Author: Canada. Parliament. SenatePublisher: J. O. Patenaude : I.S.O. printer to the King
ISBN:
Category : Canada
Languages : en
Pages : 720
Book Description
Report Pursuant to Resolution of the Senate to the Honourable the Speaker by the Parliamentary Counsel
Author: Canada. Parliament. SenatePublisher: J. O. Patenaude : I.S.O. printer to the King
ISBN:
Category : Canada
Languages : en
Pages : 720
Book Description
The Judicial Committee and the British North America Act
Author: G.P. BrownePublisher: University of Toronto Press
ISBN: 1442651016
Category : Law
Languages : en
Pages : 419
Book Description
This comprehensive study is concerned primarily with the fundamental problem of the role of the judiciary in the federal system of Canadian government. The author criticizes previous accounts of the Judicial Committee’s interpretative scheme for the British North American Act because of their neglect of underlying jurisprudential assumptions and their readiness to accept the textual criticisms levelled in the O’Connor Report of 1939; they fail to note the relationship between the jurisprudential and the textual aspects. Professor Browne is convinced that O’Connor’s criticism is as ill founded as the alternative interpretive scheme he proposed, and that the “three-compartment” view represents the most convincing construction of sections 91 and 92 of the Act. He considers debatable the “organic statute” argument widely accepted in the United States and becoming more and more popular in Canada; and supports the premium which English courts have traditionally placed on certainty and stability in the law. Professor Browne concludes that the almost universal criticism in Canada of the Judicial Committee’s construction of the BNA Act is basically misconceived: Canadian jurists should think carefully before following trends set by American courts, for American purposes, in the context of American law, particularly when the repercussions of those trends are not as yet fully appreciated. This discussion will be of special interest for legal, political, and historical studies in this country, the United States, and other Commonwealth countries, especially those which have federal systems and consequently share the same basic problems of the judiciary in such a system.
Essential Readings in Canadian Constitutional Politics
Author: Peter H. RussellPublisher: University of Toronto Press
ISBN: 1442603682
Category : Political Science
Languages : en
Pages : 529
Book Description
Essential Readings in Canadian Constitutional Politics introduces students, scholars, and practitioners to classic authors and writings on the principles of the Canadian Constitution as well as to select contemporary material. To complement rather than duplicate the state of the field, it deals with the Canadian Charter of Rights and Freedoms and with Canadian mega-constitutional politics in passing only, focusing instead on institutions, federalism, intergovernmental relations, bilingualism and binationalism, the judiciary, minority rights, and constitutional renewal. Many of the selections reverberate well beyond Canada's borders, making this volume an unrivalled resource for anyone interested in constitutional governance and democratic politics in diverse societies.
Canadian Issues
Author: Robert M. ClarkPublisher: University of Toronto Press
ISBN: 1442654732
Category : Political Science
Languages : en
Pages : 509
Book Description
Topics of widespread concern to Canadians interested in the social sciences and to the general reading public are dealt with in this volume of essays by a group of Canada's leading scholars in political science and history. The book is presented in honour of Henry Forbes Angus, Head of the Department of Economics, Political Science, and Sociology at the University of British Columbia from 1930 to 1956, and the authors are all his former students, colleagues or associates. Included also are a bibliography of publications Dean Angus and, with his consent, a thoughtful and humorous article of his entitled "Administration and Democracy." Henry Forbes Angus was born in Victoria, in 1891. He received his school education in Victoria and subsequently attended the Lycée Descartes at Tours (France) and McGill University from which he received his B.A. in 1911. He proceeded to Balliol College, Oxford where he obtained a B.A., first class, in 1913 and a B.C.L., also first class, in 1914. He won the highly prized Vinerian Law Scholarship at Oxford in 1914, and was called to the Inner Temple Bar in the same year. Henry Angus served throughout the First World War: in India from 1914 to 1916 and in Mesopotamia from 1916 to 1919. He was promoted to the rank of Captain and mentioned in despatches. He returned to British Columbia after the war, and in 1919 was appointed Assistant Professor of Economics at the University of British Columbia. In the same year he obtained his M.A. from Oxford. He was promoted Head of the Department of Economics, Political Science and Sociology in 1930. From 1949 to 1956 he was also Dean of Graduate Studies. Professor Angus was made a Fellow of the Royal Society of Canada in 1939 and was its President in 1951-1952. He has honorary degrees from McGill University and from the University of British Columbia. He was a member of the Royal Commission on Dominion-Provincial Relations, 1937-40, and a member of the Royal Commission on Transportation, 1949-51. From 1941 to 1945 he was Special Assistant to the Under Secretary of State for External Affairs. Since 1955, Dean Angus has been Chairman of the Public Utilities Commission of British Columbia.
Trade and Commerce
Author: Malcolm LavoiePublisher: McGill-Queen's Press - MQUP
ISBN: 0228016487
Category : Business & Economics
Languages : en
Pages : 186
Book Description
In recent decades, the economic framework of Canada’s Constitution has been a subject largely neglected by judges, scholars, and commentators. Trade and Commerce fills this gap by bringing to light a lost understanding of how the Constitution structures economic relations. As Malcolm Lavoie reveals, the Constitution includes foundational commitments to property rights, local government autonomy, and the principle of subsidiarity. At the same time, it creates a platform for integrated national markets with secure channels for interprovincial trade. This economic vision remains a vital part of Canada’s constitutional order and is relevant to a purposive interpretation of the Constitution. But contemporary legal discourse has begun to lose touch with this vision, with regrettable consequences in a number of different policy areas. Exploring the implications of the economic Constitution in the context of contemporary issues – including disputes over interprovincial trade and jurisdictional tensions between federal, provincial, and Indigenous governments with respect to the environment and the economy – Trade and Commerce restores economic ideas to the forefront of constitutional thinking in Canada.
The Persons Case
Author: Robert J. SharpePublisher: University of Toronto Press
ISBN: 1487516932
Category : Law
Languages : en
Pages : 391
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.
Canada's Century
Author: John MeiselPublisher: McGill-Queen's Press - MQUP
ISBN: 9780773512931
Category : History
Languages : en
Pages : 398
Book Description
A collection of the 18 essays presented at a 1991 conference held in honor of the well-known Canadian political scientist John Meisel. Contributors explore key issues in Canadian politics including governance, Quebec's place in Canada, French-English relations, multiculturalism, the party system, electoral processes, the regulatory function, and aspects of culture and social science. Annotation copyright by Book News, Inc., Portland, OR
Canadian Federalist Experiment
Author: Frederick VaughanPublisher: McGill-Queen's Press - MQUP
ISBN: 0773571019
Category : History
Languages : en
Pages : 232
Book Description
He then argues that Trudeau's 1982 Charter quietly undermined the monarchic character of the constitution by introducing republican principles of government. The result has been old institutional structures at odds with the republican ambitions, leaving Canada clinging to the wreckage of the old aristocratic order while attempting to provide a new order founded on republican equality. Vaughan shows how, at the time of Confederation, Edward Freeman, a Cambridge historian who convinced John A. Macdonald to experiment with what no one had ever heard of before, a "monarchic federation," and Jean-Louis DeLolme, a popular French authority on the English constitution, helped forge a new federal constitution with a strong central government and a chief executive armed with the powers necessary to govern. Vaughan examines how these principles were undermined by the judicial activism of the Judicial Committee of the Privy Council, which paved the way for the significant expansion of judicial power under the Charter since 1982.
Sir Oliver Mowat
Author: A. Margaret EvansPublisher: University of Toronto Press
ISBN: 1487596782
Category : Biography & Autobiography
Languages : en
Pages : 647
Book Description
Few political leaders in Ontario's history have had as lasting an impact on the province, and perhaps on the nation, as Oliver Mowat, premier from 1872 to 1896. Under his leadership Ontario flourished economically, socially, and politically. Among the many political skills that Mowat brought to office, one of the most useful was pragmatism. He was able to establish a rock-solid style that appealed to a wide spectrum of the electorate: rural and urban, Catholic and Protestant. He was also adept at redrawing constituency boundaries and extending the franchise at opportune times. Margaret Evans's biography of Mowat is in some ways the story of a golden age in the province's history. During this period Ontario modernized agriculture and industry, opened the north, developed natural resources, addressed social problems, and accepted trade unions. Above all, it established itself as the dominant province in Confederation. This last was accomplished through a stubborn struggle with Ottawa. John A. Macdonald fought hard against Mowat's provincial-rights moves, and referred to the premier as 'the little tyrant.' But Mowat prevailed. The Canada that emerged was a less centralized state than Macdonald had ever wanted; the provinces had substantially more power. A century later, that legacy of diffused power has been at the centre of much of Canada's constitutional debate.
Canadian Constitution in Transition
Author: Richard AlbertPublisher: University of Toronto Press
ISBN: 1487523025
Category : Law
Languages : en
Pages : 417
Book Description
The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act. Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading. Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.