Search - convention

European Convention for the Protection of Human Rights and Fundamental Freedoms, 213 U.N.T.S. 222, Art. 5(3).   ... Article 5(3) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, 213 U.N.T.S. 222, provides, in the English version, that "everyone arrested or detained... shall be entitled to trial within a reasonable time or to release pending trial". Like the Charter  , the French version of the convention expresses this right by means of the word " jugée ", which in Wemhoff the European Court interpreted as referring to the termination of the trial. ...

Tax Convention provides: Notwithstanding the provisions of Articles III and IV, profits which a resident of one of the territories derives from operating ships or aircraft shall be exempt from tax in the other territory. ... That neither Section 10(1) (c) of the Income Tax Act nor Article V of the Tax Convention exempts earnings of the appellant from managing or agency or stevedoring services which it renders in Canada to other corporations: 2. ... Tax Convention, I do not rely upon the translation of the Convention, which appears as a Schedule to the French text of the Statutes of Canada 1946, c. 38. ...

Article II(2) of the Convention provides that undefined terms in the Convention shall take the meaning which they have in the laws in force in the contracting countries. ... Article II (2) In the application of the provisions of this Convention by one of the contracting States any term not otherwise defined in this Convention shall, unless the context otherwise requires, have the meaning which it has under the laws in force in the territory of that State relating to the taxes which are the subject of this Convention. ... Paragraph 214(15)(a) of the Income Tax Act deeming them to be interest is inconsistent with the Convention and, by virtue of section 3 of the Act that makes the Convention part of Canada’s domestic law, paragraph 214(15)(a) cannot apply to guarantee fees subject to the Convention. ...

Cumming J. also held that there is no constitutional convention protecting the design of the public education system in Ontario and that, even if there was, a constitutional convention cannot be used to invalidate express legislation.  ... This conflict between convention and law which prevents the courts from enforcing conventions also prevents conventions from crystallizing into laws, unless it be by statutory adoption.   ... For all of these reasons, the constitutional convention argument fails.   ...

Tax Convention as defined in Section 6(a) of the Protocol. The appeals are therefore dismissed with costs. ...

Refugee Convention” and substituting therefor the discretion of the Immigration Appeal Board. ... (United Nations Convention relating to the Status of Refugees HCR/INF/29/Rev. 2, Chapter 1, Article 1, paragraph A(2).) ... Consequently, the fact that the Immigration Appeal Board Act refers to the United Nations Convention Relating to the Status of Refugees does not have the effect of incorporating into Canadian domestic law the prohibition contained in that Convention against deporting refugees. ...

Although it may be necessary in connection with other matters to consider in the future the judgment of the Judicial Committee in The Labour Conventions Case 3, so far as the point under discussion is concerned it is there put in the same sense by Lord Atkin. ...

It was, it noted, a convention.  The enforcement of conventions lies in the political, not the legal field.  ... This Court recognized the primacy of the balance between federal and provincial powers in Reference re Resolution to Amend the Constitution, [1981] 1 S.C.R. 753, where the Court held that a substantial measure of provincial consent was required by convention before the Canadian Constitution could be amended.  The majority held that the reason for the convention was the federal principle (at pp. 905-6):                      The federal principle cannot be reconciled with a state of affairs where the modification of provincial legislative powers could be obtained by the unilateral action of the federal authorities.   ...

The document identified the following as the bases for the exercise:   (1) the need to bring the provisions of the law into concordance with new telecommunications technology; (2) the need for all telecommunications service providers to ensure that the technical capability in their facilities permits lawful access by law enforcement and national security agencies; and (3) the need for Canada to adopt statutory measures that will permit ratification of the Council of Europe Convention on Cyber-Crime [CETS No. 185, Article 18(1), requiring participating countries to legislate the availability of production orders]   (Government of Canada, Lawful Access — Consultation Document, August 25, 2002, at p. 6)   This document generated more than 300 submissions (Canada, Department of Justice, News Release: “Lawful Access Consultation Submission Summary Report Available on Department of Justice Website”, August 6, 2003) ...

Convention Between Canada and the Kingdom of the Netherlands for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, S.C. 1986, c. 48, Sch.  ...