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Lecture

PLBA 304 Week 1

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Department
Paralegal Studies
Course
PLBA 304
Professor
Bernard Aron
Semester
Fall

Description
rd Sept. 3 , 2013 Court and Government OfficeAdministration- Week 1 ConstitutionAct, 1867-1982 : division of legislative powers, : Canada = Federal v.s. United Kingdom = Unitary State Sec 91 (Federal) Sec 92 (Provincial) - banking - provincial sales tax - bankruptcy - family property ∕ Under Family - trade and commerce - spousal support ∕ Law Act : international trade and interprovincial trade - health Taxation – direct - education --indirect -“property and civil rights” :income tax : real estate (contract rights) : HST 13% - national defence - criminal law summary conviction up to 6 months imprisonment - airports DivorceAct : 1 year separation on cruelty or Adultery POGG Power -Telecommunications Sec 95 : agriculture and immigration ∕ Shared : concurrent jurisdiction ∕ Jurisdiction Page 1 rd Sept. 3 , 2013  however if federal government enacts legislation, then province is excluded or has secondary role eg. Immigration and RefugeeAct Supreme Court of Canada : umpire of the country and keeps each government within its powers, : if exceeded power, than legislation is unconstitutional Federal Government Provincial Government - Department of Justice - OntarioAttorney General : Tax law services (First Canadian : CourtAdministration and Small Claims Court → municipality Branch (7 students) Place) ↓ - Prosecutor, City of Toronto : POA Tax Court of Canada : Informed procedure → $25, 000 or less : Paralegals have status to represent clients Plaintiffs claim → Defendants $25, 000 Deffendants claim →Plaintiff $ 50, 000 - 30, 000 = $20, 000 Reduced to $ 25, 000 to be the jurisdiction of court. : Judgement for $5, 000 Provincial Court System Divisional Court $50, 000 or less Court ofAppeal › $50, 000 ↑ ↑ Ontario Superior Court of Justice Page 2 rd Sept. 3 , 2013 - divorce : over $25,000 - criminal : no upper limit Indictable - pleadings - mediation - Discovery ↑ Small Claims Court $25, 000 Federal Court ofAppeal Federal Court ↑ ↑Tax Court : trial court : informal procedure - $25,000 : Federal matters : General procedure › $25,000 eg. shipping and navigation : intellectual property ↑ Appeal −−−−−−−− Judicial Review ‖ Federal Tribunal eg. Immigration cases Federal Court : has exclusive jurisdiction Page 3 Sept. 3 , 2013 Eg. appeal from federal board : jurisdiction granted by statute eg. Crown liability and Proceedings Act and Federal CourtsAct Crown : referring to the executive branch of government : prime minister or premier : civil servants working eg. negligent - Constitutional Monarchy - Queen is the head of Canada and her representatives – Governor General -- Lieutenant- governor - if you are suing the Federal Government (executive branch) your suing Her Majesty the Queen in Right of Canada (Defendant) -if you are suing the Provincial Government your suing Her Majesty the Queen in Right of Ontario - Crown is divisible among the governments Her majesty the Queen in Right of Ontario Her majesty the Queen in Right of Canada + Minister of National Revenue + Civil Servant : Represented by the Ministry of the attorney :immunity from liability general :represented by the department of justice Aspects of the “Crown” 1. Divisible among governments 2. Compromising the executive branch of government : prime minister + minister
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