Collection search - GOVERNMENT OF THE PROVINCE OF NEWFOUNDLAND VS. GOVERNMENT & ATTORNEY GENERAL OF CANADA, ANGLO-NEWFOUNDLAND DEVELOPMENT CO., AND INTERNATIONAL WOODWORKERS OF AMERICA...

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GOVERNMENT OF THE PROVINCE OF NEWFOUNDLAND VS. GOVERNMENT & ATTORNEY GENERAL OF CANADA, ANGLO-NEWFOUNDLAND DEVELOPMENT CO., AND INTERNATIONAL WOODWORKERS OF AMERICA...

Hierarchical level:

File (Accession level)

Date:

1959/03/16-1968/07/06

Reference:

RG13, Box number: 116, Microfilm reel number: T-17393, File number: HQDOJ-9-184913, File part: POC 1

File no. (creator):

HQDOJ-9-184913

BAN no.:

2000-01084-9

Type of material:

Textual material

Found in:

Archives / Collections and Fonds

Item ID number:

4498816

Context of this record:

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Legal opinion files of the Department of Justice

GOVERNMENT OF THE PROVINCE OF NEWFOUNDLAND VS. GOVERNMENT & ATTORNEY GENERAL OF CANADA, ANGLO-NEWFOUNDLAND DEVELOPMENT CO., AND INTERNATIONAL WOODWORKERS OF AMERICA...
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Record information – Details

Date(s):

1959/03/16-1968/07/06

Place of creation:

Canada

Language of material:

English

Finding aid no.:

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13-53

Additional information:

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General note:

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[rest of title] ACTION BROUGHT BY THE PROVINCE OF NFLD. IN THE FEDERAL COURT OF CANADA ALLEGING BREACH BY CANADA OF A 1957 POLICING AGREEMENT IN RELATION TO A REQUEST BY THE ATTORNEY GENERAL OF NFLD. FOR ADDITIONAL RCMP REINFORCEMENTS IN SUPPORT OF AN EMERGENCY RESULTING FROM THE WOODWORKERS STRIKE & LABOUR DISPUTE IN MARCH 1959 BETWEEN THE COMPANIES. REQUEST WAS REFUSED BY THE ATTORNEY GENERAL OF CANADA WHO PURPORTED TO EXERCISE HIS DISCRETION AS TO WHETHER IN HIS OPINION THE INCREASE WAS POSSIBLE, HAVING REGARD TO OTHER RESPONSIBILITIES & DUTIES OF THE FORCE. RESIGNATION BY THE RCMP COMMISSIONER FOLLOWING THE DECISION OF THE ATT. GEN. OF CANADA. APPEAL BY THE GOVT. OF CANADA AGAINST THE GOVT. OF NFLD. IN THE SUPREME COURT OF CANADA FROM INTERLOCUTORY JUDGMENT OF THE EXECHEQUER COURT. LEGAL PRINCIPLES & ISSUES: EXERCISE OF DISCRETIONARY POWER BY THE ATTORNEY GENERAL - DISCRETION EXERCISED BY ONE OF THE PARTIES AS A CONDITION PRECEDENT REVIEW OF THE CASES OF MINISTERS' DISCRETION UNDER THE CRIMINAL CODE. RIGHT OF A PUBLIC OFFICER TO ACT FOR THE CROWN. ORIGIN OF THE IDEA OF NEGATIVE EXCEPTION, PLEADING TO CONDITION PRECEDENT OR WHERE IT IS INVOLVED. STATUTORY HISTORY OF S30 OF RSC 1952, C98 OF THE EXCHEQUER COURT ACT REGARDING JURISDICTION OF THE COURT. DETERMINATION AS TO THE PRODUCTION OR DISCLOSURE OF DOCUMENTS BY THE CROWN. EXCHEQUER COURT ACT RSC 1952, C98, S2(a), S17, S18, S19 S29(c), S30, S40, S82(1), S87(1); EXCHEQUER COURT OF CANADA GENERAL RULES & ORDERS - RULE 17, RULE 100, RULE 177; NEWFOUNDLAND FEDERAL COURTS JURISDICTION ACT SN 1954, (APPENDIX B), # 13; SUPREME COURT ACT RSC 1952, C259, S38, S42, S44; ROYAL CANADIAN MOUNTED POLICE (RCMP) ACT RSC 1952, S241, S5; NEWFOUNDLAND AGREEMENT FOR POLICING THE PROVINCE ACT RSN 1952, C29, S2; PETITION OF RIGHT ACT RSC 1952, C210; CRIMINAL CODE S489(2); INTERPRETATION ACT RSC 1952, C158, S24, S31(l) & (k) & (m); BRITISH NORTH AMERICA (BNA) ACT 1867, S62, S63, S131, S134

Container note(s):

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T-17393 : Copy No. 1

Source:

Government

Related control no.:

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2000-01084-9
95/030
R188
RG13

Former archival reference no.:

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RG13
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Textual records

[Consultation32 Restricted by law]

Box [2000-01084-9]

[Consultation 32 Restricted by law]

116 File Part POC 1

[Consultation 32 Restricted by law]

Microfilm reel [2000-01084-9] T-17393

[Consultation 32 Restricted by law]

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