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103-493: The constitutionally provided mandate of a separate school jurisdiction and of a separate school is to provide education in a school setting that the separate school board considers reflective of Roman Catholic (or, rarely, Protestant ) theology, doctrine, and practices. This mandate can manifest itself in the Program of Studies and the curriculum , exercises and practices, and staffing. The limits of this mandate are determined by

206-602: A country is recognized as de jure , it is an acknowledgment by the other de jure nations that the country has sovereignty and the right to exist. However, it is often at the discretion of each nation whether to co-operate or participate. If a nation does agree to participate in activities of the supranational bodies and accept decisions, the nation is giving up its sovereign authority and thereby allocating power to these bodies. Insofar as these bodies or nominated individuals may resolve disputes through judicial or quasi-judicial means, or promote treaty obligations in

309-578: A complex ratio, the ( Presbyterian ) Church of Scotland . These reserves created many difficulties in later years, making economic development difficult and creating resentment against the Anglican church, the Family Compact , and the Château Clique , although it did eventually lead to the growth of an Ottawa neighbourhood known as The Glebe . The act was problematic for both English and French speakers;

412-827: A crime, as well as cases of alleged child abuse or neglect; serious crimes committed by 16 or 17 year old persons may be referred to the District Courts. Seven judges in the Appeals Court hear most criminal appeals from District Courts, all appeals from juvenile court and all domestic/divorce cases from District Court, as well as some cases transferred to them by the Supreme Court. The Supreme Court seats five judges who hear appeals on first-degree felonies (the most serious) including capital crimes, as well as all civil cases from District Court (excepting divorce/domestic cases). The Supreme Court also oversees cases involving interpretation of

515-762: A foreign king, that of France, than to Britain. The first French colony to fall to the British was Acadia on the Atlantic coast in 1713 (invaded in 1710). Here the problem of dealing with a French Catholic community was solved through the simple but brutal method of expulsion. The Expulsion of the Acadians of 1755 saw some 12,000 Acadians killed and/or forcibly resettled to the Thirteen Colonies, Louisiana, France, England, etc. Some later returned, but their land and villages had been given away to Anglo-Protestant settlers. However,

618-466: A legislative assembly. The Constitutional Act attempted to create an established church by forming the clergy reserves , that is, grants of land reserved for the support of the ( Protestant ) Church of England . Income from the lease or sale of these reserves, which constituted one-seventh of the territory of Upper and Lower Canada, from 1791 went exclusively to the Church of England and, from 1824 on in

721-533: A lower appellate court) has heard the matter. For example, in United States federal courts , the United States district courts have original jurisdiction over a number of different matters (as mentioned above), and the United States court of appeals have appellate jurisdiction over matters appealed from the district courts. The U.S. Supreme Court, in turn, has appellate jurisdiction (of a discretionary nature) over

824-414: A matter is brought before the courts in a way amounting to an abuse of process, a court recognising its jurisdiction is obliged to exercise it. But as Australia is a federal country, no court is vested with an unrestricted jurisdiction. Therefore, the rules of jurisdiction are used to determine the ambit of those restrictions upon the courts. This idea of restrictions on jurisdiction is well illustrated by

927-551: A medium of instruction. In New Brunswick under the Parish Schools Act of 1858, there was only loose supervision from the central board of education, and in practice each school was run independently by its board of trustees, and most schools boards were dominated by partisans from one religion or another. Textbooks were not standardized; Protestant-majority regions used the textbooks of the Irish National Schools while

1030-512: A member nation if that member nation asserts its sovereignty and withdraws from the union. The standard treaties and conventions leave the issue of implementation to each nation, i.e. there is no general rule in international law that treaties have direct effect in municipal law , but some nations, by virtue of their membership of supranational bodies, allow the direct incorporation of rights or enact legislation to honor their international commitments. Hence, citizens in those nations can invoke

1133-419: A person. There is no hierarchy when it comes to any of the principles. States must therefore work together to solve issues of who may exercise their jurisdiction when it comes to issues of multiple principles being allowed. The principles are Territorial Principle, Nationality Principle, Passive Personality Principle, Protective Principle, Universality Principle Territorial principle : This principle states that

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1236-571: A prejudicial impact upon the State. It is especially used when it comes to matters of national security. Universality principle : This is the broadest of all the principles. The basis is that a State has the right, sometimes even the obligation, to exercise jurisdiction when it comes to the most serious violations of international criminal law; for example genocide , crimes against humanity , extrajudicial executions , war crimes , torture , and forced disappearances . This principle also goes further than

1339-533: A province (Lower Canada) which the French considered to be their own, separate from English-speaking Upper Canada. The disjuncture between this French-Canadian ideal of Lower Canada as a distinct, national homeland and the reality of continued Anglo-Canadian political and economic dominance of the province after 1791 led to discontent and a desire for reform among intellectual segments of the French and English of Lower Canada. The frustration of French and English Patriots over

1442-485: A regional level, groups of nations can create political and legal bodies with sometimes complicated patchworks of overlapping provisions detailing the jurisdictional relationships between the member states and providing for some degree of harmonization between their national legislative and judicial functions, for example, the European Union and African Union both have the potential to become federated nations although

1545-672: A separate school system. When France's colonies in North America were conquered by Britain during the 18th century, British authorities were faced with the dilemma of ruling over a large Roman Catholic community. This was significant, as Catholic-Protestant violence in England and Ireland had been nearly constant since the beginning of the English Reformation . Since the Glorious Revolution of 1688, however, Protestantism had been

1648-630: A state and citizens of another state, lawsuits involving citizens of different states, and against foreign states and citizens. Certain courts, particularly the United States Supreme Court and most state supreme courts , have discretionary jurisdiction , meaning that they can choose which cases to hear from among all the cases presented on appeal. Such courts generally only choose to hear cases that would settle important and controversial points of law. Though these courts have discretion to deny cases they otherwise could adjudicate, no court has

1751-452: Is a clear and well-known process for determining the wishes of the members of the minority faith. In Alberta, for example, the geographic basis for separate school establishment is the underlying public school district. At any time, three or more residents, either Protestant or Roman Catholic, who believe that they are members of the minority faith locally, can initiate the process. A census must be conducted to confirm that they are, in fact,

1854-685: Is a matter of exclusive provincial jurisdiction. The relevant provision for Ontario is s. 93(1) of the Constitution Act, 1867 as originally enacted. For Alberta and Saskatchewan, the relevant provision is s. 93(1), as amended by the Alberta Act and the Saskatchewan Act , respectively. As held by the Supreme Court of Canada in Adler v. Ontario , the provincial education power under section 93 of

1957-505: Is created by the states’ constitutions and is further delineated by legislation passed by their respective parliaments. In the Constitution of Queensland 2001 (QLD), it is written at s58(1) that the Supreme Court of the state has all jurisdiction necessary for the administration of justice in Queensland . That is the extent of its jurisdiction. In New South Wales , the courts’ jurisdiction

2060-425: Is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction . In U.S. federal courts, courts must consider subject matter jurisdiction sua sponte and therefore recognize their own lack of jurisdiction even if neither party has raised

2163-509: Is not exclusive to the Australian federal court system, parties involved in international disputes will already be familiar with that concept. However, the threshold for intra-Australia transfer is notably lower than that pertaining to international transfer . The word "jurisdiction" is also used, especially in informal writing, to refer to a state or political subdivision generally, or to its government, rather than to its legal authority. In

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2266-553: Is not mentioned in the constitution. Instead, the state’s legislature is empowered to make laws for the peace, welfare, and good governance of New South Wales. Amongst these laws, it is stated in section 23 of the Supreme Court Act 1970 (NSW) that the Supreme Court shall have all jurisdiction necessary for the administration of justice in NSW. In Victoria , that same power is conferred by section 85(1) of its constitution. In summary,

2369-583: Is similar to the Nationality Principle, except you are exercising jurisdiction against a foreign national that has committed a criminal act against its own national. The idea is that a State has a duty to protect its nationals and therefore if someone harms their nationals that State has the right to prosecute the accused. Protective principle : This principle allows States to exercise jurisdiction when it comes to foreign nationals for acts committed outside their territory that have or are intended to have

2472-438: Is the legal term for the legal authority granted to a legal entity to enact justice . In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state , and federal). Jurisdiction draws its substance from international law , conflict of laws , constitutional law , and the powers of the executive and legislative branches of government to allocate resources to best serve

2575-412: Is the minority faith population compared to the other in a community, can consider the establishment of separate school education. The separate school establishment right is not available to citizens of any other faith (such as Orthodox Christians , Jews , Mormons , Muslims , Hindus or Sikhs ). In addition, the minority faith must establish that they wish to leave the public school system and create

2678-525: Is useful to determine what questions a court may answer in examining a matter before it. Original jurisdiction permits courts to answer all questions of law and fact when a matter is brought before them for the first time (for practical reasons, courts hearing appeals from administrative bodies will also exercise original jurisdiction, this does not subvert the rule). Appellate jurisdiction is corrective in nature. There, courts examine how lower previous decision-makers answered questions of law, whether an error

2781-455: The Constitution Act, 1867 is plenary , and is not subject to Charter attack. As Iacobucci J. noted, it is the product of a historical compromise crucial to Confederation and forms a comprehensive code with respect to denominational school rights which cannot be enlarged through the operation of s. 2(a) of the Charter . It does not represent a guarantee of fundamental freedoms . Section 93 of

2884-510: The Constitution Act, 1867 only applies to provinces, not territories. Instead, the right to separate schools is protected in the three territories by the federal Acts of Parliament which establish those three territories. The Northwest Territories Act , the Yukon Act and the Nunavut Act all provide that the territorial legislatures can legislate with respect to education, provided they respect

2987-590: The European Union member states except Denmark accepted Council Regulation (EC) 44/2001 , which makes major changes to the Brussels Convention and is directly effective in the member nations. Council Regulation (EC) 44/2001 now also applies as between the rest of the EU Member States and Denmark due to an agreement reached between the European Community and Denmark. In some legal areas, at least,

3090-674: The French Canadians and the Roman Catholic church in Quebec felt they might be overshadowed by Loyalist settlements and increased rights for Protestants, while the new English-speaking settlers felt the French still had too much power. However, both groups preferred the act and the institutions it created to the Quebec Act which it replaced. The act is often seen as a watershed in the development of French Canadian nationalism as it provided for

3193-1082: The International Covenant on Civil and Political Rights . The Committee restated its concerns on November 2, 2005, when it published its Concluding Observations regarding Canada's fifth periodic report under the Covenant. The Committee observed that Canada had failed to "adopt steps in order to eliminate discrimination on the basis of religion in the funding of schools in Ontario." Opposition to publicly funded separate schools continues in all three provinces where it remains, but most notably in Ontario, where court cases (see Reva Landau ) and long-standing, organized opposition groups (OneSchoolSystem.org and Civil Rights in Public Education) continue to actively seek to end or limit public funding for Catholic schools. Jurisdiction Jurisdiction (from Latin juris 'law' + dictio 'speech' or 'declaration')

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3296-451: The Necessary and Proper Clause in areas beyond those specifically conferred on Congress ( Missouri v. Holland , 252 U.S. 416 (1920)). This concerns the relationships both between courts in different jurisdictions , and between courts within the same jurisdiction. The usual legal doctrine under which questions of jurisdiction are decided is termed forum non conveniens . To deal with

3399-573: The Penetanguishene Protestant Separate School Board . In Ontario, this determination was largely made throughout the province by the time of Confederation. The public school system in the province was historically Protestant but was gradually transformed into a secular public system. Prayer in public schools was banned in the late 1980s by a decision of the Ontario Court of Appeal. Since the 19th century, funding for

3502-404: The United States —such subunits will exercise jurisdiction through the court systems as defined by the executives and legislatures. When the jurisdictions of government entities overlap one another—for example between a state and the federation to which it belongs—their jurisdiction is a shared or concurrent jurisdiction. Otherwise, one government entity will have exclusive jurisdiction over

3605-537: The World Trade Organization (WTO) that have socially and economically significant dispute resolution functions but, again, even though their jurisdiction may be invoked to hear the cases, the power to enforce their decisions is at the will of the nations affected, save that the WTO is permitted to allow retaliatory action by successful nations against those nations found to be in breach of international trade law . At

3708-551: The clergy reserves remained in force. The remaining provisions of the act were repealed over time, with final repeal in 1966. The act reformed the government of the Province of Quebec (1763-1791) to accommodate, amongst other Loyalists, the 10,000 United Empire Loyalists who had arrived from the United States following the American Revolution . The Province of Quebec, with a population of 145,000 French-speaking Canadiens ,

3811-769: The federal government and a state, actions by a state against the citizens of another state or foreign country. As a practical example of court jurisdiction, as of 2013 Utah has five types of courts, each for different legal matters and different physical territories. One-hundred-and-eight judges oversee Justice Courts, which handle traffic and parking citations, misdemeanor crimes, and most small claims cases. Seventy-one judges preside over District Courts, which deal with civil cases exceeding small claims limits, probate law, felony criminal cases, divorce and child custody cases, some small claims, and appeals from Justice Courts. Twenty-eight judges handle Juvenile Court, which oversees most people under 18 years old who are accused of

3914-742: The member nations of the EEC signed the Brussels Convention in 1968 and, subject to amendments as new nations joined, it represents the default law for all twenty-seven Member States of what is now termed the European Union on the relationships between the courts in the different countries. In addition, the Lugano Convention (1988) binds the European Union and the European Free Trade Association . In effect from 1 March 2002, all

4017-563: The stannary courts that dealt with disputes involving the tin miners of Cornwall . The original royal charters of the American colonies included broad grants of franchise jurisdiction along with other governmental powers to corporations or individuals, as did the charters for many other colonial companies such as the British East India Company and British South Africa Company . Analogous jurisdiction existed in medieval times on

4120-675: The (largely French-speaking) Roman Catholic population in Canada and the Protestant majority. The issue was a subject of debate at the 1864 Quebec Conference and was finally resolved at the London Conference of 1866 with a proposal to preserve the separate school systems in Quebec and Ontario . The way in which this agreement was written into the British North America Act , 1867 was to

4223-570: The Courts of Appeals, as well as the state supreme courts, by means of writ of certiorari . However, in a special class of cases, the U.S. Supreme Court has the power to exercise original jurisdiction. Under 28 U.S.C.   § 1251 , the Supreme court has original and exclusive jurisdiction over controversies between two or more states, and original (but non-exclusive) jurisdiction over cases involving officials of foreign states, controversies between

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4326-707: The District Court in Provo, Utah . If both the minor traffic offense and the felony arrests resulted in guilty verdicts, the traffic conviction could be appealed to the District Court in Provo, while the second-degree felony appeal would be heard by the Appeals Court in Salt Lake City and the first-degree felony appeal would be heard by the Supreme Court. Similarly for civil matters, a small claims case arising in Orem would probably be heard in

4429-677: The English-speaking Catholic areas used the books of the Irish Christian Brothers . The few Acadian schools used French-language textbooks from Canada East (Lower Canada). These pre-existing rights for tax-funded minority faith schools were then part of the constitutional negotiations surrounding Canadian Confederation in the 1860s. At the Confederation conferences, Roman Catholic Archbishop Connolly of Halifax argued for separate Catholic and Protestant school systems across

4532-549: The European Continent. Over the course of the 19th and 20th centuries, franchise jurisdictions were largely eliminated. Several formerly important franchise courts were not officially abolished until Courts Act of 1971 . Constitutional Act of 1791 [REDACTED] Canada portal The Constitutional Act 1791 ( French : Acte constitutionnel de 1791 ) was an Act of the Parliament of Great Britain which

4635-602: The ICJ only nations may be parties in cases before the Court and, under Article 36, the jurisdiction comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force. But, to invoke the jurisdiction in any given case, all the parties have to accept the prospective judgment as binding. This reduces

4738-579: The Most Christian King in Canada, may retire with all safety and freedom wherever they shall think proper... This guarantee was later threatened on several occasions by assimilationist legislation such as the Royal Proclamation of 1763 , but this was largely reversed by the Quebec Act of 1774. After the American Revolution , the new colony was flooded with Anglo-Protestant refugees. The colony

4841-784: The Orem Justice Court, while a divorce filed by an Orem resident would be heard by the District Court in Provo. The above examples apply only to cases of Utah state law; any case under Federal jurisdiction would be handled by a different court system. All Federal cases arising in Utah are under the jurisdiction of the United States District Court for the District of Utah , headquartered in Salt Lake City, Utah , and would be heard in one of three Federal courthouses. In Australia, unless

4944-479: The Roman Catholic separate school system was provided up to Grade 10 under the British North America (BNA) Act . In 1984, the government of Premier William Davis extended full funding to include the last three (Grades 11–13 ( OAC )) years of Roman Catholic secondary schools after having rejected that proposal fifteen years earlier. The first funded academic year occurred in 1985–86, as grade 11, and one grade

5047-568: The State where the crime has been committed may exercise jurisdiction. This is one of the most straightforward and least controversial of the principles. This is also the only principle that is territorial in nature; all other forms are extraterritorial. Nationality principle (also known as the Active Personality Principle): This principle is based around a person's nationality and allows States to exercise jurisdiction when it comes to their nationality, both within and outside

5150-712: The State's territory. Seeing as the territoriality principle already gives the State the right to exercise jurisdiction, this principle is primarily used as a justification for prosecuting crimes committed abroad by a States nationals. There is a growing trend to allow States to also apply this principle to permanent residents abroad as well (for example: Denmark Criminal Code (2005), sec 7; Finland Criminal Code (2015), sec 6; Iceland Criminal Code (2014), art 5; Latvia Criminal Code (2013), sec 4; Netherlands Criminal Code (2019), art 7; Norway Criminal Code (2005), sec 12; Swedish Criminal Code (1999), sec 2; Lithuania Criminal Code (2015), art 5). Passive Personality Principle : This principle

5253-560: The Town of St. Paul ( Glen Avon Protestant Separate School District ). One anomaly of the system is that the Town of Morinville has only a public Catholic high school (part of the Greater St. Albert Catholic Regional Division ), and no secular or Protestant high schools of any kind. In Alberta and Saskatchewan, there continues to be large areas of the province where separate school education has never been established. In these two provinces, there

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5356-532: The U.S. are a prime example of jurisdictional dilemmas caused by different states under a federal alignment. When parents and children are in different states, there is the possibility of different state court orders over-ruling each other. The U.S. solved this problem by adopting the Uniform Child Custody Jurisdiction and Enforcement Act . The act established criteria for determining which state has primary jurisdiction, which allows courts to defer

5459-526: The United States and customary international law to be a part of the "Supreme Law of the Land" (along with the Constitution itself and acts of Congress passed pursuant to it) (U.S. Const.art. VI Cl. 2) As such, the law of the land is binding on the federal government as well as on state and local governments. According to the Supreme Court of the United States , the treaty power authorizes Congress to legislate under

5562-507: The act was finally repealed for the purposes of British law in 1966. The act did not originally have a short title, but by custom, it became known as the Constitutional Act, 1791 in Canada. The British Parliament gave it a short title in 1896: Clergy Endowments (Canada) Act 1791 . This title was based on the fact that the provisions relating to clergy endowments were the only part of the act still in force at that time. The short title

5665-479: The application of the Canadian Charter of Rights and Freedoms , and judicial decisions. The different experience in Ontario as compared to Alberta and Saskatchewan is principally the result of the same constitutional provisions having effect on settlement at different stages in Canadian history. The Constitution of Canada does not establish separate school education as a natural or unconditional right available to all. Only Protestants or Roman Catholics, whichever

5768-463: The benefit of maintaining legal entities with jurisdiction over a wide range of matters of significance to nations (the ICJ should not be confused with the ICC and this version of "universal jurisdiction" is not the same as that enacted in the War Crimes Law (Belgium) , which is an assertion of extraterritorial jurisdiction that will fail to gain implementation in any other state under the standard provisions of public policy ). Under Article 34 Statute of

5871-419: The children of all faiths under one system. He became Chief Superintendent of Education for Upper Canada in 1844. However, Ryerson was not able to convince the Catholic minority and grudgingly agreed to clauses in his education reforms that allowed for minority-faith schools within the publicly funded system. The Catholic case was strengthened by the fact that the Protestant minority in Lower Canada had already won

5974-440: The difference in competence between federal and state courts. Federal courts are the High Court of Australia , the Federal Court of Australia , the Family Court of Australia , and other subsidiaries. Federal courts exercise federal jurisdiction - the judicial powers granted to the federal government by the constitution of Australia. The extent of that jurisdiction is outlined in both the Constitution and legislation enacted by

6077-411: The difficult question of how to co-ordinate their activities with those of national courts. If the two sets of bodies do not have concurrent jurisdiction but, as in the case of the International Criminal Court (ICC), the relationship is expressly based on the principle of complementarity , i.e., the international court is subsidiary or complementary to national courts, the difficulty is avoided. But if

6180-400: The discretion to hear a case that falls outside of its subject matter jurisdiction. It is also necessary to distinguish between original jurisdiction and appellate jurisdiction . A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff , while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction (or

6283-442: The effect that the condition of education in each colony (or territory) at the time it entered Confederation would be continued thereafter. Consequently, the provinces of British Columbia , New Brunswick , Nova Scotia , and Prince Edward Island have never had an education system that included "separate schools". Up until 1997 the Quebec education system was also separated, with Protestant and Catholic school boards. The system

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6386-477: The election and the issue was not raised again in the subsequent election. In Alberta and Saskatchewan, the extent of separate school education is more limited, and Protestant separate schools are slightly more present. For example, in Alberta, about 40% of the land area of the province is included in separate school jurisdictions and there are two Protestant Separate School Districts, in the City of St. Albert ( St. Albert Protestant Separate School District ) and in

6489-437: The entire federation, administered by the central government. This was forcefully rejected by French Canadian delegates from Canada East, who demanded provincial control over education. The compromise was section 93 of the Constitution Act, 1867 which allows the federal government to intervene only to protect minority schools which are established after Confederation. Apart from that caveat, section 93 provides that education

6592-479: The era were almost entirely parochial schools controlled by the various churches. Only when government mandated standardization and public funding for education were introduced did this then become a political issue. By the time of Confederation in 1867, the majority of Catholics in Upper Canada were of Irish extraction as well as English speaking. In the 1840s Methodist minister and Reformist politician Egerton Ryerson championed "common schools" that would educate

6695-425: The federal parliament. For example, section 73(ii) of the Constitution empowers the High Court to hear appeals from the supreme court of any state, and from other courts exercising federal jurisdiction. Likewise, section 39B(1A)(c) of the Judiciary Act 1903 (Cth) empowers the Federal Court of Australia to hear any matter arising under laws enacted by the federal parliament. Similarly, the jurisdiction of state courts

6798-412: The hearing of a case if an appropriate administrative agency determines so. The primary distinctions between areas of jurisdiction are codified at the federal level. In the United States' common law system, jurisdiction is conceptually divided between jurisdiction over the subject matter of a case and personal jurisdiction over the parties to the case. A court whose subject matter jurisdiction

6901-437: The history of English common law, a jurisdiction could be held as a form of property (or more precisely an incorporeal hereditament ) called a franchise . Traditional franchise jurisdictions of various powers were held by municipal corporations , religious houses , guilds , early universities , the Welsh Marches , and counties palatine . Types of franchise courts included courts baron , courts leet , merchant courts , and

7004-447: The interests of justice, the second court is a more appropriate place to litigate. In assessing the interests of justice in any particular matter, the court will have regard to the interests of the parties. The mere existence of criteria to transfer matters over to different courts nonetheless means that parties have an interest in commencing proceedings in the most convenient jurisdiction to them. The advantage conferred onto first movers

7107-467: The issue of forum shopping , nations are urged to adopt more positive rules on conflict of laws. The Hague Conference and other international bodies have made recommendations on jurisdictional matters, but litigants with the encouragement of lawyers on a contingent fee continue to shop for forums. Under international law there are different principles that are recognized to establish a state's ability to exercise criminal jurisdiction when it comes to

7210-442: The jurisdiction claimed is concurrent or, as in the case of International Criminal Tribunal for the former Yugoslavia (ICTY), the international tribunal is to prevail over national courts, the problems are more difficult to resolve politically. The idea of universal jurisdiction is fundamental to the operation of global organizations such as the United Nations and the International Court of Justice (ICJ), which jointly assert

7313-400: The jurisdiction of local courts to enforce rights granted under international law wherever there is incorporation. If there is no direct effect or legislation, there are two theories to justify the courts incorporating international into municipal law: In the United States, the Supremacy Clause of the United States Constitution makes all treaties that have been ratified under the authority of

7416-523: The jurisdiction of the courts of each state extends (at a basic level) to matters occurring within their state. Meanwhile, the jurisdiction of the Federal Court of Australia is over matters arising under federal law. The jurisdiction of the High Court is to hear appeals from states’ Supreme Courts, the Federal Court, and over matters prescribed in the Constitution of Australia. That approach to jurisdiction

7519-664: The latter province in the 1890s prompted a national crisis known as the Manitoba Schools Question , and led to Pope Leo XIII 's papal encyclical Affari Vos . Separate school rights have often been criticized as contrary to the spirit of official multiculturalism , primarily, but not exclusively, because only adherents of the Protestant or Roman Catholic faith have these constitutional rights and only in some provinces and territories. In addition, where separate school systems exist, employees or prospective employees who are of

7622-513: The liberty of the Catholick religion to the inhabitants of Canada: he will, in consequence, give the most precise and most effectual orders, that his new Roman Catholic subjects may profess the worship of their religion according to the rites of the Romish church, as far as the laws of Great Britain permit. His Britannick Majesty farther agrees, that the French inhabitants, or others who had been subjects of

7725-416: The majority of the minority vote in favour of establishment, the establishment becomes a fact. If the majority of the minority vote against establishment, it does not proceed. The process is civil, democratic, and binding on the minority of the minority. A decision at the meeting against establishment precludes a number of the minority faith who may have favoured establishment from continuing for themselves. (At

7828-654: The matter. A court whose subject matter is not limited to certain types of controversy is referred to as a court of general jurisdiction . In the U.S. states , each state has courts of general jurisdiction; most states also have some courts of limited jurisdiction. Federal courts (those operated by the federal government ) are all courts of limited jurisdiction. Federal jurisdiction is divided into federal question jurisdiction and diversity jurisdiction . The United States district courts may hear only cases arising under federal law and treaties, cases involving ambassadors, admiralty cases, controversies between states or between

7931-497: The minority faith have more employment opportunities. (All other things being equal, a member of the minority faith can be employed by either the public board or by the separate board, while anyone else can be excluded from employment by the separate system.) On November 5, 1999, the United Nations Human Rights Committee condemned Canada and Ontario for having violated the equality provisions (Article 26) of

8034-406: The minority faith locally. When the census confirms minority status, a meeting must be widely advertised. The purpose of meeting is to provide a venue at which all of the local members of the minority faith can debate the pros and cons of leaving the public school jurisdiction and creating a separate school district. At the end of the meeting, a vote may be held on the question of establishment. If

8137-548: The nature of Lower Canadian political and economic life in the province fuelled the Lower Canada Rebellion of 1837–38. Most of the Constitutional Act, 1791 was repealed by the Union Act, 1840 , which merged Lower Canada and Upper Canada into the new Province of Canada . The provisions which were not repealed at that time mainly related to the clergy reserves. The remaining provisions were amended from time to time, and

8240-487: The nature of laws, the power ceded to these bodies cumulatively represents its own jurisdiction. But no matter how powerful each body may appear to be, the extent to which any of their judgments may be enforced, or proposed treaties and conventions may become, or remain, effective within the territorial boundaries of each nation is a political matter under the sovereign control each nation. The fact that international organizations, courts and tribunals have been created raises

8343-532: The needs of society . Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter . These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The Lotus case establishes two key rules to

8446-612: The official religion of the British state as evidenced by the Act of Settlement 1701 which forbade Catholics to become monarch. This was the beginning of a long period of anti-Catholic laws and policies in the British Empire , most famously expressed through the Irish "Penal" Laws . In the case of the New World French there was also the fear that the new population was potentially more loyal to

8549-415: The other principles as there is attached to it the obligation to either prosecute the accused or extradite them to a State that will, known as aut dedere aut judicare . At a supranational level, countries have adopted a range of treaty and convention obligations to relate the right of individual litigants to invoke the jurisdiction of national courts and to enforce the judgments obtained. For example,

8652-560: The political barriers to such unification in the face of entrenched nationalism will be very difficult to overcome. Each such group may form transnational institutions with declared legislative or judicial powers. For example, in Europe, the European Court of Justice has been given jurisdiction as the ultimate appellate court to the member states on issues of European law. This jurisdiction is entrenched, and its authority could only be denied by

8755-563: The prescription and enforcement of jurisdiction. The case outlines that jurisdiction is territorial and that a state may not exercise its jurisdiction in the territory of another state unless there is a rule that permits this. On that same note, states enjoy a wide measure of discretion to prescribe jurisdiction over persons, property and acts within their own territory unless there was a rule that prohibits this. Supranational organizations provide mechanisms whereby disputes between nations may be resolved through arbitration or mediation . When

8858-565: The privileges accorded to the Roman Catholic Church . The legislative Council for the Affairs of the Province of Quebec , with its subset Executive Council cabinet, was continued and reinforced by the establishment of freeholder -elected legislative assemblies. These elected assemblies led to a form of representative government in both colonies; the Province of Quebec had not previously had

8961-416: The public school system except by leaving the minority faith. In Saskatchewan and Ontario, members of the minority faith may choose to be supporters of the public school system, notwithstanding their faith. Retention of separate school boards with public funding was a major issue of contention in the negotiations that led to Canadian confederation , chiefly as a result of ethnic and religious tension between

9064-524: The reciprocal enforcement of foreign judgments is now more straightforward. At a national level, the traditional rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area. Many nations are subdivided into states or provinces (i.e. a subnational "state" ). In a federation —as can be found in Australia , Brazil , India , Mexico , and

9167-501: The right of religious minorities (whether Protestant or Roman Catholic) to establish separate schools. School boards funded by the province consist of 29 English Catholic and 8 French Catholic boards, as well as 35 non-denominational public school boards (31 English public, 4 French public). There is one Protestant separate school jurisdiction in Ontario, the Burkevale Protestant Separate School , operated by

9270-674: The right to a separate system. The institutionalization of separate schools in Canada West (Upper Canada before 1840) was secured by the Scott Act of 1863, but with the caveat that rural Catholic schools could only serve an area with a radius of 3 miles (4.8 km). In the Maritime provinces, similar issues were at play. In 1864, the government of Nova Scotia reformed its system of education, withdrawing support from all schools which were religious or which used any language other than English as

9373-469: The risk of wasting the Court's time. Despite the safeguards built into the constitutions of most of these organizations, courts and tribunals, the concept of universal jurisdiction is controversial among those nations which prefer unilateral to multilateral solutions through the use of executive or military authority, sometimes described as realpolitik -based diplomacy. Within other international contexts, there are intergovernmental organizations such as

9476-488: The same time, any decision against establishment has no term: proponents can begin almost immediately to organize a subsequent effort.) In Alberta, wherever a separate school system exists, individuals who are of the minority faith that established the separate school system must be residents, electors, and ratepayers of the separate school system (the Schmidt decision ). There is no way by which they could opt to be supporters of

9579-433: The schooling for children of many members of so-called "mainstream" Protestant denominations. All of these schools received grants from the provincial government for their operation. Ownership of the schools ranged from parochial (owned and operated directly by a church) to ownership and operation by a separate not-for-profit society. The constitutional obligation on the province to maintain this system of confessional schools

9682-443: The shared area. When jurisdiction is concurrent, one government entity may have supreme jurisdiction over the other entity if their laws conflict. If the executive or legislative powers within the jurisdiction are not restricted, or have only limited restrictions, these government branches have plenary power such as a national policing power . Otherwise, an enabling act grants only limited or enumerated powers. Child custody cases in

9785-453: The state Constitution, election matters, judicial conduct, and alleged misconduct by lawyers. This example shows how matters arising in the same physical territory might be seen in different courts. A minor traffic infraction originating in Orem, Utah is handled by the Orem Justice Court. However, a second-degree felony arrest and a first-degree felony arrest in Orem would be under the jurisdiction of

9888-437: The trigger for expulsion was about the fear that Acadians would side with France during the " French and Indian War " (1754–1760/1763). When the much larger colony of Canada fell in 1763 ( Quebec City invaded in 1759, Montreal in 1760), deportation was seen as less practical. Instead British officials promised to allow French Canadians to keep their religion and customs: His Britannick Majesty, on his side, agrees to grant

9991-474: Was added in each of the next two years. The right to have a publicly funded separate denominational school system continues to be guaranteed to Roman Catholics in Ontario by s. 93 of the Constitution Act, 1867 . The issue of extending public funding to other religious schools was raised by the Progressive Conservative Party of Ontario in the 2007 Ontario general election ; however they lost

10094-514: Was divided in two when the act took effect on 26 December 1791. The largely unpopulated western half became Upper Canada (now southern Ontario ) and the eastern half became Lower Canada (now southern Quebec ). The names Upper and Lower Canada were given according to their location along the St. Lawrence River . Upper Canada received English law and institutions, while Lower Canada retained French civil law and institutions, including feudal land tenure and

10197-598: Was eliminated by the Constitution Amendment, 1998 (Newfoundland Act) , following a provincial referendum in 1997. The province then established a single non-denominational public school system. The question of separate schools has been most controversial in Ontario and Manitoba . In the former, the issue of separate schools aggravated tensions between anglophones and francophones , both Protestant and Catholic . The ending of public support for separate schools in

10300-458: Was made in that process, as well as whether and how that error ought to be rectified. Their job is to correct errors made in answering the said questions - essentially, to correct errors of law. The jurisdiction of Supreme Courts of states and territories may be vested in each other in special circumstances, the federal jurisdiction may also be vested in them. Technicalities aside, the scheme compels courts to transfer matters to another court if, in

10403-402: Was passed during the reign of George III . The act divided the old Province of Quebec into Lower Canada and Upper Canada , each with its own parliament and government. It repealed the Quebec Act 1774 . The act remained in force until 1841, when it was largely repealed by the Union Act, 1840 , which reunited the two provinces into the new Province of Canada . Some provisions relating to

10506-611: Was replaced by a linguistically based secular school system, after the passage of a constitutional amendment The province of Newfoundland and Labrador had a separate school system until 1997. At the time that the Dominion of Newfoundland joined Canada on March 31, 1949, the Newfoundland schools were all organized on a confessional basis with separate denominational schools for Roman Catholics , Seventh-day Adventists , Salvationists , Pentecostals , and an integrated stream which oversaw

10609-623: Was then divided by Constitutional Act of 1791 , with the Anglican Church becoming the established religion in Upper Canada (now Ontario) while Lower Canada remained legally secular but dominated by the Catholic church. Inevitably, some people ended up on the "wrong" side of this division, with a French Catholic minority in Upper Canada and an Anglo-Protestant minority in Lower Canada. Schools of

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