Download or read book Patriation and Its Consequences written by Lois Harder and published by UBC Press. This book was released on 2015-06-17 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few moments in Canadian history are as intriguing as the political battle between Prime Minister Pierre Trudeau and the “Gang of Eight” provincial premiers who opposed his plans to “patriate” Canada’s constitution from Britain. This volume revisits these constitutional negotiations, including the personalities, visions, and political struggles that shaped the resulting constitutional agreement. Offering fresh perspectives on the politics of this key moment in Canadian history, it focuses on the players behind the patriation process, including First Nations and feminist activists, who helped shape Canada’s new constitution. Patriation and Its Consequences also explores the long shadow of patriation, including the alienation of Quebec, the character of Canadian federalism, Indigenous constitutionalism and Aboriginal treaty rights, and the struggle to ensure gender equality rights in Canada.
Download or read book Canada s Constitutional Revolution written by Barry L. Strayer and published by University of Alberta. This book was released on 2013-01-02 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Canadian Federalism and Its Future written by Alain-G. Gagnon and published by McGill-Queen's Press - MQUP. This book was released on 2020-09-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.
Download or read book Questions of Order written by Peter Price and published by University of Toronto Press. This book was released on 2020-12-16 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canadian Confederation has long been assessed as a political moment that created a new national entity. This book breaks new ground by arguing that Confederation was an imperial event that generated new questions and ideas about the future of global political order.
Download or read book Canada s Surprising Constitution written by Howard Kislowicz and published by UBC Press. This book was released on 2024-05-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution – only four decades old – produced so many surprises? Canada’s Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and – looking ahead – anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action.
Download or read book Voicing Identity written by John Borrows and published by University of Toronto Press. This book was released on 2022-11-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading Indigenous and non-Indigenous scholars, Voicing Identity examines the issue of cultural appropriation in the contexts of researching, writing, and teaching about Indigenous peoples. This book grapples with the questions of who is qualified to engage in these activities and how this can be done appropriately and respectfully. The authors address these questions from their individual perspectives and experiences, often revealing their personal struggles and their ongoing attempts to resolve them. There is diversity in perspectives and approaches, but also a common goal: to conduct research and teach in respectful ways that enhance understanding of Indigenous histories, cultures, and rights, and promote reconciliation between Indigenous and non-Indigenous peoples. Bringing together contributors with diverse backgrounds and unique experiences, Voicing Identity will be of interest to students and scholars studying Indigenous issues as well as anyone seeking to engage in the work of making Canada a model for just relations between the original peoples and newcomers.
Download or read book Contested Constitutionalism written by James B. Kelly and published by UBC Press. This book was released on 2010-01-01 with total page 335 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.
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.
Download or read book The Federal Reporter written by and published by . This book was released on 1917 with total page 1090 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes cases argued and determined in the District Courts of the United States and, Mar./May 1880-Oct./Nov. 1912, the Circuit Courts of the United States; Sept./Dec. 1891-Sept./Nov. 1924, the Circuit Courts of Appeals of the United States; Aug./Oct. 1911-Jan./Feb. 1914, the Commerce Court of the United States; Sept./Oct. 1919-Sept./Nov. 1924, the Court of Appeals of the District of Columbia.
Download or read book Constitutional Pariah written by Emmett Macfarlane and published by UBC Press. This book was released on 2021-04-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Israel Digest written by and published by . This book was released on 1955 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Changing States Changing Nations written by Andrew McDonald and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the remarkable constitutional reforms undertaken by the Blair and Brown governments in the UK. The reforms are remarkable in that they had the potential to change the way Britons understood the national identity of the UK. The book illuminates the ambitions of the key players in Whitehall and Westminster and is enriched through a study of comparable constitutional reforms in Canada and Australia: the Charter of Rights and Freedoms pioneered by Pierre Trudeau and the attempt by Paul Keating to make Australia a Republic. The Canadian and Australian chapters are a contribution to the political history of those nations and a device for understanding the changes in Britain. The author is an expert in the use of Freedom of Information and was a senior policy maker in Whitehall working primarily on constitutional reform. Readers will benefit from the author's unrivalled access to interviewees and documentary sources in the three countries covered in the book.
Download or read book Perspectives on Women in the 1980s written by Joan Turner and published by Univ. of Manitoba Press. This book was released on 1983-01-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are now fifteen years into the second wave of feminism, and public opinion polls show majority support for all the basic issues raised by the women’s movement. This collection of articles focuses on strategies and directions for the movement that will enable all women to benefit from changing attitudes in the 1980s.
Download or read book Canadian Government and Politics Seventh Edition written by Robert J. Jackson and published by Broadview Press. This book was released on 2020-02-25 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canadian Government and Politics delivers an up-to-date and concise introduction to Canada’s political institutions, processes, and issues. The text integrates theory, history, Census data, and current affairs to give students an orderly picture of the wide-ranging landscape of Canadian government and politics. This seventh edition includes coverage and analysis of the 2019 general election, as well as a preview of the new Canadian government. It also adds exciting material on Canada’s cultural landscape, institutions, and policies, along with a new chapter on Indigenous Peoples. Other chapters examine the executive, legislative, and judicial branches of government, the electoral system, bureaucracy, Québec nationalism, foreign policy, and much more. The authors provide trenchant coverage of many key issues of concern to Canadians, including regionalism, nationalism, climate change, defense policy, Indigenous Peoples’ rights, minority rights, pipelines, and the USMCA trade deal. These topics are addressed by way of fair-minded impartial discussions, aimed to foster a vital and optimistic perspective on Canadian politics that will encourage critical thinking and active citizenship.
Download or read book Courts Without Cases written by Carissima Mathen and published by Bloomsbury Publishing. This book was released on 2019-04-18 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
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.
Download or read book The Charter Debates written by Adam M. Dodek and published by University of Toronto Press. This book was released on 2018-05-04 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
