Download or read book Section 33 the Notwithstanding Clause written by Howard A. Leeson and published by . This book was released on 2000 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 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 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 Notwithstanding Clause section 33 of the Charter of Rights written by Ontario. Legislative Research Service and published by . This book was released on 1987 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reconceptualizing the Notwithstanding Clause written by Breandan Flynn and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its entrenchment in the Canadian Constitution in 1982, The Charter of Rights and Freedoms has garnered both scrutiny and praise from supporters and detractors alike. The section of the Charter which has been, and continues to be, the most misunderstood and most highly criticized is section 33, known colloquially as the "the notwithstanding clause". S.33 is viewed by its critics as being both undemocratic and rights effacing. It is misunderstood by many of its critics as being a legislative override of judicial review, even though the word override does not appear, nor has it ever appeared, in the language of the notwithstanding clause. Rather than being considered an override, S.33, should be considered as a check and balance on judicial power, and what s.33 offers is something much more interesting and worthwhile than a simple override of judicial review. This thesis argues that s.33, rather than simply providing a legislative body with the ability to override judicial decisions with which they do not agree, provides the judicial and legislative branches of government with an avenue to further a constructive dialogue. Rather than being a check and balance which cuts the power of the judiciary off at the knees, this check and balance infuses the relationship between the judicial and legislative branches with an air of moderation. S.33 can formalize the view that the branches of government do not work independently from one another, but rather that they work interdependently with one another. In this way s.33 acts as a mechanism that can bridge the gap between Canada's history as a federation which adheres to the principle of parliamentary supremacy and Canada's current position as a federation which adheres to the principle of constitutional supremacy.
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.
Download or read book The Notwithstanding Clause written by Ontario. Legislative Research Service and published by . This book was released on 1992 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Constitutionalizing Criminal Law written by Colton Fehr and published by UBC Press. This book was released on 2022-04-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The court has relied heavily on its power to constitutionalize principles of “fundamental justice” under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right.
Download or read book Notwithstanding written by Louis de Bernieres and published by Vintage. This book was released on 2016-10-18 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world around it marches forward, the bucolic English village of Notwithstanding remains unchanged. It is, as it always has been, a place of pubs and cricket pitches, where local eccentrics—a retired colonel who has eschewed clothes, a spiritualist living with the ghost of her husband, and a dog named Archibald Scott-Moncrieff—almost fit in. In this delightfully evocative collection of stories, in which a young couple falls in and out of love by letter alone, an eleven-year-old boy battles a monstrous fish, and a man of the cloth has a premonition of death, Louis de Bernières conjures up a rural idyll long since forgotten. Funny, bittersweet, and deeply felt, Notwithstanding is the bestselling author of Corelli’s Mandolin at his most enchanting.
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 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 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 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.
