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R.....................5
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| In the first place, it is The Quebec Act, R .S.C., , Appendix II, No. that | 38 |
| Constitution Act, , Item ) R .S.C., , Appendix II, No. . () | 46 |
| Common Law () R .G.D. at . | 742 |
| Green v. Russell QB , at , All E. R . (CA); Tobin Tractor | 770 |
| Personal Property, rd Edition (Toronto, ON: R .M. Willes Chitty) ; Sands v. Standard Ins. | 864 |
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RADICALLY.............1
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| radically different but taken together express the whole of the legislative norm. | 98 |
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RAISES................1
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| common law terminology. This raises the issue of marking harmonization changes to indicate | 398 |
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RAISONS...............1
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| Ajouter ici brièvement les autres raisons citées dans la lettre de la ministre | 902 |
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RAYNER................7
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| A.H. Oosterhoff W.B. Rayner , Anger and Honsberger Law of Real Property, Vol. , | 742 |
| Bastarache Boudreau Ouellet, supra note , at ; Oosterhoff Rayner , supra note | 752 |
| Bastarache Boudreau Ouellet, supra note , at ; Oosterhoff Rayner , supra note | 754 |
| Oosterhoff Rayner , supra note , at . | 760 |
| Oosterhoff Rayner , supra note , at . | 760 |
| Oosterhoff Rayner , supra note , at . | 762 |
| Oosterhoff Rayner , supra note , at . | 764 |
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RC....................1
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| http:canada.justice.gc.caendept rc index.html. | 978 |
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RD....................2
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| Bruce Ziff, Principles of Property Law, rd ed. (Scarborough, ON: Carswell, ), . | 750 |
| Personal Property, rd Edition (Toronto, ON: R.M. Willes Chitty) ; Sands v. Standard Ins. | 864 |
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|
READERS...............1
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| drafters, policy makers, tax administrators and all readers of bijural tax enactments. These rules | 662 |
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READILY...............2
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| It can readily be seen from these remarks that three types of problems are of concern in the | 344 |
| preferable to use more neutral terms and concepts that apply readily to both legal traditions or, | 388 |
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READS.................2
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| law with respect to property rights. The section reads as follows: | 482 |
| drafting techniques designed to reflect Canadian bijuralism in federal legislation. It reads | 554 |
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REAFFIRMED............1
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| maintains. The latter distinction was reaffirmed in Canson Enterprises Ltd. v. | 182 |
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REALITY...............3
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| Plainly, the former reality , in which the English text represents the common law and the French | 102 |
| text represents the Civil Code, not only ignored the reality of a vibrant civil law culture in English | 104 |
| Myth or Reality ?, in The Harmonization of Federal Legislation with the Civil Law of the | 684 |
| |
|
REASONS...............3
|
| lexicon in federal legislation was not desirable for several reasons . The legislature has | 406 |
| legislation. All these reasons led the Department of Justice, after consulting various experts, to | 478 |
| equity reasons . | 648 |
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RECEIVES..............1
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| to that effect. The property in such cases passes to the heir or the legatee who receives the | 788 |
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RECENTLY..............3
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| Canadian provinces. This interpretive approach was recently approved by the Supreme Court | 568 |
| have been completed and others are in progress. The first reports, most of which have recently | 604 |
| Four other reports were recently completed and are published hereafter in this Journal. | 612 |
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|
RECOGNITION...........3
|
| one argued for the recognition of the complementary nature of provincial private law in matters | 502 |
| and opened the door to the recognition of bijuralism with respect to federal legislation. | 504 |
| A new debate ensued from this recognition : does provincial private law complete only federal | 504 |
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RECOGNIZE.............2
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| Section . of the Interpretation Act has two inseparable objectives: to recognize Canadian | 480 |
| recognize diversity should not, however, inhibit the need for coherence and the need to reduce | 986 |
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RECOGNIZED............4
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| , which recognized that in matters of property and civil rights (private law), the civil law | 16 |
| formally recognized in any statutory provision. The same is true of the principle of | 474 |
| Both the common law and the civil law are equally authoritative and recognized sources of the | 484 |
| be denied that the lessees interest was closely attached to the land and the courts recognized | 822 |
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RECOGNIZES............3
|
| formally recognizes that it is imperative that the four Canadian legal audiences (Francophone | 70 |
| is owned by the Crown who grants rights and interests: it recognizes no absolute ownership of | 216 |
| land and instead recognizes estates or interests in land (theory of the bundle of rights). | 216 |
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|
RECOGNIZING...........1
|
| What is the significance of recognizing the duality of our legal traditions in federal legislation? | 58 |
| |
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RECONCILE.............2
|
| legal traditions. Aside from the need to reconcile linguistic differences that may exist between | 62 |
| the French and English versions of legislation, there is a further requirement to reconcile the | 62 |
| |
|
RECONSIDERED..........1
|
| This interpretative approach must now be reconsidered following the adoption of the principle | 648 |
| |
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RECORDS...............7
|
| alternative, it was decided to create bijural terminology records , an administrative tool to | 414 |
| Affairs, the Department of Justice made these bijural terminology records available. | 418 |
| These bijural records briefly explain the harmonization problems found in the legislative | 418 |
| Amendments Act, and describe the solutions adopted. These records identify civil | 420 |
| law and common law terminology in both official languages. The bijural terminology records | 422 |
| of the bijural terminology records has already been demonstrated by the Supreme Court of | 424 |
| Canada in the Schreiber case. The Court relied on these records to confirm that the | 424 |
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|
REDRAFTING............2
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| provinces. The redrafting of certain federal enactments being one of the harmonization tools | 562 |
| chosen, section . was added so that the redrafting process does not give rise to any ambiguity | 562 |
| |
|
REDUCE................1
|
| recognize diversity should not, however, inhibit the need for coherence and the need to reduce | 986 |
| |
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REDUCED...............1
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| was charged with second-degree murder and pleaded guilty to a reduced charge of | 510 |
| |
|
REFER.................5
|
| refer either expressly or by implication to the civil law for its implementation. | 52 |
| federal definitions or specific federal rules are provided, they often refer , in varying degrees, to | 152 |
| civil law when they refer to provincial private law rules and concepts. This revision is similar in | 324 |
| interpreting an enactment it is necessary to refer to a provinces rules, principles or concepts | 486 |
| The expression common law provinces is used to refer to all Canadian provinces except | 674 |
| |
|
REFERENCE.............6
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| self-contained. Others, however, can only be fully understood and comprehended if reference | 126 |
| executor: before these amendments, reference was made solely to the concept of | 442 |
| joint ownership: adjustments were made to certain provisions in which reference was made | 450 |
| forming part of the law of property and civil rights, reference must be made to the rules, | 486 |
| that once it is public law any reference to a private law concept must be interpreted in light of | 540 |
| case) or relies upon provincial private law to complete it, then reference is to be made to | 550 |
| |
|
REFERENCES............2
|
| and rules for the civil law environment. Other examples of unijuralisms include references to | 350 |
| and concepts the legislator avoids, in whole or in part, references to and potential differences in | 378 |
| |
|
REFERRING.............2
|
| correct terminology is used when referring to them. Professor Nicholas Kasirer, while | 82 |
| or immovables will have to read the provision as referring to the concept of hypothec or | 566 |
| |
|
REFERS................6
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| Most of Canadas private law is provincial. Therefore, where federal legislation refers to | 132 |
| neutral term co-ownership copropriété was used which refers to all forms of co-ownership | 454 |
| I do not think there can be any doubt that this part of the Act, which refers to succession | 538 |
| no avoiding the fact that a federal statute, albeit one characterized as public law, that refers to a | 544 |
| In keeping with this decision, one will first need to determine if the federal legislation refers to a | 546 |
| Noakes v. Rice, AC , , L.J. Ch. , . Lord Halsbury refers to Lord | 858 |
| |
|
REFLECT...............3
|
| terminology that is used in federal legislation must be updated to reflect the reform of the Civil | 360 |
| drafting techniques designed to reflect Canadian bijuralism in federal legislation. It reads | 554 |
| legislation which relies upon complementary provincial law reflect Canadas bijural and bilingual | 584 |
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|
REFLECTION............1
|
| common law interpretation as a better reflection of Parliaments intent. | 338 |
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|
REFLECTS..............1
|
| wording that accurately reflects the vocabulary, concepts, norms and institutions of Quebecs | 342 |
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|
REFORM................4
|
| known between and the reform of the Civil Code in , was the subject of many | 262 |
| result of the reform of the Civil Code of Québec in . The Civil Code underwent a major | 358 |
| terminology that is used in federal legislation must be updated to reflect the reform of the Civil | 360 |
| executor. Since the reform of the Civil Code, this term is obsolete, having been replaced with | 442 |
| |
|
REGARD................4
|
| French civil law as it existed prior to with its subsequent alterations in Quebec in regard to | 40 |
| same time with its subsequent alterations in Quebec and in Canada in regard to anything | 42 |
| with regard to the goal pursued. | 564 |
| having regard exclusively to common law concepts and terminology and that their interpretation | 632 |