Download or read book Quebec and Section 33 written by Michael B. Davie and published by Manor House Pub Incorporated. This book was released on 2000-01 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quebec's provincial government alarmed many when it enacted its odious sign law restricting the use of English. Although this blatant human rights violation was struck down by the Supreme courts of Quebec and Canada, the provincial government enacted its sign law anyway. How? Quebec invoked the infamous Notwithstanding Clause to over-rule the highest courts in the land! Join the author as he explores Quebecs controversial use of Section 33 -- and the danger the Notwithstanding clause poses to all Canadians.
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.
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.
Download or read book The Challenges of a Secular Quebec written by Lucia Ferretti and published by UBC Press. This book was released on 2023-09-15 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2019, the Quebec National Assembly passed Bill 21. It prohibits, among other things, certain state employees in positions of authority (including teachers, prison guards, police officers, and justices of the peace) from wearing religious symbols when providing public services. Many political commentators in English Canada denounced the law as running counter to Canadian multiculturalism and human rights. Why did the Quebec government adopt this particular form of state secularism? And why did it garner public support? The Challenges of a Secular Quebec analyzes the statute from different angles to provide a nuanced, respectful discussion of its intentions and principles that recognizes the province’s singular history in North America.
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:
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).
Download or read book The Notwithstanding Clause Section 33 of the Charter of Rights Rev written by and published by . This book was released on 1992 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 33 of the Canadian Charter of Rights and Freedoms, more popularly known as the 'notwithstanding clause', permits provincial legislatures as well as the federal parliament to opt out of, or override, many of the Charter's protections. This so-called override power has become the subject of growing controversy, especially with the passage of Quebec's Bill 178 regarding the language displayed on signs. This paper reviews the arguments in support of, and in opposition to, Section 33. It examines the nature of the notwithstanding clause, which kinds of rights and freedoms can be overridden, how the clause is invoked, how and why it was used in Bill 178, where else the override power has been exercised, and whether the clause's inclusion in the Charter is a setback in Canadian legal history. Finally, the paper looks at how the debate over Section 33 has given rise to a resolution of the Ontario legislature and a recommendation by one of its committees.
Download or read book Civil Code of Lower Canada written by Québec (Province) and published by . This book was released on 1889 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
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.
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:
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.
Download or read book The Canadian Contribution to a Comparative Law of Secession written by Giacomo Delledonne and published by Springer. This book was released on 2018-12-11 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.
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:
Download or read book The Constitutional Protection of Freedom of Expression written by Richard Moon and published by University of Toronto Press. This book was released on 2000-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.
Download or read book Brief on Bill S 33 Evidence Act written by Joint Committee of the Canadian Bar Association and the Bar of Quebec on Bill S-33 and published by . This book was released on 1983 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
