Canadas Supreme Law Overview

Summary

The supreme law of Canada is the Constitution, including the Constitution Act, 1867, and the Constitution Act, 1982, with the Canadian Charter of Rights and Freedoms. Key legal doctrines include the rule of law, parliamentary sovereignty, judicial independence, federalism, and rights protection. Cessation proceedings involve terminating refugee protection, initiated by CBSA or IRCC, with hearings by the IRB. Key jurisprudence includes landmark cases like R. V. Oakes and R. V. Morgentaler. Cessation jurisprudence addresses refugee protection termination, with notable cases like Canada v. Vavilov and Kanthasamy v. Canada.

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What are key legal doctrines in canada
Key legal doctrines in Canada include:
- Rule of Law: Everyone is subject to the law.
- Parliamentary Sovereignty: Parliament can make or repeal any law.
- Judicial Independence: Courts are independent of other branches of government.
- Federalism: Division of powers between federal and provincial governments.
- Protection of Rights: Through the Canadian Charter of Rights and Freedoms.
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Key elements a cessation proceeding
A cessation proceeding involves terminating a person's refugee protection status in Canada. Key elements include:
- Initiation: CBSA or IRCC initiates the proceeding.
- Grounds: Fraud, reavailment of protection, or obtaining protection from another country.
- Hearing: Conducted by the Immigration and Refugee Board (IRB).
- Decision: IRB decides if protection should be ceased.
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What are key jurisprudence
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Key jurisprudence in Canada includes landmark decisions that have shaped the interpretation and application of the law. Some notable cases are:
- R. v. Oakes (*): Defined the test for justifying limitations on Charter rights.
- R. v. Morgentaler (*): Addressed abortion laws and women's rights.
- Reference Re Secession of Quebec (*): Clarified principles of federalism and democracy.
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Cessation jurisprudence
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Cessation jurisprudence involves legal precedents related to the termination of refugee protection status. Key cases in this area often address issues such as reavailment of protection, fraud, and obtaining protection from another country.
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Tell me the key cases
Case Rating: *
Key cases in cessation jurisprudence regarding refugee protection in Canada include:
- Canada (Minister of Citizenship and Immigration) v. Vavilov (*): Clarified the standard of review for administrative decisions.
- Kanthasamy v. Canada (Minister of Citizenship and Immigration) (*): Addressed the best interests of the child in humanitarian and compassionate considerations.
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