Patriation and Its Consequences

Patriation and Its Consequences PDF Author: Lois Harder
Publisher: UBC Press
ISBN: 0774828641
Category : Political Science
Languages : en
Pages : 357

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Book Description
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.

Canada's Constitutional Revolution

Canada's Constitutional Revolution PDF Author: Barry L. Strayer
Publisher: University of Alberta
ISBN: 0888646879
Category : History
Languages : en
Pages : 360

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Book Description
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.

Questions of Order

Questions of Order PDF Author: Peter Price
Publisher: University of Toronto Press
ISBN: 1487522185
Category : History
Languages : en
Pages : 263

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Book Description
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.

Canada’s Surprising Constitution

Canada’s Surprising Constitution PDF Author: Howard Kislowicz
Publisher: UBC Press
ISBN: 0774870079
Category : Law
Languages : en
Pages : 442

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Book Description
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.

Voicing Identity

Voicing Identity PDF Author: John Borrows
Publisher: University of Toronto Press
ISBN: 1487544693
Category : Social Science
Languages : en
Pages : 262

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Book Description
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.

Contested Constitutionalism

Contested Constitutionalism PDF Author: James B. Kelly
Publisher: UBC Press
ISBN: 0774858893
Category : Law
Languages : en
Pages : 335

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Book Description
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.

The Oxford Handbook of the Canadian Constitution

The Oxford Handbook of the Canadian Constitution PDF Author: Peter Oliver
Publisher: Oxford University Press
ISBN: 0190664827
Category : Law
Languages : en
Pages : 1169

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Book Description
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 Federal Reporter

The Federal Reporter PDF Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1090

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Book Description
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.

Israel Digest

Israel Digest PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 530

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Book Description


Changing States, Changing Nations

Changing States, Changing Nations PDF Author: Andrew McDonald
Publisher: Bloomsbury Publishing
ISBN: 150992874X
Category : Law
Languages : en
Pages : 256

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Book Description
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.