The Supreme Court of Canada as a Bilingual and Bicultural Institution PDF Download

Author: Peter H. Russell
Publisher:
ISBN:
Category : Biculturalism
Languages : en
Pages : 308

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Author: Peter H. Russell
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Author: Donald R. Songer
Publisher: University of Toronto Press
ISBN: 1442692243
Category : Law
Languages : en
Pages : 305

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In the last half-century, the Supreme Court of Canada has undergone major upheaval. The most drastic change occurred with the adoption of the Charter of Rights in 1982, which substantially increased the Court's role in resolving controversial political and social issues. The Transformation of the Supreme Court of Canada examines the impact of institutional changes on the proceedings and decisions of the Court from 1970 to 2003. The first book on the Supreme Court to incorporate extensive in-depth interviews with former justices, this study provides both insiders' accounts of how decisions are made and an empirical analysis of more than 3,000 Court decisions. Drawing on this extensive commentary and statistical data, Donald R. Songer demonstrates that the Court has remained a politically moderate and democratic institution despite its considerable power and influence. The most comprehensive account of its kind to date, The Transformation of the Supreme Court of Canada makes a significant contribution to the literature and will be of particular interest to scholars and students of judicial behaviour and comparative law.

Author: Supreme Court of Canada
Publisher: Dundurn
ISBN: 1770700951
Category : Law
Languages : en
Pages : 225

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A commemoration of two significant dates, The Supreme Court of Canada and its Justices is also a colourful portrait and an indispensable reference book. A bilingual co-publication of Dundurn Press and the Supreme Court of Canada, the book contains biographies, with portraits or photographs, of every Justice appointed to the Court since its inception. The Supreme Court of Canada and its Justices also features a preface by Chief Justice Beverley McLachlin and a history of the Court by former Chief Justice Antonio Lamer. A succession list and a selected bibliography are included for researchers. A key section of the book deals with the Court’s distinguished building, which was designed by renowned architect Ernest Cormier. Written by Professor Isabelle Gournay of the University of Maryland and France Vanlaethem of the Universite du Quebec a Montreal, this section is illustrated with Cormier’s own watercolours and drawings, as well as current photographs. The Supreme Court of Canada and its Justices is a fitting commemoration of the Supreme Court’s 125 years and its fiftieth year as the court of last resort in Canada.

Author: Natalie Amar
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 132

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Author: Keyvan Sayar
Publisher: Lulu.com
ISBN: 1291633553
Category : Law
Languages : en
Pages : 252

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According to Canadian poet Frank Oliver Call, the soul of Canada is a dual personality, and must remain only half revealed to those who know only one language . With each of Canada's official languages comes indeed a mindset, a culture, a legacy. In addition to quebecois bijuralism, the federal/provincial division of powers, Nunavut's unique Aboriginal legal order and the influence of the United States, language, a too-often overlooked element, plays an essential role in shaping Canadian law. In a globalized world where cultures meet and legal systems blend, virtually all regional and global institutions created since the twentieth century have been faced with the challenge of producing multilingual rules acceptable and workable for all their members. Despite its flaws and paradoxes, the Canadian legal system is a fascinating example of legislating and administering justice in a truly multicultural society.

Author: Jonathan Swainger
Publisher: UBC Press
ISBN: 0774841990
Category : History
Languages : en
Pages : 178

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The federal Department of Justice was established by John A. Macdonald as part of the Conservative party's program for reform of the parliamentary system following Confederation. Among other things, it was charged with establishing national institutions such as the Supreme Court and the North West Mounted Police and with centralizing the penitentiary system. In the process, the department took on a position of primary importance in post-Confederation politics. This was particularly so up to 1878, when Confederation was "completed." Jonathan Swainger considers the growth and development of the ostensibly apolitical Department of Justice in the eleven years after the union of 1867. Drawing on legal records and other archival documents, he details the complex interactions between law and politics, exploring how expectations both inside and outside the legal system created an environment in which the department acted as an advisor to the government. He concludes by considering the post-1878 legacy of the department's approach to governance, wherein any problem, legal or otherwise, was made amenable to politicized solutions. Unfortunately for the department and the federal government, this left them ill-prepared for the constitutional battles to come. One crucial task was to establish responsibilities within the federal government, rather than just duplicate offices which had existed prior to union. Others were the establishment of national or quasi- national institutions such as the Supreme Court (1875) and the North-West Mounted Police (1873), the redrafting of the Governor-General's instructions (which was done between 1875 and 1877), and centralization of the penitentiary system (completed by 1875). The Department benefited from a deeply rooted expectation that law was both apolitical and necessary. This ideology functioned in a variety of ways: it gave the Department considerable latitude for setting policy and solving problems, but rationalized the appearance of politicized legal decisions. It also legitimized Department officials' claim that it was especially suited to review all legislation, advise on the royal prerogative of mercy, administer national penitentiaries, and appoint judges to the bench. Ultimately, the fictional notion of law as apolitical and necessary placed the Department of Justice squarely in the midst of the completion of Confederation. The Canadian Department of Justice and the Completion of Confederation will be of particular interest to students and scholars of Canadian legal and political history.

Author: Carissima Mathen
Publisher: UBC Press
ISBN: 0774864303
Category : Law
Languages : en
Pages : 281

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The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. Following the Prime Minister's announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, in March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and constitutional law when it released the Reference re Supreme Court Act, ss 5 and 6. With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.

Author: Peter H. Russell
Publisher: University of Toronto Press
ISBN: 0802037771
Category : Political Science
Languages : en
Pages : 377

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The first and second editions of Constitutional Odyssey, published in 1992 and 1993 respectively, received wide-ranging praise for their ability to inform the public debate. This third edition continues in that tradition.

Author: William H. McConnell
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780886293413
Category : Biography & Autobiography
Languages : en
Pages : 274

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Content Description #Includes bibliographical references and index.