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Author: Robert J. Sharpe Publisher: University of Toronto Press ISBN: 1442692340 Category : Law Languages : en Pages : 305
Book Description
On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.
Author: Robert J. Sharpe Publisher: University of Toronto Press ISBN: 1442692340 Category : Law Languages : en Pages : 305
Book Description
On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.
Author: Beverley Baines Publisher: Cambridge University Press ISBN: 9780521530279 Category : Law Languages : en Pages : 364
Book Description
To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.
Author: Lorna R. Marsden Publisher: Oxford University Press, USA ISBN: 9780199025022 Category : Social Science Languages : en Pages : 0
Book Description
What range of possibilities might appear on the horizon to a young woman today as she contemplates her future compared to those envisioned by a young woman 150 years ago? And how would her daily life be different? The degree of change in women's lives in Canada over the last 150 years is staggering, and much is the result of the fight for greater equality. How did this change take place? Establishing equality as a fact of daily life has been a protracted struggle, and one that remains far from finished. Over the last century and a half since Confederation, this struggle has taken on a unique character in Canada, given our country's peculiar circumstances. Lorna R. Marsden, sociologist and activist-who has herself been involved in the action-chronicles the circumstances, the people, and the social changes that have characterized women's journey down the long road toward equality. Her account considers changes brought about by such forces as war, immigration, and public health, as well as other complex historical changes, such as legal evolution and employment opportunities. This fascinating book is full of insight, little known facts (for example, many women could vote as early as 1791 in some parts of Canada), and an understanding of the complex ways that a society like Canada can and does change. It also reminds us that there is still a distance to go in the journey toward equality.
Author: Peter Crawford Oliver Publisher: Oxford University Press ISBN: 0190664819 Category : Law Languages : en Pages : 1169
Book Description
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Author: Lois Harder Publisher: UBC Press ISBN: 0774828641 Category : Political Science Languages : en Pages : 357
Book Description
Few moments in Canadian history are as intriguing as the political battle between Prime Minister Pierre Trudeau and the “Gang of Eight” provincial premiers who opposed his plans to “patriate” Canada’s constitution from Britain. This volume revisits these constitutional negotiations, including the personalities, visions, and political struggles that shaped the resulting constitutional agreement. Offering fresh perspectives on the politics of this key moment in Canadian history, it focuses on the players behind the patriation process, including First Nations and feminist activists, who helped shape Canada’s new constitution. Patriation and Its Consequences also explores the long shadow of patriation, including the alienation of Quebec, the character of Canadian federalism, Indigenous constitutionalism and Aboriginal treaty rights, and the struggle to ensure gender equality rights in Canada.
Author: Janice E. McKenney Publisher: Rowman & Littlefield ISBN: 0810884984 Category : Biography & Autobiography Languages : en Pages : 255
Book Description
Women of the Constitution follows in the footsteps of the 1912 work devoted to biographical sketches of the spouses of the signers of the Declaration of Independence. This book will be the first work devoted exclusively to providing brief biographies of the forty-three wives o...
Author: Fay Faraday Publisher: ISBN: 9781552211182 Category : Civil rights Languages : en Pages : 527
Book Description
Equality is a hotly contested Charter right and a bedrock Canadian value. This book assesses equality jurisprudence from many angles. Each of the 13 papers in this collection aims to deepen our understanding of the dynamics of inequality and oppression, thereby enriching the legal framework for eradicating and promoting substantive equality.
Author: Robert J. Sharpe
Author: Robert J. Sharpe
Author: Canada
Author: Canada
Author: Beverley Baines
Author: Lorna R. Marsden
Author: Canadian Advisory Council on the Status of Women
Author: Peter Crawford Oliver
Author: Lois Harder
Author: Janice E. McKenney
Author: Fay Faraday