Hon. Christopher Salmon Patterson 1888-10-27 — / 1893-07-24
  • Hon. Robert Sedgewick 1893-02-18 — / 4/8/1906
  • Hon. George Edwin King 1893-09-21 — / 8/5/1901
  • Hon. Désiré Girouard 1895-09-28 — / 22/3/1911
  • Hon. Sir Louis Henry Davies 1901-09-25 — / 1918-10-23*
  • Hon. David Mills 1902-02-08 — / 8/5/1903
  • Hon. John Douglas Armour 1902-11-21 — / 11/7/1903
  • Hon. Wallace Nesbitt 1903-05-16 — / 4/10/1905
  • Hon. Albert Clements Killam 1903-08-08 — / 6/2/1905
  • Hon. John Idington 1905-02-10 — / 31/3/1927
  • Hon. James Maclennan 1905-10-05 — / 13/2/1909
  • Hon. Lyman Poore Duff 1906-09-27 — / 1933-03-17*
  • Hon. Francis Alexander Anglin 1909-02-23 — / 1924-09-16*
  • Hon. Louis-Philippe Brodeur 1911-08-11 — / 10/10/1923
  • Hon. Pierre-Basile Mignault 1918-10-25 — / 30/9/1929
  • Hon. Arthur Cyrille Albert Malouin 1924-01-30 — / 1/10/1924
  • Hon. Edmund Leslie Newcombe 1924-09-16 — / 9/12/1931
  • Hon. Thibaudeau Rinfret 1924-10-01 — / 1944-01-08*
  • Hon. John Henderson Lamont 1927-04-02 — / 10/3/1936
  • Hon. Robert Smith 1927-05-18 — / 7/12/1933
  • Hon. Lawrence Arthur Dumoulin Cannon 1930-01-14 — / 25/12/1939
  • Hon. Oswald Smith Crocket 1932-09-21 — / 13/4/1943
  • Hon. Frank Joseph Hughes 1933-03-17 — / 13/2/1935
  • Hon. Henry Hague Davis 1935-01-31 — / 30/6/1944
  • Hon. Patrick Kerwin 1935-07-20 — / 1954-07-01*
  • Hon. Albert Blellock Hudson 1936-03-24 — / 6/1/1947
  • Hon. Robert Taschereau 1940-02-09 — / 1963-04-22*
  • Hon. Ivan Cleveland Rand 1943-04-22 — / 27/4/1959
  • Hon. Roy Lindsay Kellock 1944-10-03 — / 15/1/1958
  • Hon. James Wilfred Estey 1944-10-06 — / 22/1/1956
  • Hon. Charles Holland Locke 1947-06-03 — / 16/9/1962
  • Hon. John Robert Cartwright 1949-12-22 — / 1967-09-01*
  • Hon. Joseph Honoré Gérald Fauteux 1949-12-22 — / 1970-03-23*
  • Hon. Douglas Charles Abbott 1954-07-01 — / 23/12/1973
  • Hon. Henry Grattan Nolan 1956-03-01 — / 8/7/1957
  • Hon. Ronald Martland 1958-01-15 — / 10/2/1982
  • Hon. Wilfred Judson 1958-02-05 — / 20/7/1977
  • Hon. Roland Almon Ritchie 1959-05-05 — / 31/10/1984
  • Hon. Emmett Matthew Hall 1962-11-23 — / 1/3/1973
  • Hon. Wishart Flett Spence 1963-05-30 — / 29/12/1978
  • Hon. Louis-Philippe Pigeon : 1967-09-21 — / 8/2/1980
  • Hon. Bora Laskin : 1970-03-19– / 1973-12-27*
  • Hon. Robert George Brian Dickson : 1973-03-26 — / 1984-04-18*
  • Hon. Jean Beetz : 1974-01-01 — / 10/11/1988
  • Hon. Louis-Philippe de Grandpré : 1974-01-01– / 1/10/1977
  • Hon. Willard Zebedee Estey : 1977-09-29 — / 22/4/1988
  • Hon. Yves Pratte : 1977-10-01 — / 30/6/1979
  • Hon. William Rogers McIntyre : 1979-01-01 — / 15/2/1989
  • Hon. Julien Chouinard : 1979-09-24 — / 6/2/1987
  • Hon. Antonio Lamer : 1980-03-28 — / 1990-07-01*
  • Hon. Bertha Wilson : 1982-03-04 — / 4/1/1991
  • Hon. Gerald Eric Le Dain : 1984-05-29 — / 30/11/1988
  • Hon. Gérard V. La Forest : 1985-01-16 — / 30/9/1997
  • Hon. Claire L’Heureux-Dubé : 1987-04-15 — / 1/7/2002
  • Hon. John Sopinka : 1988-05-24 — / 24/11/1997
  • Hon. Charles Doherty Gonthier : 1989-02-01 — / 31/7/2003
  • Hon. Peter deCarteret Cory : 1989-02-01 — / 1/6/1999
  • Hon. Beverley McLachlin : 1989-03-30 — / 2000-01-07*
  • Hon. William Stevenson : 1990-09-17 — / 5/6/1992
  • Hon. Frank Iacobucci : 1991-01-07 — / 30/6/2004
  • Hon. John C. Major : 1992-11-13 — / 25/12/2005
  • Hon. Michel Bastarache : 1997-09-30 — / 30/6/2008
  • Hon. William Ian Corneil Binnie : 1998-01-08 — / 20/10/2011
  • Hon. Louise Arbour : 1999-09-15 — / 30/6/2004
  • Hon. Louis LeBel : 7/1/2000 /
  • Hon. Marie Deschamps : 7/8/2002 /
  • Hon. Morris J. Fish : 5/8/2003 /
  • Hon. Rosalie Silberman Abella : 30/8/2004 /
  • Hon. Louise Charron : 2004-08-30 — / 30/8/2011
  • Hon. Marshall Rothstein : 1/3/2006 /
  • Hon. Thomas Albert Cromwell : 22/12/2008 /
  • Hon. Michael J. Moldaver : 21/10/2011 /
  • Hon. Andromache Karakatsanis : 21/10/2011 /

* Date of appointment as Chief Justice.

New Brunswick Issues

New Brunswick

New Brunswick, one of the three Maritime provinces, and included as one of the four Atlantic provinces, of Canada, bounded on the N by Québec Province and Chaleur Bay, on the E by the Gulf of Saint Lawrence and Northumberland Strait, on the SE by Nova Scotia, on the S by the Bay of Fundy, and on the W by the state of Maine. The province is joined to Nova Scotia by the narrow Isthmus of Chignecto.

New Brunswick entered the Canadian Confederation on July 1, 1867, as one of the four original provinces. The province has traditionally had an economy based on the exploitation of its natural resources. Although forestry and mineral industries remain important, services and manufacturing are now the dominant sectors. The province is named for the British royal family of Brunswick-Lüneburg (the house of Hannover). New Brunswick is called the Loyalist Province.

NEW BRUNSWICK PROVINCE FACTS
JOINED THE CANADIAN CONFEDERATION: July 1, 1867, one of the four original provinces
CAPITAL: Fredericton
MOTTO: Spem reduxit (Hope was restored)
NICKNAME: Loyalist Province
FLORAL EMBLEM: Purple violet
POPULATION (2001 census): 729,498; 8th largest among the provinces
AREA: 73,440 sq km (28,355 sq mi), includes 1350 sq km (521 sq mi) of inland water: 8th largest among the provinces
COASTLINE: 2269 km (1410 mi)
HIGHEST POINT: Mt. Carleton, 820 m (2690 ft)
LOWEST POINT: Sea level, along the Atlantic coast
PRINCIPAL RIVERS: Miramichi, Restigouche, Saint Croix, Saint John
PRINCIPAL LAKES: Grand Lake, Magaguadavic, Oromocto
CANADIAN PARLIAMENT: 10 members of the Senate; 10 members of the House of Commons

LAND AND RESOURCES

New Brunswick, with an area of 73,440 sq km (28,355 sq mi), is the eighth largest province in Canada; approximately 2% of the land area is owned by the federal government. The province is roughly elliptical in shape, and its extreme dimensions are about 370 km (about 230 mi) from N to S and about 305 km (about 190 mi) from E to W. Elevations range from sea level to 820 m (2690 ft) atop Mt. Carleton. The province has a total shoreline of 2269 km (1410 mi).

Physical Geography.

Most of the prominent physical features of New Brunswick are aligned in a SW to NE direction. The Maritime Plain, a triangular region with its base along the Northumberland Strait, covers about one-third of the province. This region is flat to gently undulating and lies mostly below 152 m (500 ft) in elevation. It is underlain by sedimentary rocks and has soils built on relatively stone-free glacial deposits. The New Brunswick Highlands region extends from Chaleur Bay SW and then along the coast of the Bay of Fundy. This region is highest in the N, where the average elevation exceeds 610 m (2000 ft); the province’s highest peak, Mt. Carleton, is here. The area along the Bay of Fundy has elevations that range from about 305 to 425 m (about 1000 to 1400 ft). Much of the highland region is underlain by hard granitic rocks and has thin, stony soils. The lower Saint John R. cuts through this region, and its narrow lowlands contain fertile alluvial soils. To the NW lies the Chaleur Uplands, a plateaulike region with an average elevation of about 305 m (about 1000 ft) and soils similar to those of the New Brunswick Highlands. A small portion of the Notre Dame Mts. is in the extreme NW. This region has a more rugged terrain.

Rivers and Lakes.

The province’s major rivers and its many smaller streams radiate outward from the interior highlands. The most important river, the Saint John R., rises in Maine and flows SE to the Bay of Fundy. The extremely high tides of the Bay of Fundy flow upstream, causing the famous phenomenon known as the Reversing Falls of the Saint John R. Other major rivers include the Restigouche, which has headwaters in the Chaleur Uplands and empties into Chaleur Bay, and the Miramichi, which cuts across the Maritime Plain to its outlet on the Gulf of St. Lawrence. Many small lakes and a few larger ones occur in the glaciated upland regions. The largest natural lake is Grand Lake, which is only 2 m (7 ft) above sea level, even though it is more than 70 km (43 mi) from the open sea. Several reservoirs have been formed behind dams on the St. John R.

Climate.

The N half of New Brunswick has a distinctly continental climate, with cold winters and warm summers. The S half has a more moderate maritime climate, with milder winters and slightly cooler summers. The average annual temperature ranges from 2.8° C (37° F) in the N to 5° C (41° F) in the S. The recorded temperature has ranged from –47.2° C (–53° F) in 1955, at Sisson Dam in the NW, to 39.4° C (102.9° F) in 1935, at Nepisiguit Falls in the NE. The average annual precipitation ranges from 889 mm (35 in) in the N to 1143 mm (45 in) in the S. Precipitation is fairly evenly distributed throughout the year. Fog is common in the spring and early summer along the Bay of Fundy coast.

Plants and Animals.

Forests cover nearly 90% of the total land area of New Brunswick. The only unforested areas are the rocky glaciated highlands, the agricultural areas, and the boglands of the Maritime Plain. Most of the forestland contains both deciduous and coniferous trees. In the highland regions the principal species are sugar maple, yellow birch, hemlock, spruce, and pine. The Maritime Plain has a mixture dominated by red spruce, balsam fir, hemlock, pine, maple, and birch. Insect infestation, particularly by the spruce budworm, has resulted in substantial losses of commercial timber.

Wildlife in the forest regions is diverse. White-tailed deer, moose, and black bear are common. Furbearing animals such as the beaver, muskrat, mink, red fox, squirrel, chipmunk, and rabbit are also plentiful. Migratory birds, such as the blue heron, nest in the area in summer. Shorebirds include the gull, tern, cormorant, and puffin. The rivers, streams, and surrounding waters abound with fish. Among freshwater fish are trout, pike, bass, and Atlantic salmon.

Mineral Resources.

The most important mineral resources are found near Bathurst. Ores here contain zinc, lead, copper, cadmium, bismuth, gold, and silver. Gypsum is found near Havelock, and small coal deposits are located near Grand Lake. W.F.S., WILLIAM F. SUMMERS

POPULATION

According to the 2001 census, New Brunswick had 729,498 inhabitants, a decrease of 1.2% since the 1996 census, when New Brunswick registered 738,133 inhabitants. The overall population density in 2001 was about 10 people per sq km (26 per sq mi). English was the lone mother tongue of about 65% of the people; about 33% had French as their sole first language, a larger proportion than in any province other than Québec. About 12,500 American Indians lived in the province, more than half of them on reserves; other aboriginal groups included Métis (with a population of about 4000) and Inuit (about 200). A majority of the people belonged to the Roman Catholic church, which in 2001 had more than 380,000 members. New Brunswick had one of the least urbanized populations of any Canadian province; about 50.4% of the people lived in areas defined as urban and the rest lived in rural areas. The province’s only major cities are Saint John, Moncton, and Fredericton, the capital.

POPULATION OF NEW BRUNSWICK SINCE 1851
Year of
Census
Population Percentage of
Total Can. Pop.
1851 193,800 8.0%
1871 285,594 7.7%
1891 321,263 6.6%
1901 331,120 6.2%
1921 387,876 4.4%
1931 408,219 3.9%
1971 634,557 2.9%
1981 696,403 2.9%
1991 723,900 2.7%
1996 738,133 2.6%
2001 729,498 2.4%
POPULATION OF TEN LARGEST COMMUNITIES IN NEW BRUNSWICK
2001
Census
1996
Census
1991
Census
Saint John 69,661 72,494 74,969
Moncton 61,046 59,313 56,823
Fredericton 47,560 46,507 46,466
Miramichi 18,508 19,241 21,165
Edmundston 17,373 11,033 10,835
Riverview 17,010 16,684 16,370
Quispamsis* 13,757 8,839 8,446
Dieppe 14,951 12,497 10,650
Bathurst 12,924 13,815 14,409
Oromocto 8,843 9,194 9,325
*The Village of Gondola Point amalgamated with Quispamsis on Jan. 1, 1998.

EDUCATION AND CULTURAL ACTIVITY

New Brunswick has a strong cultural and educational heritage that reflects the influences of both its French- and English-speaking populations.

Education.

In 1816 the New Brunswick colonial legislature passed a law providing for the establishment of primary schools in all counties. The province’s modern public school system was established in 1871. In the early 1990s New Brunswick had 450 elementary and secondary schools with a combined annual enrollment of 141,650 students. There were few private schools. In the same period the province had 13 institutions of higher education, with about 22,450 students. Leading higher education institutions in New Brunswick include the University of New Brunswick (1785), at Fredericton, Canada’s oldest university; Mount Allison University (1840), at Sackville; and the French-language University of Moncton (1864).

Cultural Institutions.

Libraries, museums, and other cultural institutions are concentrated in Fredericton and Saint John. Major museums include the Beaverbrook Art Gallery (1959) and the Provincial Archives, both at Fredericton; the New Brunswick Museum (1842), with historical collections, at Saint John; and the Acadian Museum at the University of Moncton. Prominent libraries include the Harriet Irving Library (1790) of the University of New Brunswick at Fredericton, and the New Brunswick Museum Library, at Saint John. Also of note is the provincial legislative library, at Fredericton. Symphony New Brunswick is based in Saint John, and Theatre New Brunswick has its headquarters at the Playhouse in Fredericton. Acadian cultural activities are coordinated by Le Centre de Promotion et de Diffusion de la Culture, at Moncton.

Historical Sites.

Fort Beauséjour National Historic Site, E of Sackville, is the site of an 18th-century French fort. Remains of British defensive sites include the Carleton Martello Tower National Historical Site in Saint John and the Saint Andrews Blockhouse, dating from the early 19th century. At Saint John are several historic structures, including houses that were built by British Loyalists (see History below).

Sports and Recreation.

The scenic forests and rivers of New Brunswick furnish excellent opportunities for hunting, fishing, and boating. The province’s salmon streams are particularly well known. Winter sports are also popular.

Communications.

In the early 1990s New Brunswick was served by a comprehensive communications system, which included 12 commercial AM radio stations, 7 commercial FM radio stations, and 4 commercial television stations. The first radio station in the Atlantic provinces, CFNB, began broadcasting in Fredericton in 1923. In the early 1990s the province had four English-language daily newspapers and one French-language daily; their combined daily circulation was 148,100. New Brunswick’s first newspaper, the Royal Saint John Gazette and Nova Scotia Intelligencer, began publication in 1783. Today the leading papers are the Daily Gleaner, of Fredericton; the Telegraph-Journal, of Saint John; the Times-Transcript, of Moncton; and L’Acadie Nouvelle, of Caraquet.

GOVERNMENT AND POLITICS

New Brunswick has a parliamentary form of government.

Executive.

The lieutenant governor, the nominal head of government, is appointed, usually for a term of five years, by the federal government. Actual power is held by the premier, who typically leads the strongest party in the legislature. The premier selects executive council (cabinet) ministers from among the members of the legislature.

Legislature.

The unicameral Legislative Assembly of New Brunswick consists of 55 members popularly elected for a maximum of five years, subject to earlier dissolution.

Judiciary.

The highest court in the province, the court of appeal, consists of a chief justice and five other judges. The Court of Queen’s Bench includes a trial division, with a total of 20 judges, and a family division, with 8 judges. All superior and district court judges in New Brunswick are appointed for life by the federal government (that is, by the governor-general in council). Minor cases are tried in provincial courts, with judges who are appointed by the provincial government.

Local Government.

Since 1967 counties have been replaced by the provincial government as the principal agent of local administration. Incorporated areas include 6 cities, 27 towns, and 84 villages, all of which have elective clerks and councils.

National Representation.

New Brunswick is represented in the Parliament of Canada by ten senators, appointed for life by the federal government, and ten elected members of the House of Commons.

Politics.

In federal and provincial politics New Brunswick in the 20th century was controlled for about equal periods by the Liberal and Conservative (or Progressive Conservative) parties. Although independents have occasionally been elected to Parliament from New Brunswick, third parties have traditionally had little impact on either the federal or provincial level. An exception is the anti-bilingual Confederation of Regions party, which finished second to the Liberals and ahead of the Progressive Conservatives in the September 1991 elections. Weakened by infighting, the Confederation of Regions party won no seats in elections four years later, as the Liberals swept to a third consecutive victory. The Tories won by a landslide in the provincial elections of June 1999, but four years later they saw their majority shrink from 47 to 28 seats in the 55-member legislature. In the federal elections of June 2004, Liberals took 7 of New Brunswick’s 10 seats in the House of Commons.

ECONOMY

Like much of Canada and especially like the other Atlantic provinces, New Brunswick has had, since its earliest settlement, an economy that is closely tied to its natural resources. Forestry products (including manufactured items) have been New Brunswick’s economic mainstay throughout its history. Both fishing and agriculture have declined in significance. Since the discovery of extensive base metal ore deposits in the 1950s, mineral production has increased dramatically. With the growth of service industries and specialized manufacturing, the province has a wider employment base than ever before.

Agriculture.

Farming accounts for only about 1% of the annual gross domestic product in New Brunswick. The province has some 3250 farms, which have an average size of 116 ha (285 acres). Due to poor soils, poor drainage, and the general stoniness of the land, only 5% of the land is cultivated. The areas most suitable for agriculture are found in the St. John R. valley and along the coasts. Potatoes are the leading crop, generating more than one-half of the total crop income. Other crops include vegetables, greenhouse products, and apples. Beef and dairy cattle are raised in many areas.

Forestry.

Forestry accounts for more than 2% of the annual gross domestic product in New Brunswick. The province provides about 5% of Canada’s total timber cut; nearly three-fourths of this is used to produce pulp. Spruce and balsam fir are the main softwood varieties, and maple is the predominant hardwood.

Fishing.

The fishing industry accounts for less than 1% of the annual gross domestic product in New Brunswick. Herring is the main catch and usually makes up about two-thirds (by weight) of all species caught. Cod, lobster, oysters, and crab are next in importance. Also caught are flounder, sole, and shrimp.

Mining.

The mining industry accounts for 3% of the annual gross domestic product in New Brunswick. The leading minerals, in order of value, are zinc, lead, coal, copper, peat, and silver. Between one-eighth and one-sixth of Canada’s lead, zinc, and silver are produced here. Of national importance, though not of overriding commercial value, is the production of bismuth (93% of the total Canadian output, by value) and antimony. Peat production is also significant, amounting to nearly 30% of the national total.

Manufacturing.

Enterprises engaged in manufacturing account for 16% of the annual gross domestic product in New Brunswick and employ about 44,000 workers. Industrial activity is dominated by the processing of natural resources. The leading manufactures are dairy items, fish, meat, and other foods and beverages; paper, especially newsprint; and paper and wood products. Fabricated metal goods, printed materials, nonmetallic minerals, and chemicals are also important. The most prominent industrial center is Saint John. Other industrial centers of importance are Moncton and Fredericton.

Tourism.

In the early 1990s, about 1.4 million nonresidents visited the province annually; total spending by all travelers generated approximately Can. $575 million a year for the New Brunswick economy. Among the most popular tourist spots are Magnetic Hill, in Moncton, the Reversing Falls of the Saint John R., in Saint John, and the Flowerpot Rocks on the Bay of Fundy. In addition to New Brunswick’s two national parks, some 48 provincial parks and recreation areas allow for camping in nearly every part of the province.

Transportation.

New Brunswick is served by a network of some 20,620 km (some 12,815 mi) of roads and highways. In addition, 1097 km (682 mi) of mainline railroad tracks cross the province. Because it is on the mainland of North America, New Brunswick relies less on water transportation than do the other Atlantic provinces. Saint John, however, is a major seaport, and it is also the terminus of the two major national railroad systems. Ice free in the winter months, the port handles 90% of the province’s import and export traffic. Moncton has the busiest airport; Fredericton and Saint John also have major air terminals.

Energy.

Electricity-generating plants in New Brunswick have a total capacity of about 3.5 million kw and produce about 15.8 billion kwh of electricity each year. Of the four Atlantic provinces, New Brunswick has the only nuclear installation; nuclear energy accounts for about one-third of the electricity generated in the province, and hydropower supplies about 19%. New Brunswick sells substantial amounts of electricity to other provinces and to the U.S. The largest thermal plant is found at Coleson Cove, the biggest hydroelectric station at Mactaquac, and the lone nuclear installation at Point Lepreau, on the Bay of Fundy. A.H., ALFRED HECHT, M.A., Ph.D.

HISTORY

The French mariner Jacques Cartier visited the east coast of the region constituting present-day New Brunswick in 1534. He and other early explorers found two Indian tribes in the region, the Malecite and the Micmac.

In 1604 the French explorers Samuel de Champlain and Pierre du Guast, sieur de Monts, established the first French settlement on an island at the mouth of the Saint Croix River. The settlement was abandoned the next year, but after 1631, when the French constructed Fort La Tour on the site of modern Saint John, colonists moved into the coastal area along the Bay of Fundy. The New Brunswick region then formed part of the French province of Acadia. Warfare between the French and British flared intermittently between 1689 and 1763. Great Britain obtained possession of mainland Acadia in 1713 under the terms of the Peace of Utrecht, the agreement ending the War of the Spanish Succession, but the French insisted that New Brunswick was not included. In 1755 the British defeated French forces at Fort Beauséjour and extended effective British rule to New Brunswick. In the same year, when the British expelled the Acadians from Nova Scotia, some 500 of the deportees settled in New Brunswick, substantially augmenting its population. In 1762 the first British settlement in New Brunswick was established at Saint John. Many British Loyalists fled there from the American colonies during and after the American Revolution, and in 1784 New Brunswick, which had been administered as a part of Nova Scotia, became a separate colony.

Confederation.

After the Napoleonic Wars many British immigrants came to New Brunswick, and the colony entered a period of prosperity based on fishing, shipbuilding, and lumbering. New Brunswick joined with Nova Scotia and the United Province of Canada (which became Québec and Ontario), to form the Dominion of Canada under the terms of the British North America Act of 1867.

Railroad building followed confederation. The Intercolonial Railway (now the Canadian National Railway), linking New Brunswick and Nova Scotia with Montréal, was completed in 1876. The Canadian Pacific Railway line from Montréal to Moncton, by way of northern Maine, was finished before the close of the century. Other local lines were built, some before confederation.

Agriculture and the timber trade declined in the late 19th century. Contributory causes were the opening up of the western grain country, the industrialization of central Canada, and tariff restrictions that cut New Brunswick off from its natural trade channels to the U.S. and Europe. The long freight haul to the central Canadian markets inhibited trade in that direction.

The provincial economy slowly recovered during the 20th century. The introduction of the pulp and paper industry brought new life and a more stable character to lumbering. Agriculture gained greatly with the cultivation of potatoes for export. The fishing industry expanded, and methods of fishing were improved. New industries appeared, particularly those aimed at supplying provincial needs. The exploitation of hydroelectric resources, mining discoveries, and the general growth of Canada as a whole helped to improve economic conditions.

The 1960s and After.

Liberal Premier Louis J. Robichaud (1925–2005), an Acadian, took office in 1960 and carried forward a number of key reforms designed to provide equal opportunity to all citizens. His administration rationalized county and municipal government, expanded social and educational services, and established the official equality of the French and English languages. That last action was in recognition of the growth in the Acadian segment to about 39 percent of the population by 1961. Robichaud also pursued, often with federal assistance, a strategy of industrialization to create the jobs necessary to bring living standards up to the national average.

His Progressive Conservative party successor, Richard Bennett Hatfield (1931–91), premier from 1970 to 1987, continued Robichaud’s policies of development. The failure of some enterprises, notably a government-backed automobile manufacturing plant, a waning federal enthusiasm for subsidized development, a 5-year ban on commercial salmon fishing, and a slump in the lumbering industry slowed economic progress. At the same time, construction of a new container facility made Saint John the rival to Halifax as Canada’s year-round port in the east.

In the 1987 election the Liberals, led by Frank McKenna (1948– ), swept all 58 seats in the legislature. McKenna was a leading opponent of the Meech Lake accord (calling for the recognition of Québec as a “distinct society” within the Dominion); he later modified his stand to avoid alienating Québec. He won another majority in 1991, but the new Confederation of Regions party, which was critical of French power and social change, took eight seats. McKenna and the Liberals won for a third time in 1995, as the Progressive Conservatives returned to their official opposition role and the Confederation of Regions failed to win a single seat.

After McKenna retired in October 1997, Ray Frenette (1935– ) became interim premier. He was succeeded as premier and Liberal party leader in May 1998 by Camille Thériault (1955– ). A landslide Conservative win in June 1999 made Bernard Lord (1965– ) the youngest premier ever elected in the province; he led his party to a narrow victory over the resurgent Liberals four years later. A provincewide ban on smoking in indoor workplaces and nearly all enclosed public spaces took effect Oct. 1, 2004. Rev. by P.R., PAUL FREDERIC WILLIAM RUTHERFORD, M.A., Ph.D.

Note: An article from Funk & Wagnalls® New Encyclopedia.

History of Nova Scotia

History of Nova Scotia in Canada

History: Cradle of Canadian Parliamentary Government

In 1713, under the Treaty of Utrecht, France ceded Nova Scotia to England but kept Île Royale (Cape Breton Island) and Île Saint-Jean (Prince Edward Island). The following year, a small British garrison was established at Port-Royal, Nova Scotia, now renamed Annapolis Royal. The 2,000 Catholic, French-speaking Acadians living in the colony at the time agreed to swear an oath of allegiance containing a clause exempting them from bearing arms in the event of conflict with France. In the decades to come, despite every effort to attract them, very few colonists from New England settled in Nova Scotia, while the number of Acadians multiplied at a rapid rate. In the circumstances, the English authorities considered it imprudent to let the colony have a legislative assembly. Read more in the entry on the Nova Scotia.

Emigration

Following the War of the Austrian Succession (1744–1748), London finally decided to try to change the population makeup in Nova Scotia by encouraging emigration by non-English Protestants from Europe, mainly victims of religious wars there. Recruited mostly from Germany, but also from the Netherlands and Switzerland, about 2,600 such immigrants accompanied Colonel Edward Cornwallis, governor of Nova Scotia and founder of Halifax, when he sailed to Nova Scotia in 1749. That same year, Governor Cornwallis was given full authority to establish an elected assembly when he deemed it appropriate, but he delayed doing so indefinitely, as the colony was home to three to four times as many Acadians as Protestants.

In 1754, war broke out again between England and France. This time, the British demanded that the Acadians, who had previously remained neutral, take up arms. They refused. The British reaction was to deport them. In 1755, as their homes were burned down, about 7,000 Acadians were herded onto ships and dispersed among the Thirteen Colonies of New England and the West Indies; between 2,000 and 3,000 more met the same fate in the years that followed.

That same year, colonists from New England, particularly Massachusetts, began to settle on the land confiscated from the Acadians, while other immigrants arrived from the British Isles. Thus, on the eve of the American Revolution, Nova Scotia had about 20,000 inhabitants, nearly half of whom had come from New England, the rest being Acadians who had returned from exile or escaped deportation, or Irish, Scottish and English settlers.

The American Revolution changed the composition of Nova Scotia’s population considerably. Following the Treaty of Versailles (1783), which recognized the United States, Loyalists – people living in the United States who had remained loyal to the English Crown – fled north by the tens of thousands. An estimated 35,000 settled in Nova Scotia, more than doubling its population. This massive influx led to socio-political tensions that would last for years, but it also prompted the establishment of new Maritime colonies in 1784: New Brunswick and Cape Breton.

When the governor of Nova Scotia called the 1758 election, which would lead to the formation of the first legislative assembly in Canadian history, the population was still quite small and made up of fairly recent arrivals. The conditions for eligibility to vote, therefore, had to be more liberal than in England to yield a sufficient number of voters. With the support of his councillors, the governor declared that any Protestant age 21 or older who owned a freehold of any value could vote. In addition, however, prospective voters could be asked to swear the three oaths of state; this ensured that no Catholics would try to vote and disqualified Jews at the same time. As for women, their status was the same as that of English women. In 1759, however, the governor and his council decided to restrict the vote to freeholders owning property generating an annual revenue of 40 shillings, as in England.

The arrival of the Loyalists prompted a change in conditions of eligibility. In 1789, the legislative assembly rewrote the rules of the game. Freeholders still had to meet the criteria established in 1759, but the right to vote was extended to anyone who owned a dwelling with his land, regardless of its value; to anyone who owned at least 100 acres of land, whether farmed or not; and to anyone who occupied Crown land by virtue of an occupancy permit. Finally, the legislative assembly abolished religious discrimination in the eligibility criteria, enabling Catholics and Jews to vote. These new measures favoured urban landowners, fishermen and Loyalists, a good many of whom had only an occupancy permit.

Compared to the rules prevailing in the England of George III, those established by the Nova Scotia assembly were quite liberal – perhaps even a little too liberal. In 1797, the assembly reconsidered and tightened the rules once again. In future, those occupying Crown land by virtue of an occupancy permit would no longer have the vote, nor would freeholders who had not formally registered their property at least six months before an election; owners of 100 acres of land or more would no longer have the vote unless they were farming at least five acres of it.

It was not until 1839 that the assembly changed the rules again. It upheld the right to vote of freeholders owning property generating an annual revenue of 40 shillings but withdrew it from owners of 100 acres of land and those who owned a dwelling with their land. However, property owners who met the same conditions as freeholders could now vote. In addition, mortgagors and co-owners were now eligible to vote, as were tenants, if they owned an interest in real property that earned them at least 40 shillings annually.

Twelve years later, in 1851, Nova Scotia took the significant step of detaching the right to vote from land ownership. The assembly declared that anyone age 21 or older who had paid taxes (in any amount) in the year preceding an election could vote. In ridings where taxes were not yet collected, only freeholders with property yielding 40 shillings a year could vote. The same law stipulated, however, that no woman could vote even if she met the legal requirements regarding taxes or property. The assembly added this clause because, during an election held in 1840, a candidate in Annapolis County had tried to get some 30 women who had the necessary qualifications to vote, common law notwithstanding.

In 1854, Nova Scotia became the first colony in British North America to adopt universal male suffrage – and it would be the only one to do so before Confederation. That year, the assembly adopted a law to the effect that British subjects age 21 or older who had lived in the colony at least five years could vote. It kept the rule allowing freeholders with property generating a minimum annual revenue of 40 shillings to vote; this enabled a number of immigrants of British origin to vote even though they had not lived in the colony for five years. Like the electoral law of 1851, the 1854 act contained a restrictive clause stating that “Indians”[1] and people receiving financial assistance from the government could not vote.

Further change, more conservative this time, came a decade later: the elimination of universal suffrage and a return to more restrictive rules. In 1863, Nova Scotia limited the right to vote to British subjects at least 21 years old who owned property assessed at $150 or more, or personal and real property assessed at $300 or more. The number of eligible British subjects was expected to increase, however, at least in theory, as immigrants now had to live in the colony for only a year to be declared British subjects. [2]

Source: “A History of the Vote in Canada” (Ottawa, Office of the Chief Electoral Officer of Canada, 2007)

Resources

See Also

  • Elections
  • Vote

Notes

  1. The Aboriginal peoples known today as First Nations were referred to then as “Indians” in both federal and provincial law.We use that term here only for historical accuracy and to avoid confusion in discussing the legal provisions governing the franchise.
  2. Such were the rules that defined the Nova Scotia electorate in August and September of 1867, when the first Canadian federal election was held.

Judiciary

The Judiciary in Canada

All members of the judiciary in Canada, regardless of the court, are drawn from the legal profession. In the case of those judges appointed by the federal government, which includes the judges of all of the courts apart from those at the bottom of the hierarchy and described generally as provincial courts, are required by federal statute to have been a member of a provincial or territorial bar for at least ten years. Lawyers wishing to become judges must apply to do so and their applications are vetted initially by committees established within the various jurisdictions for that purpose, with the ultimate power of decision residing with the federal cabinet. Analogous systems operate within the respective provinces for appointments to the provincial courts.

All judges in Canada are subject to mandatory retirement. In the case of some of the judges appointed by the federal government, the age of retirement is fixed by the Constitution Act, 1867, at 75. In the case of all other judges, both federally and provincially appointed, the age is fixed by statute, at either 75 or 70, depending on the court.

The independence of the judiciary in Canada is guaranteed both explicitly and implicitly by different parts of the Constitution of Canada. This independence is understood to consist in security of tenure, security of financial remuneration and institutional administrative independence.