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Canada Notwithstanding
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Book Synopsis Constitutional Dialogue by : Geoffrey Sigalet
Download or read book Constitutional Dialogue written by Geoffrey Sigalet and published by Cambridge University Press. This book was released on 2019-05-02 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
Book Synopsis The Notwithstanding Clause of the Charter by : David Johansen
Download or read book The Notwithstanding Clause of the Charter written by David Johansen and published by . This book was released on 2012 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutional notwithstanding clause set out in section 33 of the Canadian Charter of Rights and Freedoms (hereinafter referred to as the Charter of Rights or the Charter) has been controversial since its emergence from a November 1981 Federal-Provincial Conference of First Ministers. The controversy became more pronounced at the time of the 15 December 1988 Supreme Court of Canada decisions in the Ford and Devine cases dealing with the signage provisions of Quebec's Bill 101 (Charter of the French Language) and the subsequent adoption by the Quebec National Assembly of Bill 178 (An Act to Amend the Charter of the French Language). This legislation contained a section 33 override clause (in this case affecting Charter of Rights guarantees of freedom of expression (section 2(b)) and equality rights (section 15)). After setting out the content of the section 33 notwithstanding clause, this paper will trace its development in 1981 and describe the potential use then ascribed to it by its drafters, parliamentarians and others. The paper will then go on to point out actual instances when the notwithstanding clause has been invoked. Finally, it will present a number of arguments for and against the use of the clause.
Book Synopsis The Notwithstanding Clause and the Canadian Charter by : Peter L. Biro
Download or read book The Notwithstanding Clause and the Canadian Charter written by Peter L. Biro and published by McGill-Queen's Press - MQUP. This book was released on 2024-04-02 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 33 – what is commonly referred to as the notwithstanding clause (NWC) – was written into the Canadian Charter of Rights and Freedoms to allow Parliament and the provinces to provisionally override certain Charter rights. The Notwithstanding Clause and the Canadian Charter examines the NWC from all angles and perspectives, considering who should have the last word on matters of rights and justice – the legislatures or the unelected judiciary – and what balance liberal democracy requires. In the case of Quebec, the use of the clause has been justified as necessary to preserve the province’s culture and promote its identity as a nation. Yet Quebec’s pre-emptive and sweeping invocation of the clause also challenges the scope of judicial review and citizens’ recourse to it, and it tests the assumption that a dialogue between the judiciary and the legislature is always preferable in instances in which the legislative branch decides to suspend the operation of certain Charter rights and freedoms. By virtue of its contested purposes, interpretations, operation, and applications, the NWC represents and, to an extent, defines both the character and the very real vulnerabilities of liberal constitutionalism in Canada. The significance, effects, and legitimacy of the NWC have been vigorously debated within scholarship and among politicians and activists since the patriation of the Canadian Constitution in 1982. In The Notwithstanding Clause and the Canadian Charter leading scholars, jurists, and policy experts elucidate and prescribe reforms to the application of this consequential clause about which so much is written, and around which there is relatively little consensus.
Book Synopsis The notwithstanding clause of the Charter by :
Download or read book The notwithstanding clause of the Charter written by and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversy became more pronounced at the time of the 15 December 1988 Supreme Court of Canada decisions in the Ford(2) and Devine(3) cases dealing with the signage provisions of Quebec's Bill 101 (Charter of the French Language) and the subsequent adoption by the Quebec National Assembly of Bill 178 (An Act to Amend the Charter of the French Language). [...] Section 33(1) of the Charter of Rights permits Parliament or a provincial legislature to adopt legislation to override section 2 of the Charter (containing such fundamental rights as freedom of expression, freedom of conscience, freedom of association and freedom of assembly) and sections 7-15 of the Charter (containing the right to life, liberty and security of the person, freedom from unreasonab [...] All rights and freedoms set out in the Charter are guaranteed, subject to reasonable limitations under the terms of section 1. This has the effect, in combination with section 32 of the Charter (making the Charter binding on Parliament and the legislatures) and section 52 of the Constitution Act, 1982 (making the Constitution, of which the Charter is a part, the supreme law of Canada), of entrench [...] There are a number of Canadian legislative precedents to section 33 in the notwithstanding provisions contained in the Canadian Bill of Rights,(6) the Saskatchewan Human Rights Code,(7) the Alberta Bill of Rights(8) and the Quebec Charter of Human Rights and Freedoms.(9). [...] Roy McMurtry, who participated in the First Ministers' Conference as Attorney General of Ontario, has written: The fact is that the clause does provide a form of balancing mechanism between the legislators and the courts in the unlikely event of a decision of the courts that is clearly contrary to the public interest.
Book Synopsis Canada-- Notwithstanding by : Roy J. Romanow
Download or read book Canada-- Notwithstanding written by Roy J. Romanow and published by Thomson Carswell. This book was released on 1984 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Notwithstanding Clause by : Jeffrey Lawrence
Download or read book The Notwithstanding Clause written by Jeffrey Lawrence and published by . This book was released on 1989 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Canada Publisher :Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB) ISBN 13 : Total Pages :188 pages Book Rating :4.:/5 (31 download)
Book Synopsis A Consolidation of the Constitution Acts 1867 to 1982 by : Canada
Download or read book A Consolidation of the Constitution Acts 1867 to 1982 written by Canada and published by Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB). This book was released on 1983 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consolidated as of April 17, 1982.
Book Synopsis Quebec and Section 33 by : Michael Bradley
Download or read book Quebec and Section 33 written by Michael Bradley and published by . This book was released on 2015-05-20 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third book in the making of of likened to James Bond meets The Da Vinci Code, it will finds the American-Canadian adventurer pitted against marauding, firebomb throwing youth in a chaotic France of the near future.
Book Synopsis The Notwithstanding Clause of the Charter by : Canada. Parliamentary Research Branch
Download or read book The Notwithstanding Clause of the Charter written by Canada. Parliamentary Research Branch and published by . This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Notwithstanding Clause of the Charter by : David Johansen
Download or read book The Notwithstanding Clause of the Charter written by David Johansen and published by . This book was released on 1989 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Power and Canadian Democracy by : Paul Howe
Download or read book Judicial Power and Canadian Democracy written by Paul Howe and published by McGill-Queen's Press - MQUP. This book was released on 2001-03-29 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversy raises challenging questions about the role of a powerful judiciary in a democracy. In Judicial Power and Canadian Democracy, a series of essays commissioned by the Institute for Research on Public Policy, some of Canada's foremost commentators - academics, politicians, and Supreme Court judges themselves - take up the debate. Some tangle over the pivotal question: should judges have the decisive say on issues involving entrenched rights that have profound implication for the policy preferences of elected bodies? Others examine related issues, including Supreme Court appointment procedures, interest group litigation, the historical roots of the notwithstanding clause, and the state of public opinion on Canada's courts. Those interested in the power of the judicial branch will find much in this collection to stimulate fresh thinking on issues that are likely to remain on the public agenda for years to come. Contributors include Joseph F. Fletcher (Toronto), Janet Hiebert (Queen's), Gregory Hein (Toronto), Peter W. Hogg (York), Paul Howe, Rainer Knopff (Calgary), Sébastien Lebel-Grenier (Sherbrooke), Howard Leeson (Regina), Kate Malleson (London School of Economics), E. Preston Manning (Reform Party of Canada), Hon. Beverley McLachlin (Supreme Court of Canada), F.L. Morton (Calgary), Pierre Patenaude (Sherbrooke), Peter Russell, Allison A. Thornton (Blake, Cassels and Graydon), Frederick Vaughan (emeritus, Guelph), Lorraine Eisenstat Weinrib (Toronto), Hon. Bertha Wilson (emeritus, Supreme Court of Canada), and Jacob Ziegel (Toronto).
Book Synopsis The Constitution Act, 1982 by : Canada
Download or read book The Constitution Act, 1982 written by Canada and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Acts of the Parliament of the Dominion of Canada by : Canada
Download or read book Acts of the Parliament of the Dominion of Canada written by Canada and published by . This book was released on 1898 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Journals of the House of Commons of the Dominion of Canada by : Canada. Parliament. House of Commons
Download or read book Journals of the House of Commons of the Dominion of Canada written by Canada. Parliament. House of Commons and published by . This book was released on 1898 with total page 1358 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Policy Change, Courts, and the Canadian Constitution by : Emmett Macfarlane
Download or read book Policy Change, Courts, and the Canadian Constitution written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2018-01-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
Download or read book The Canadian Municipal Journal written by and published by . This book was released on 1918 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The English Language in Canada by : Charles Boberg
Download or read book The English Language in Canada written by Charles Boberg and published by Cambridge University Press. This book was released on 2010-08-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The English Language in Canada examines the current status, history and principal features of Canadian English, focusing on the 'standard' variety heard across the country today. The discussion of the status of Canadian English considers the number and distribution of its speakers, its relation to French and other Canadian languages and to American English, its status as the expressive medium of English Canadian culture and its treatment in previous research. The review of its history concentrates on the historical roots and patterns of English-speaking settlement that established Canadian English and influenced its character in each region of Canada. The analysis of its principal features compares the vocabulary, pronunciation and grammar of Canadian English to standard British and American English. Subsequent chapters examine variation and change in the vocabulary and pronunciation of Canadian English, while a final chapter briefly considers the future of Canadian English.
