The Canadian Constitution

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The Canadian Constitution

The Canadian Constitution [Pdf/ePub] eBook ISBN-10:
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Publisher: Dundurn
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The Canadian Constitution by Book Resume:

The Hill Times: Best Books of 2016 A new, expanded edition of the first-ever primer on Canada’s Constitution — for anyone who wants to understand the supreme law of the land. The Canadian Constitution makes Canada’s Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982 accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution explains how the Supreme Court of Canada works, and describes the people and issues involved in leading constitutional cases. Author Adam Dodek, a law professor at the University of Ottawa, provides the only index so far to the Canadian Constitution, as well as fascinating background on the Supreme Court and the Constitution. This revised and expanded edition is a great primer for those coming to Canada’s Constitution for the first time, and a useful reference work for students and scholars.

Multiculturalism and the Canadian Constitution

Multiculturalism and the Canadian Constitution [Pdf/ePub] eBook ISBN-10:
Author: Stephen J. Tierney
Publisher: UBC Press
File Size: 1067 KB
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Multiculturalism and the Canadian Constitution by Stephen J. Tierney Book Resume:

Together, the strands of Canada's diversity tell a complex story of pluralism, consolidated through a long and incremental period of constitution-building. This book brings together scholars of cultural diversity to address key components of the changing Canadian story: the evolution over time of multiculturalism within Canadian constitutional law and policy; the territorial dimension of Canadian federalism; and the role of constitutional interpretation by the courts in the development of Canada as a multicultural state. The essays illustrate how deeply multiculturalism is woven into the fabric of the Canadian constitution and the everyday lives of Canadians.

Canada and the Ethics of Constitutionalism

Canada and the Ethics of Constitutionalism [Pdf/ePub] eBook ISBN-10:
Author: Samuel V. Laselva
Publisher: McGill-Queen\'s Press - MQUP
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Canada and the Ethics of Constitutionalism by Samuel V. Laselva Book Resume:

Canada is caught between two empires and between two constitutional systems. However, neither the British model of a "single sovereign" nor the American people's "sacred fire of liberty" matched the pluralistic identity of Canada, so Canadians engaged in constitutional experimentation. In Canada and the Ethics of Constitutionalism Samuel LaSelva argues that, in order to understand the old Canada of Confederation and the new one that followed the Charter of Rights and Freedoms, it is necessary to see how distinctive Canadian constitutionalism is and how that distinctiveness does not depend on borrowings from the British or American constitutional models. LaSelva supports his argument by exploring different aspects of Canada's contribution to the ethics of constitutionalism including the limits of free expression, the Charter's notwithstanding clause, the origins and functions of judicial review, the Quebec secession debate, Aboriginal self-government, and the conception of Canada as a multicultural and multinational mosaic. Through a careful consideration of how Canadian constitutional pluralism with its focus on the rights of others differs from American and British ideas, Canada and the Ethics of Constitutionalism provides engaging answers to contested questions about how Canada was founded and what it has become.

The Constitution of Canada

The Constitution of Canada [Pdf/ePub] eBook ISBN-10:
Author: Jeremy Webber
Publisher: Bloomsbury Publishing
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The Constitution of Canada by Jeremy Webber Book Resume:

The first edition of this text quickly established itself as the classic introduction to the Canadian constitution. Setting it in its historical context, noting especially the complex interaction of national and regional societies, it shows how the constitution continues to morph and shape itself. These changes are explored through key constitutional themes: democracy; parliamentarism; the rule of law; federalism; human rights; and Indigenous rights, and describes the country that has resulted from the interplay of these themes. Clarity of expression and explanation, which never veers into simplicity, combined with the author's expertise, makes this the ideal starting point for the student or comparative lawyer keen to gain a strong understanding of how Canadian democracy and government works.

Viscount Haldane

Viscount Haldane [Pdf/ePub] eBook ISBN-10:
Author: Frederick Vaughan
Publisher: University of Toronto Press
File Size: 1754 KB
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Viscount Haldane by Frederick Vaughan Book Resume:

Viscount Richard Burdon Haldane was a philosopher, lawyer, British MP, and member of the British Cabinet during the First World War. He is best known to Canadians as a judge of the Judicial Committee of the Privy Council (Canada's highest court of appeal until 1949), in which role he was extremely influential in altering the constitutional relations between the federal parliament and the provincial legislatures. Chafing under the British North America Act of 1867, which provided for a strong central government, the provincial governments appealed to the Judicial Committee and were successful in gaining greater provincial legislative autonomy through the constitutional interpretations of the law lords. In Viscount Haldane, Frederick Vaughan concentrates on Haldane's role in these rulings, arguing that his jurisprudence was shaped by his formal study of German philosophy, especially that of G.W.F. Hegel. Vaughan's analysis of Haldane's legal philosophy and its impact on the Canadian constitution concludes that his Hegelian legacy is very much alive in today's Supreme Court of Canada and that it continues to shape the constitution and the lives of Canadians since the adoption of the Canadian Charter of Rights and Freedoms.

Canada's Indigenous Constitution

Canada's Indigenous Constitution [Pdf/ePub] eBook ISBN-10:
Author: John Borrows
Publisher: University of Toronto Press
File Size: 1995 KB
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Canada's Indigenous Constitution by John Borrows Book Resume:

Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions. With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly. This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.

The Canadian Kingdom

The Canadian Kingdom [Pdf/ePub] eBook ISBN-10:
Author: D. Michael Jackson
Publisher: Dundurn
File Size: 1762 KB
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The Canadian Kingdom by D. Michael Jackson Book Resume:

An integral part of Canada’s political culture, constitutional monarchy has evolved since Confederation to become a uniquely Canadian institution. How has it shaped twenty-first-century Canada? How have views on the monarchy changed? Eleven experts on the history of Canada’s Crown take up these questions from diverse perspectives.

The Quest for Justice

The Quest for Justice [Pdf/ePub] eBook ISBN-10:
Author: Menno Boldt,J. Anthony Long
Publisher: University of Toronto Press
File Size: 1629 KB
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The Quest for Justice by Menno Boldt,J. Anthony Long Book Resume:

This collection of many voices develops more deeply and exhaustively the issues raised in the editors’ earlier volume, Pathways to Self-Determination. It contains some twenty-three papers from representatives of the aboriginal people’s organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763. The contributors represent a broad cross-section of tribal, geographic, and organizational perspectives. They discuss constitutional questions such as land rights, the concerns of Metis, non-status Indians, and Inuit; and native rights in broad contexts – historical, legal/constitutional, political, regional, and international. The issue of aboriginal rights and of what these rights mean in terms of land and sovereignty has become increasingly important on the Canadian political agenda. The constitutional conferences between government and aboriginal peoples have revealed the gulf between what each side means by aboriginal rights: for the Indians these rights are meaningless without sovereign self-government, an idea the federal and provincial governments are not willing to entertain. Somewhere in the middle lies the concept of nationhood status. Ultimately, the aboriginal peoples are asking for justice from the dominant society around them; if it is denied or felt to be denied, the editors conclude, the consequences for the Canadian self-concept would be costly and debilitating. The twenty-four contributors provide a find guide to this profound and complex problem, whose solution depends on our understanding and our political wisdom.

Federalism and the Constitution of Canada

Federalism and the Constitution of Canada [Pdf/ePub] eBook ISBN-10:
Author: David E. Smith
Publisher: University of Toronto Press
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Federalism and the Constitution of Canada by David E. Smith Book Resume:

The Canadian system of federalism divides the power to govern between the central federal parliament and the provincial and territorial legislative assemblies. In what can be seen as a double federation, power is also divided culturally, between English and French Canada. The divisions of power and responsibility, however, have not remained static since 1867. The federal language regime (1969), for example, reconfigured cultural federalism, generating constitutional tension as governments sought to make institutions more representative of the country's diversity. In Federalism and the Constitution of Canada, award-winning author David E. Smith examines a series of royal commission and task force inquiries, a succession of federal-provincial conferences, and the competing and controversial terms of the Constitution Act of 1982 in order to evaluate both the popular and governmental understanding of federalism. In the process, Smith uncovers the reasons constitutional agreement has historically proved difficult to reach and argues that Canadian federalism 'in practice' has been more successful at accommodating foundational change than may be immediately apparent.

The Ecological Constitution

The Ecological Constitution [Pdf/ePub] eBook ISBN-10:
Author: Lynda Collins
Publisher: Routledge
File Size: 593 KB
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The Ecological Constitution by Lynda Collins Book Resume:

The Ecological Constitution integrates the insights of environmental constitutionalism and ecological law in a concise, engaging and accessible manner. This book sets out the necessary components of any constitution that could be considered "ecological" in nature. In particular, it argues that an ecological constitution is one that codifies the following key principles, at a minimum: the principle of sustainability; intergenerational equity and the public trust doctrine; environmental human rights; rights of nature; the precautionary principle and non-regression; and rights and obligations relating to a healthy climate. In the context of the global environmental crisis that characterises the current Anthropocene era, these principles are important tools for changing consciousness and driving pragmatic policy reforms around the world. Re-imagining constitutions along these lines could play a vital role in the collective project of building a sustainable future for humans, animals, ecosystems and the biosphere we all share. This book will be of great interest to students and scholars of environmental law, ecological law, environmental constitutionalism, sustainability and rights of nature.

Charter versus Federalism

Charter versus Federalism [Pdf/ePub] eBook ISBN-10:
Author: Alan C. Cairns
Publisher: McGill-Queen\'s Press - MQUP
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Charter versus Federalism by Alan C. Cairns Book Resume:

Responding to the increasing diversity of the Canadian population -- and to an increasing sensitivity to historical diversities -- the 1982 Constitution Act amended the British North America Act and introduced the Charter of Rights and Freedoms, giving new powers to heterogeneous groups within the Canadian polity. These changes disturbed the equilibrium of an older, federalist Canada whose constitutional concerns were limited to the relative powers of federal and provincial governments and to French-English ethnic/linguistic questions. Cairns underlines the significance of international influences on the development of Canada's constitution, in particular the adoption of the Charter, and examines the constitution's role in shaping Canadians' civic identities and community conceptions. He argues that the constitution is a powerful mobilizing instrument that shapes the people subject to its authority. Canada is now populated by what Cairns calls "Charter Canadians," who see themselves as rights-bearers and tend to look to the federal government as the effective focus of political community. During the Meech Lake affair, the demands of Charter Canadians and politicized aboriginal peoples clashed with Quebec's constitutional aspirations as well as older élite accommodation politics. In addition to the Charter, the 1982 Constitution Act contained a new amending formula that contradicted the Charter's message that the rights of individuals precede those of governments. This formula gave a collective of federal and provincial governments a formal monopoly on constitutional change and encouraged the belief, refuted by the Meech Lake experience, that they could amend the constitution in terms of their own self-interest and announce the results as a fait accompli. The clash between the Charter and the amending formula is constitutionally destabilizing, Cairns argues, because these two parts of the same constitution are based on different understandings of the fundamental purpose of the constitution and for whose benefit it exists. The Meech Lake fiasco, having brought Canada to the brink of disaster, clearly indicates that Canada's future constitutional health depends not only on the reconciliation of Quebec with the rest of Canada but -- respectful of the Charter's message -- on a simultaneous constitutional rapprochement between citizens and governments in the process of constitutional reform.

Canadian Charter of Rights and Freedoms

Canadian Charter of Rights and Freedoms [Pdf/ePub] eBook ISBN-10:
Author: Joseph W. Jacob B.A., M.P.A.
Publisher: Trafford Publishing
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Canadian Charter of Rights and Freedoms by Joseph W. Jacob B.A., M.P.A. Book Resume:

Canada currently has the fairest and most comprehensive charter of rights and freedoms in the world. It is the most important set of laws in Canada, as it overrides all other Canadian laws, including all municipal and provincial statutes. And, the charter was intentionally designed to be difficult to change. With this charter, truthful, proven and demonstrable harm just occur before punishment may be legally imposed (demonstrable justification). This is similar to the charter's guaranteed right of liberty (doing non-harmful actions). A law that has the potential of convicting a person who has not really done anything wrong offends the principles of fundamental justice; and such a law violates a person's right to liberty, under section 7 of the Canadian Charter of Rights and Freedoms. Each person is the proper guardian of their own health, whether bodily, or mental and spiritual. The right most valued by civilized man is the right to be let alone. Specific charter rights also apply to arrest, detention, and bail requirements.

Canadian Federalist Experiment

Canadian Federalist Experiment [Pdf/ePub] eBook ISBN-10:
Author: Frederick Vaughan
Publisher: McGill-Queen\'s Press - MQUP
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Canadian Federalist Experiment by Frederick Vaughan Book Resume:

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.

Citizens Plus

Citizens Plus [Pdf/ePub] eBook ISBN-10:
Author: Alan Cairns
Publisher: UBC Press
File Size: 1918 KB
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Citizens Plus by Alan Cairns Book Resume:

In Citizens Plus, Alan Cairns unravels the historical record to clarify the current impasse in negotiations between Aboriginal peoples and the state. He considers the assimilationist policy assumptions of the imperial era, examines more recent government initiatives, and analyzes the emergence of the nation-to-nation paradigm given massive support by the Royal Commission on Aboriginal Peoples. We are battered by contending visions, he argues - a revised assimilation policy that finds its support in the Canadian Alliance Party is countered by the nation-to-nation vision, which frames our future as coexisting solitudes. Citizens Plus stakes out a middle ground with its support for constitutional and institutional arrangements which will simultaneously recognize Aboriginal difference and reinforce a solidarity which binds us together in common citizenship. Selected as a BC Book for Everybody

The Canadian Regime

The Canadian Regime [Pdf/ePub] eBook ISBN-10:
Author: Patrick Malcolmson,Richard Myers,Gerald Baier,Tom Bateman
Publisher: University of Toronto Press
File Size: 564 KB
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The Canadian Regime by Patrick Malcolmson,Richard Myers,Gerald Baier,Tom Bateman Book Resume:

Now in its sixth edition, The Canadian Regime continues to provide the most accessible introduction to the institutions, processes, and principles of the Canadian political system. The book's focus on the inner logic of parliamentary government explains the rationale for Canada's relatively complex political system, which the authors encourage readers to think of as an organic entity, where change in one area inevitably ripples through the rest of the system. The new edition includes the results of Canada’s 2015 federal election and looks ahead to consider changes resulting from the Liberal victory. It has been thoroughly updated and revised and introduces several new topics, such as the impact of the previous Conservative government on the conventions and practices of parliamentary government and the important influence of social media on politics. Two new co-authors, Gerald Baier and Thomas M.J. Bateman, join Patrick Malcolmson and Richard Myers to bring new expertise in the areas of federalism, judicial politics, Charter jurisprudence, political parties, and the ongoing health care debate.

Patriation and Its Consequences

Patriation and Its Consequences [Pdf/ePub] eBook ISBN-10:
Author: Lois Harder,Steve Patten
Publisher: UBC Press
File Size: 1204 KB
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Patriation and Its Consequences by Lois Harder,Steve Patten Book Resume:

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. Patriation and Its Consequences revisits these constitutional negotiations, including the personalities, visions, and political struggles that shaped the resulting constitutional agreement. Focusing on the players behind the process, as well as First Nations and feminist activists, this volume explores the long shadow of patriation: the alienation of Quebec, the character of Canadian federalism, Aboriginal treaty rights, and the struggle to ensure gender equality.

Canadian Government: The Canadian Constitution

Canadian Government: The Canadian Constitution [Pdf/ePub] eBook ISBN-10:
Author: Brenda Rollins
Publisher: Classroom Complete Press
File Size: 318 KB
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Canadian Government: The Canadian Constitution by Brenda Rollins Book Resume:

**This is the chapter slice "The Canadian Constitution" from the full lesson plan "Canadian Government"** Everything you needed to know about the Canadian government and the electoral process. Your students will learn what is a government and why do we need it. Using ready-to-use information and activities for remedial students we have also clearly outlined the levels of power, the stake holders, and the Senate, the House of Commons, the Supreme Courts, Citizenship and the Constitution. Learn exactly what are the Prime Minister’s roles as well as other key members of the Canadian Government. Written to grade, these social studies concepts are presented in a way that makes them more accessible to students and easier to understand. We have loaded this resource with reading passages, student activities and color mini posters, Crossword, Word Search and Comprehension Quiz. All of our content meets the Common Core State Standards and are written to Bloom's Taxonomy.

Natural Resources and Public Property Under the Canadian Constitution

Natural Resources and Public Property Under the Canadian Constitution [Pdf/ePub] eBook ISBN-10:
Author: Gerard V. La Forest
Publisher: University of Toronto Press
File Size: 1747 KB
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Natural Resources and Public Property Under the Canadian Constitution by Gerard V. La Forest Book Resume:

The controversy aroused by the Supreme Court's decision on offshore mineral rights emphsizes the importance of the public domain in the workings of the Canadian constitution. Public property is important to the provinces not only for its revenues, but also because it provides them with a powerful instrument for control of their economic and political destinies and strengthens their position in relation to federal authorities. The provisions of the British North America Act and other constitutional instruments relating to natural resources and public property are examined thoroughly in this series of lectures given to doctoral systems at the Faulte de droit of the Universite de Montreal. Professor La Forest studies ownership of mines and minerals, navigable waters, public harbours, fisheries and Indian lands, as well as the currently controversial offshore mineral rights. He notes the political imlications of the partition of proprietary rights and explores the areas of conflict between the federal and provincial governments. Also included is a discussion of the power of expropriation, and, because public property involves public monies, lending and spending powers receive attention. In these lectures, Professor La Forest traces public domain in Britain from the time when the monarch controlled all the land, to his surrender of this control to parliament in return for a civil list, and to the similar surrender to the legislatures of the British North American colonies in connection with the struggle of responsible government. The collection of lectures is essential reading for any serious student of the constitution and will be very useful to all who are interested in the increasingly important law of natural resources in Canada.

Contested Constitutionalism

Contested Constitutionalism [Pdf/ePub] eBook ISBN-10:
Author: James B. Kelly,Christopher P. Manfredi
Publisher: UBC Press
File Size: 1472 KB
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Read Count: 244126

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Contested Constitutionalism by James B. Kelly,Christopher P. Manfredi Book Resume:

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.

Sourcebook of Canadian Media Law

Sourcebook of Canadian Media Law [Pdf/ePub] eBook ISBN-10:
Author: Robert Martin,Stuart Adam
Publisher: McGill-Queen\'s Press - MQUP
File Size: 485 KB
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Sourcebook of Canadian Media Law by Robert Martin,Stuart Adam Book Resume:

This edition examines the Canadian Constitution and its effect on the principle of freedom of expression. The balance of the book directs attention to the laws that have been enacted that limit such freedom.

Constitutional Politics

Constitutional Politics [Pdf/ePub] eBook ISBN-10:
Author: Duncan Cameron,Miriam Smith
Publisher: James Lorimer & Company
File Size: 632 KB
File Format: Pdf
Read Count: 1726942

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Constitutional Politics by Duncan Cameron,Miriam Smith Book Resume:

Introduction Duncan Cameron Part I: The Québec Agenda 1. The Asymmetrical Alternative Duncan Cameron 2. Québec's Historical Agenda François Rocher 3. The Distinct Society Cla

The Charter Debates

The Charter Debates [Pdf/ePub] eBook ISBN-10:
Author: Adam M. Dodek
Publisher: University of Toronto Press
File Size: 1860 KB
File Format: Pdf
Read Count: 1257483

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The Charter Debates by Adam M. Dodek Book Resume:

The Canadian Charter of Rights and Freedoms may only be thirty-five years old but it is an important document for all Canadians. Few today, however, are aware of the extensive work and tumultuous debates that occurred behind the scenes. In The Charter Debates, Adam Dodek tells the story of the Special Joint Committee of the Senate and the House of Commons on the Constitution, whose members were instrumental in drafting the Charter. Dodek places the work of the Joint Committee against the backdrop of the decades-long process of patriation and takes the reader inside the committee room, giving them access to Cabinet discussions about constitutional reform. The volume offers a textual exploration of the edited proceedings concerning major Charter subjects such as fundamental freedoms, democratic rights, equality rights, language rights, and the limitations clause. Presenting key moments from the transcripts, carefully selected and contextualized, The Charter Debates is a one-of-a-kind resource for scholars, students, and general readers interested in the Charter and its impact on constitutional politics in Canada.

Reimagining Canada

Reimagining Canada [Pdf/ePub] eBook ISBN-10:
Author: Jeremy Webber
Publisher: McGill-Queen\'s Press - MQUP
File Size: 813 KB
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Reimagining Canada by Jeremy Webber Book Resume:

Webber begins by showing how different conceptions of culture, language, and nation shaped Canada's constitutional negotiations from 1960 until the referendum of 1992. He then calls for a reconception of the terms of the debate, claiming that the terms now used, often borrowed from quite different societies, have made resolution of the constitutional issues more difficult. He rejects the language of nation and nationalism, and the tendency towards exclusiveness implicit in that language, arguing for a Canadian community founded not on a rigid set of "shared values" but on shared debates and shared engagements through time. Recognizing that Canadians belong simultaneously to the larger community and to other more local communities each generating its own sense of allegiance Webber describes how their relationships are shaped by institutional, linguistic, and cultural factors and notes that these multiple influences produce an asymmetrical structure. He maintains that this structure should be reflected in an assymetrical constitution, and can be accommodated without undermining individual rights. Webber offers both an overview of the constitutional negotiations and a set of reflections on the appropriate relationship between culture, language, and political community in Canada. These reflections, while rooted in the Canadian context, hold lessons for other pluralistic federations, or for nations confronting similar issues of cultural accommodation.

The Oxford Handbook of the Canadian Constitution

The Oxford Handbook of the Canadian Constitution [Pdf/ePub] eBook ISBN-10:
Author: Peter Oliver,Patrick Macklem,Nathalie Des Rosiers
Publisher: Oxford University Press
File Size: 1957 KB
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The Oxford Handbook of the Canadian Constitution by Peter Oliver,Patrick Macklem,Nathalie Des Rosiers Book Resume:

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.

The Canadian Constitution in Transition

The Canadian Constitution in Transition [Pdf/ePub] eBook ISBN-10:
Author: Richard Albert,Paul Daly,Vanessa MacDonnell
Publisher: University of Toronto Press
File Size: 557 KB
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The Canadian Constitution in Transition by Richard Albert,Paul Daly,Vanessa MacDonnell Book Resume:

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.

Policy Change, Courts, and the Canadian Constitution

Policy Change, Courts, and the Canadian Constitution [Pdf/ePub] eBook ISBN-10:
Author: Emmett Macfarlane
Publisher: University of Toronto Press
File Size: 357 KB
File Format: Pdf
Read Count: 9074587

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Policy Change, Courts, and the Canadian Constitution by Emmett Macfarlane Book Resume:

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.

The End of the Charter Revolution

The End of the Charter Revolution [Pdf/ePub] eBook ISBN-10:
Author: Peter J. McCormick
Publisher: University of Toronto Press
File Size: 1084 KB
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Read Count: 9406408

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The End of the Charter Revolution by Peter J. McCormick Book Resume:

The Canadian Charter of Rights and Freedoms became an entrenched part of the Canadian Constitution on April 17, 1982. The Charter represented a significant change in Canadian constitutional order and carried the courts, and the Supreme Court in particular, decisively into some of the biggest controversies in Canadian politics. Although the impact of the Charter on Canadian law and society was profound, a new status quo has been established. Even though there will be future Charter surprises and decisions that will claim news headlines, Peter J. McCormick argues that these cases will be occasional rather than frequent, and that the Charter "revolution" is over. Or, as he puts it in his introduction, "I will tell a story about the Charter, about the big ripples that have gradually but steadily died away such that the surface of the pond is now almost smooth." The End of the Charter Revolution explores the Canadian Charter of Rights and Freedoms, beginning with a general historical background, followed by a survey of the significant changes brought about as Charter decisions were made. The book addresses a series of specific cases made before the Dickson, Lamer, and McLachlin Courts, and then provides empirical data to support the argument that the Charter revolution has ended. The Supreme Court has without question become "a national institution of the first order," but even though the Charter is a large part of why this has happened, it is not Charter decisions that will showcase the exercise of this power in the future.

Towards a Constitutional Charter for Canada

Towards a Constitutional Charter for Canada [Pdf/ePub] eBook ISBN-10:
Author: Albert S. Abel
Publisher: University of Toronto Press
File Size: 1275 KB
File Format: Pdf
Read Count: 9148806

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Towards a Constitutional Charter for Canada by Albert S. Abel Book Resume:

In this timely book, edited from a manuscript left unfinished at his death, one of Canada’s leading constitutional scholars presents his prescription for constitutional change. The book diagnoses the failure of Canada’s present constitution, both in dealing with the country’s distinctive characteristics—regional identity and regional disparity—and in providing for effective national economic management. Drawing upon comparisons with other federal constitutions and with the European Economic Community, it proposes a new constitutional charter which would shift important responsibilities to the provinces while strengthening the economic powers of the central government. Specific recommendations are set out for a provincial residuary power, restructured taxing and spending powers, and a Canadian Equalization Council—the last a unique redistributive mechanism designed to ensure that residents of every province have access to adequate government services. Throughout, the plan pays close attention to the need to formulate constitutional provisions in a way which protects them against distortion by subsequent interpretation. At a time when the need for solutions to Canada’s constitutional problems has never been more pressing, Albert Abel’s is a particularly valuable individual contribution to the Canadian constitutional debate.

Canada's Constitutional Revolution

Canada's Constitutional Revolution [Pdf/ePub] eBook ISBN-10:
Author: Barry L. Strayer
Publisher: University of Alberta
File Size: 1474 KB
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Read Count: 8726963

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Canada's Constitutional Revolution by Barry L. Strayer Book Resume:

From 1960 to 1982 Barry L. Strayer was instrumental in the design of The Canadian Charter of Rights and Freedoms and the patriation of Canada's Constitution. Here Dr. Strayer shares his experiences as a key legal advisor with a clear, personal voice that yields an insightful contribution to Canadian history and political memoir. He discusses the personal philosophies of Pierre Trudeau and F.R. Scott in addition to his meticulous accounts of the events and people involved in Canada's constitutional reform, and the consequences of that reform, which reveal that it was truly a revolution. This is an accessible primary source for experts and non-specialists interested in constitutional history studies, political history of patriation and The Charter, interpretation of The Charter, and the nature of judicial review.

Recovering Canada

Recovering Canada [Pdf/ePub] eBook ISBN-10:
Author: John Borrows
Publisher: University of Toronto Press
File Size: 853 KB
File Format: Pdf
Read Count: 8404510

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Recovering Canada by John Borrows Book Resume:

Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.

The Battle of London

The Battle of London [Pdf/ePub] eBook ISBN-10:
Author: Frédéric Bastien
Publisher: Dundurn
File Size: 908 KB
File Format: Pdf
Read Count: 7096613

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The Battle of London by Frédéric Bastien Book Resume:

Historian Frederic Bastien describes how Pierre Elliott Trudeau and Margaret Thatcher entered one of history's most unlikely marriages of convenience in order to repatriate the Canadian Constitution.

Canada's Constitutional Monarchy

Canada's Constitutional Monarchy [Pdf/ePub] eBook ISBN-10:
Author: Nathan Tidridge
Publisher: Dundurn
File Size: 1828 KB
File Format: Pdf
Read Count: 3139710

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Canada's Constitutional Monarchy by Nathan Tidridge Book Resume:

The Canadian Crown is a unique institution that has been integral to our ideals of democracy from its beginning in 16th-century New France. Canadians enjoy one of the most stable forms of government on the planet, but there is a crisis in our understanding of the role the Crown plays in that government. Media often refer to the governor general as the Canadian head of state, and the queen is frequently misidentified in Canada as only the British monarch, yet she has been queen of Canada since 1952. Even government publications routinely cast the Crown as merely a symbolic institution with no impact on the daily lives of Canadians — this is simply not true. Errors such as these are echoed in school textbooks and curriculum outlines. Canada’s Constitutional Monarchy has been written to counter the misinformation given to Canadians, reintroducing them to a rich institution integral to our ideals of democracy and parliamentary government. Nathan Tidridge presents the Canadian Crown as a colourful and unique institution at the very heart of our Confederation, exploring its history from its beginnings in 16th-century New France, as well as its modern relationships with First Nations, Honours, Heraldry, and the day-to-day life of the country.

Power Without Law

Power Without Law [Pdf/ePub] eBook ISBN-10:
Author: Alex M. Cameron
Publisher: McGill-Queen\'s Press - MQUP
File Size: 1191 KB
File Format: Pdf
Read Count: 3557868

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Power Without Law by Alex M. Cameron Book Resume:

The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense controversy. In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia. Concluding that the Marshall decision was the result of incautious judicial activism, Power without Law challenges us to reconsider the role of our courts in the Charter era.

Constitutional Politics in Canada and the United States

Constitutional Politics in Canada and the United States [Pdf/ePub] eBook ISBN-10:
Author: Stephen L. Newman
Publisher: SUNY Press
File Size: 398 KB
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Read Count: 2782472

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Constitutional Politics in Canada and the United States by Stephen L. Newman Book Resume:

Comparative study of American and Canadian constitutionalism, especially rights jurisprudence.

The Courts, the Charter, and the Schools

The Courts, the Charter, and the Schools [Pdf/ePub] eBook ISBN-10:
Author: Michael Manley-Casimir,Kristen Manley-Casimir
Publisher: University of Toronto Press
File Size: 1656 KB
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Read Count: 330578

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The Courts, the Charter, and the Schools by Michael Manley-Casimir,Kristen Manley-Casimir Book Resume:

The adoption of the Canadian Constitution Act in 1982, with its embedded Charter of Rights and Freedoms, ushered in an era of unprecedented judicial influence on Canada's public policy. The Courts, the Charter, and the Schools examines how the Constitution Act has affected educational policy during the first twenty-five years of the Charter by analyzing landmark rulings handed down from appellate courts and the Supreme Court. The contributors consider the influence that Charter cases have had on educational policies and practices by discussing cases involving fundamental freedoms, legal rights, equality rights, and minority language rights. Demonstrating why and how the Charter was invoked, interpreted, and applied in each of these cases, this volume also highlights the resulting consequences for Canada's public schools. An illuminating collection of essays by prominent legal scholars and educational commentators, The Courts, the Charter, and the Schools is a significant contribution to the study of educational law and policy in Canada.

Constitutional Pariah

Constitutional Pariah [Pdf/ePub] eBook ISBN-10:
Author: Emmett Macfarlane
Publisher: UBC Press
File Size: 1062 KB
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Read Count: 9381141

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Constitutional Pariah by Emmett Macfarlane Book Resume:

The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.

Canadian Founding

Canadian Founding [Pdf/ePub] eBook ISBN-10:
Author: Janet Ajzenstat
Publisher: McGill-Queen\'s Press - MQUP
File Size: 1017 KB
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Read Count: 4475763

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Canadian Founding by Janet Ajzenstat Book Resume:

Convinced that rights are inalienable and that legitimate government requires the consent of the governed, the Fathers of Confederation - whether liberal or conservative - looked to the European enlightenment and John Locke. Janet Ajzenstat analyzes the legislative debates in the colonial parliaments and the Constitution Act (1867) in a provocative reinterpretation of Canadian political history from 1864 to 1873. Ajzenstat contends that the debt to Locke is most evident in the debates on the making of Canada's Parliament: though the anti-confederates maintained that the existing provincial parliaments offered superior protection for individual rights, the confederates insisted that the union's general legislature, the Parliament of Canada, would prove equal to the task and that the promise of "life and liberty" would bring the scattered populations of British North America together as a free nation.

The Invisible Crown

The Invisible Crown [Pdf/ePub] eBook ISBN-10:
Author: David E. Smith
Publisher: University of Toronto Press
File Size: 1716 KB
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The Invisible Crown by David E. Smith Book Resume:

The Crown is not only Canada’s oldest continuing political institution, but also its most pervasive, affecting the operation of Parliament and the legislatures, the executive, the bureaucracy, the courts, and federalism. However, many consider the Crown to be obscure and anachronistic. David E. Smith’s The Invisible Crown was one of the first books to study the role of the Crown in Canada, and remains a significant resource for the unique perspective it offers on the Crown’s place in politics. The Invisible Crown traces Canada’s distinctive form of federalism, with highly autonomous provinces, to the Crown’s influence. Smith concludes that the Crown has greatly affected the development of Canadian politics due to the country’s societal, geographic, and economic conditions. Praised by the Globe and Mail’s Michael Valpy as “a thoroughly lucid, scholarly explanation of how the Canadian constitutional monarchy works,” it is bolstered by a new foreword by the author speaking to recent events involving the Crown and Canadian politics, notably the prorogation of Parliament in 2008.

Canada's Odyssey

Canada's Odyssey [Pdf/ePub] eBook ISBN-10:
Author: Peter H. Russell
Publisher: University of Toronto Press
File Size: 982 KB
File Format: Pdf
Read Count: 8284754

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Canada's Odyssey by Peter H. Russell Book Resume:

150 years after Confederation, Canada is known around the world for its social diversity and its commitment to principles of multiculturalism. But the road to contemporary Canada is a winding one, a story of division and conflict as well as union and accommodation. In Canada’s Odyssey, renowned scholar Peter H. Russell provides an expansive, accessible account of Canadian history from the pre-Confederation period to the present day. By focusing on what he calls the "three pillars" of English Canada, French Canada, and Aboriginal Canada, Russell advances an important view of our country as one founded on and informed by "incomplete conquests". It is the very incompleteness of these conquests that have made Canada what it is today, not just a multicultural society but a multinational one. Featuring the scope and vivid characterizations of an epic novel, Canada’s Odyssey is a magisterial work by an astute observer of Canadian politics and history, a perfect book to commemorate the 150th anniversary of Confederation.

A Culture of Rights

A Culture of Rights [Pdf/ePub] eBook ISBN-10:
Author: Benjamin James Authers
Publisher: University of Toronto Press
File Size: 1360 KB
File Format: Pdf
Read Count: 4730210

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A Culture of Rights by Benjamin James Authers Book Resume:

With the passage into law of the Canadian Charter of Rights and Freedoms in 1982, rights took on new legal, political, and social significance in Canada. In the decades following, Canadian jurisprudence has emphasised the importance of rights, determining their shape and asserting their centrality to legal ideas about what Canada represents. At the same time, an increasing number of Canadian novels have also engaged with the language of human rights and civil liberties, reflecting, like their counterparts in law, the possibilities of rights and the failure of their protection. In A Culture of Rights, Benjamin Authers reads novels by authors including Joy Kogawa, Margaret Atwood, Timothy Findley, and Jeanette Armstrong alongside legal texts and key constitutional rights cases, arguing for the need for a more complex, interdisciplinary understanding of the sources of rights in Canada and elsewhere. He suggests that, at present, even when rights are violated, popular insistence on Canada’s rights-driven society remains. Despite the limited scope of our rights, and the deferral of more substantive rights protections to some projected, ideal Canada, we remain keen to promote ourselves as members of an entirely just society.