The Notwithstanding Clause And The Canadian Charter

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The Notwithstanding Clause of the Charter

Author : David Johansen
Publisher :
ISBN 13 :
Total Pages : 14 pages
Book Rating : 4.:/5 (15 download)

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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.

Constitutional Dialogue

Author : Geoffrey Sigalet
Publisher : Cambridge University Press
ISBN 13 : 1108417582
Total Pages : 487 pages
Book Rating : 4.1/5 (84 download)

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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.

The Oxford Handbook of the Canadian Constitution

Author : Peter Crawford Oliver
Publisher : Oxford University Press
ISBN 13 : 0190664819
Total Pages : 1169 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Crawford Oliver

Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Policy Change, Courts, and the Canadian Constitution

Author : Emmett Macfarlane
Publisher : University of Toronto Press
ISBN 13 : 1487523157
Total Pages : 461 pages
Book Rating : 4.4/5 (875 download)

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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.

Charter Conflicts

Author : Janet Hiebert
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 9780773524088
Total Pages : 310 pages
Book Rating : 4.5/5 (24 download)

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Book Synopsis Charter Conflicts by : Janet Hiebert

Download or read book Charter Conflicts written by Janet Hiebert and published by McGill-Queen's Press - MQUP. This book was released on 2002 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive examination of how the Charter influences political choices on social policy.

Canada in the World

Author : Richard Albert
Publisher : Cambridge University Press
ISBN 13 : 1108419739
Total Pages : 483 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Canada in the World by : Richard Albert

Download or read book Canada in the World written by Richard Albert and published by Cambridge University Press. This book was released on 2018 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.

A Consolidation of the Constitution Acts 1867 to 1982

Author : Canada
Publisher : Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB)
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.:/5 (31 download)

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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.

Judicial Power and Canadian Democracy

Author : Paul Howe
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773568891
Total Pages : 347 pages
Book Rating : 4.7/5 (735 download)

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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 347 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).

The Constitution Act, 1982

Author : Canada
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (49 download)

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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:

Governing with the Charter

Author : James B. Kelly
Publisher : UBC Press
ISBN 13 : 0774851716
Total Pages : 337 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Governing with the Charter by : James B. Kelly

Download or read book Governing with the Charter written by James B. Kelly and published by UBC Press. This book was released on 2006-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.

The Notwithstanding Clause and the Canadian Charter

Author : Peter L. Biro
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0228020220
Total Pages : 277 pages
Book Rating : 4.2/5 (28 download)

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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.

And No One Cheered

Author : Keith G. Banting
Publisher : Taylor & Francis
ISBN 13 : 9780458959501
Total Pages : 376 pages
Book Rating : 4.9/5 (595 download)

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Book Synopsis And No One Cheered by : Keith G. Banting

Download or read book And No One Cheered written by Keith G. Banting and published by Taylor & Francis. This book was released on 1983 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Myth of the Sacred

Author : Donald E. Abelson
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773524347
Total Pages : 272 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Myth of the Sacred by : Donald E. Abelson

Download or read book Myth of the Sacred written by Donald E. Abelson and published by McGill-Queen's Press - MQUP. This book was released on 2002 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical look at the interaction of constitutional litigation and politics in Canada following the entrenchment of the Canadian Charter of Rights and Freedoms in 1982.

Canada and the Ethics of Constitutionalism

Author : Samuel V. Laselva
Publisher :
ISBN 13 : 0773555315
Total Pages : 343 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Canada and the Ethics of Constitutionalism by : Samuel V. Laselva

Download or read book Canada and the Ethics of Constitutionalism written by Samuel V. Laselva and published by . This book was released on 2018 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new perspective on the Canadian Constitution that focuses on Canada's distinctive contribution to constitutional ethics.

The Charter Revolution and the Court Party

Author : F.L. Morton
Publisher : Peterborough, Ont. : Broadview Press
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Charter Revolution and the Court Party by : F.L. Morton

Download or read book The Charter Revolution and the Court Party written by F.L. Morton and published by Peterborough, Ont. : Broadview Press. This book was released on 2000-04 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University

Contested Constitutionalism

Author : James B. Kelly
Publisher : UBC Press
ISBN 13 : 0774816767
Total Pages : 650 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Contested Constitutionalism by : James B. Kelly

Download or read book Contested Constitutionalism written by James B. Kelly and published by UBC Press. This book was released on 2010 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.

The New Commonwealth Model of Constitutionalism

Author : Stephen Gardbaum
Publisher : Cambridge University Press
ISBN 13 : 1107009286
Total Pages : 275 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum

Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.