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Canada's Constitutional Crisis by Marjorie Montgomery Bowker Pdf
Subtitle: making sense of it all (a background analysis & a look at the future). The history and politics of Canada's constitution, including the 1867 British North America Act, the 1982 Constitution Act, and the Meech Lake Accord. Considers the issues that remain and examines the various options.
Author : Richard G. Craig,Randy J. Noonan Publisher : New Star Books : Legal Services Commission Page : 198 pages File Size : 54,8 Mb Release : 1979 Category : History ISBN : UOM:39015019784332
Confederation in Crisis by Robert Andrew Young Pdf
Preface Introduction I The Citizens and the Constitution 1 We the People: Public Opinion, Sovereignty and the Constitution Édouard Cloutier 2 Constitutional Politics in the West and the Rest Roger Gibbins Interchange II The Economy and the Constitution 3 How Economics is Shaping the Constitutional Debate in Quebec Pierre Fortin 4 Federalism and Negative-Sum Games Grant L. Reuber Interchange III Government Strategies and the Constitution 5 The Constitutional Game in Quebec: Options, Interests, Strategies, Outcomes Andre Blais 6 The Future Process of Canadian Constitutional Politics Peter Russell Interchange 7 In Summation Conclusion Contributors Further Reading
Author : Rowland Mans Publisher : London : Institute for the Study of Conflict Page : 32 pages File Size : 52,9 Mb Release : 1978 Category : Canada ISBN : UOM:39015028787649
From Democracy to Judicial Dictatorship in Canada by Patrick Redmond Phd,Douglas a Alderson Ma LLM,C Gwendolyn Landolt Llb Pdf
Canada has been profoundly changed since our Constitution, including the Charter of Rights, came to be patriated in 1982. This took place without any national referendum or public support.The 1982 Patriation caused the transfer of power from the elected federal Parliament and provincial Legislatures which are accountable to the public, to nonelected, unaccountable judges sitting on the Supreme Court of Canada. The judiciary now make, without public input or accountability, fundamental decisions affecting our daily lives.From Democracy to Judicial Dictatorship in Canada reveals how this dramatic change came about. Based on documentary evidence, the authors disclose how Prime Minister Pierre Elliott Trudeau: An ardent socialist, became a member of the Liberal Party of Canada solely to use it as a platform to change Canada's Constitution according to his directions.Had no respect for the elected Members of Parliament, and preferred that elitist appointed judges make fundamental decisions, using the Charter as their tool to reshape Canadian values and society. Engaged in obnoxious behaviour deliberately misleading the public about the purpose and effect of his proposed Charter of Rights.Canadian judges have used the Charter to expand their role and influence, contrary to the clear intent of the drafters of the Charter. Time and again, judges have thrown aside judicial restraint, abandoned legal merit and precedent as the basis of their decisions, and instead have applied their own political ideology in reaching their decisions. They have now become the most powerful individuals in Canadian history.These startling events are examined through a critique of a number of Supreme Court of Canada and lower court cases, and the apparent mentality of the judges who believe that they are personally qualified to decide "what is best for Canadians."This book provides the reader with a three part assessment of our current state of constitutional crisis. The first part is a survey of the politics that went into the 1982 patriation of Canada's Constitution. The second, the loss of Parliamentary sovereignty and the rise of judicial activism. In the third part, the authors make the case that reform is not only necessary but possible. Both the courts and Parliament must actively seek to re-balance their respective roles based on principles of responsible government and electoral accountability, to ensure that Canada, once again, becomes strong and free, rooted in the consent of the governed.
For 150 years, Canada's constitutional order has been both flexible and durable, ensuring peace, order, and good government while protecting the absolute rights at the core of the rule of law. In this era of transnational terrorism and proliferating emergency powers, it is essential to revisit how and why our constitutional order developed particular limits on the government's powers, which remain in force despite war, rebellion, and insurrection. Seven Absolute Rights surveys the historical foundations of Canada's rule of law and the ways they reinforce the Constitution. Ryan Alford provides a gripping narrative of constitutional history, beginning with the medieval and early modern context of Magna Carta, the Petition of Right, and the constitutional settlement of the Glorious Revolution. His reconstruction ends with a detailed examination of two pre-Confederation crises: the rebellions of 1837–38 and the riots of 1849, which, as he demonstrates, provide the missing constitutionalist context to the framing of the British North America Act. Through this accessible exploration of key events and legal precedents, Alford offers a distinct perspective on the substantive principles of the rule of law embedded in Canada's Constitution. In bringing constitutional history to life, Seven Absolute Rights reveals the history and meaning of these long-forgotten protections and shows why they remain fundamental to our freedom in the twenty-first century.
In this book, the authors analyze the unprecedented levels of public support for sovereignty, in the predominantly French-speaking province of Quebec, and speculate if that could lead to the breakup of Canada.
From Democracy to Judicial Dictatorship in Canada by Patrick Redmond,Douglas Alderson,C. Landolt Pdf
FROM DEMOCRACY TOJUDICIAL DICTATORSHIP IN CANADA:THE UNTOLD STORY OF THE CHARTER OF RIGHTSCanada has been profoundly changed since our Constitution, including the Charter of Rights, came to be patriated in 1982. This took place without any national referendum or public support.The 1982 Patriation caused the transfer of power from the elected federal Parliament and provincial Legislatures which are accountable to the public, to nonelected, unaccountable judges sitting on the Supreme Court of Canada. The judiciary now make, without public input or accountability, fundamental decisions affecting our daily lives.From Democracy to Judicial Dictatorship in Canada reveals how this dramatic change came about. Based on documentary evidence, the authors disclose how Prime Minister Pierre Elliott Trudeau: An ardent socialist, became a member of the Liberal Party of Canada solely to use it as a platform to change Canada's Constitution according to his directions.Had no respect for the elected Members of Parliament, and preferred that elitist appointed judges make fundamental decisions, using the Charter as their tool to reshape Canadian values and society. Engaged in obnoxious behaviour deliberately misleading the public about the purpose and effect of his proposed Charter of Rights.Canadian judges have used the Charter to expand their role and influence, contrary to the clear intent of the drafters of the Charter. Time and again, judges have thrown aside judicial restraint, abandoned legal merit and precedent as the basis of their decisions, and instead have applied their own political ideology in reaching their decisions. They have now become the most powerful individuals in Canadian history.These startling events are examined through a critique of a number of Supreme Court of Canada and lower court cases, and the apparent mentality of the judges who believe that they are personally qualified to decide "what is best for Canadians."This book provides the reader with a three part assessment of our current state of constitutional crisis. The first part is a survey of the politics that went into the 1982 patriation of Canada's Constitution. The second, the loss of Parliamentary sovereignty and the rise of judicial activism. In the third part, the authors make the case that reform is not only necessary but possible. Both the courts and Parliament must actively seek to re-balance their respective roles based on principles of responsible government and electoral accountability, to ensure that Canada, once again, becomes strong and free, rooted in the consent of the governed.
Parliamentary Democracy in Crisis by Peter H. Russell,Lorne Sossin Pdf
With a foreword by former Governor General Adrienne Clarkson, Parliamentary Democracy in Crisis brings together journalists, political scientists, and leading constitutional experts to analyse the parliamentary crisis of November 2008 and to discuss the nature of Canada's democracy.
Search for a Nation by Janet Kerr Morchain,John Trent,Mason Wade Pdf
Search for a Nation is an unique resource which explores 10 major crises in French-English Relations from 1759 to 1995. The third edition adds the constitutional crisis from 1982 to 1992, culminating with the defeat of the Meech Lake accords in the national referendum and the very tense and close 1995 Quebec Referendum. Each narrative chapter in the book is supported by a corresponding chapter of carefully chosen and edited primary and secondary sources which illuminate the issues and often provide an immediate sense of the drama of unfolding events. Search for a Nation is an ideal companion to any general history of Canada and essential background for understanding the ongoing debate about the future of Quebec and its relations with the rest of Canada.
Author : Barry L. Strayer Publisher : University of Alberta Page : 360 pages File Size : 48,8 Mb Release : 2013-07-02 Category : History ISBN : 9780888648037
Canada's Constitutional Revolution by Barry L. Strayer Pdf
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.
Canadian Federalism by Harold M. Waller,Filippo Sabetti,Daniel Judah Elazar Pdf
Reprinted with a new introduction, from the winter 1984 issue of PUBLIUS, these 17 articles represent an attempt to assess the state of the Canadian federal system, especially in the wake of the patriation of the Constitution in 1982. While assessments of Canadian political life are certainly not novel, the contributors to this volume examine Canadian Federalism in a broad context while addressing theoretical issues. Co-published with the Center for the Study of Federalism.
