4 Confederation Discussed and Delayed Tragedy in Ottawa
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Discover Canada the Rights and Responsibilities of Citizenship 2 Your Canadian Citizenship Study Guide
STUDY GUIDE Discover Canada The Rights and Responsibilities of Citizenship 2 Your Canadian Citizenship Study Guide Message to Our Readers The Oath of Citizenship Le serment de citoyenneté Welcome! It took courage to move to a new country. Your decision to apply for citizenship is Je jure (ou j’affirme solennellement) another big step. You are becoming part of a great tradition that was built by generations of pioneers I swear (or affirm) Que je serai fidèle before you. Once you have met all the legal requirements, we hope to welcome you as a new citizen with That I will be faithful Et porterai sincère allégeance all the rights and responsibilities of citizenship. And bear true allegiance à Sa Majesté la Reine Elizabeth Deux To Her Majesty Queen Elizabeth the Second Reine du Canada Queen of Canada À ses héritiers et successeurs Her Heirs and Successors Que j’observerai fidèlement les lois du Canada And that I will faithfully observe Et que je remplirai loyalement mes obligations The laws of Canada de citoyen canadien. And fulfil my duties as a Canadian citizen. Understanding the Oath Canada has welcomed generations of newcomers Immigrants between the ages of 18 and 54 must to our shores to help us build a free, law-abiding have adequate knowledge of English or French In Canada, we profess our loyalty to a person who represents all Canadians and not to a document such and prosperous society. For 400 years, settlers in order to become Canadian citizens. You must as a constitution, a banner such as a flag, or a geopolitical entity such as a country. -
JOHN A. MACDONALD the Indispensable Politician
JOHN A. MACDONALD The Indispensable Politician by Alastair C.F. Gillespie With a Foreword by the Hon. Peter MacKay Board of Directors CHAIR Brian Flemming Rob Wildeboer International lawyer, writer, and policy advisor, Halifax Executive Chairman, Martinrea International Inc., Robert Fulford Vaughan Former Editor of Saturday Night magazine, columnist VICE CHAIR with the National Post, Ottawa Jacquelyn Thayer Scott Wayne Gudbranson Past President and Professor, CEO, Branham Group Inc., Ottawa Cape Breton University, Sydney Stanley Hartt MANAGING DIRECTOR Counsel, Norton Rose Fulbright LLP, Toronto Brian Lee Crowley, Ottawa Calvin Helin SECRETARY Aboriginal author and entrepreneur, Vancouver Lincoln Caylor Partner, Bennett Jones LLP, Toronto Peter John Nicholson Inaugural President, Council of Canadian Academies, TREASURER Annapolis Royal Martin MacKinnon CFO, Black Bull Resources Inc., Halifax Hon. Jim Peterson Former federal cabinet minister, Counsel at Fasken DIRECTORS Martineau, Toronto Pierre Casgrain Director and Corporate Secretary of Casgrain Maurice B. Tobin & Company Limited, Montreal The Tobin Foundation, Washington DC Erin Chutter Executive Chair, Global Energy Metals Corporation, Vancouver Research Advisory Board Laura Jones Janet Ajzenstat, Executive Vice-President of the Canadian Federation Professor Emeritus of Politics, McMaster University of Independent Business, Vancouver Brian Ferguson, Vaughn MacLellan Professor, Health Care Economics, University of Guelph DLA Piper (Canada) LLP, Toronto Jack Granatstein, Historian and former head of the Canadian War Museum Advisory Council Patrick James, Dornsife Dean’s Professor, University of Southern John Beck California President and CEO, Aecon Enterprises Inc., Toronto Rainer Knopff, Navjeet (Bob) Dhillon Professor Emeritus of Politics, University of Calgary President and CEO, Mainstreet Equity Corp., Calgary Larry Martin, Jim Dinning Prinicipal, Dr. -
20-4.4 Canadian National Identity
20-4.4 Canadian National Identity National Identity 1. Survey your classmates to find out what being Canadian means to them. Fill out the organizer below. Student’s Name What being a Canadian means to him or her: Share your answers with classmates and create a class poster that illustrates what being Canadian means to students in your class. Knowledge and Employability Studio Social Studies 20-4.4 Canadian National Identity ©Alberta Education, April 2019 (www.LearnAlberta.ca) National Identity 1/11 2. Did the people in your class express different points of view on Canadian identity? Your culture and personal experiences may affect your perspective on what it means to be Canadian. Find out how the different types of Canadians below feel about Canadian identity and fill in the diagram with key words that describe their feelings. First Nations French New Canadians Immigrants Canadian Identity Urban Descendants Dwellers of European Settlers Rural Dwellers Knowledge and Employability Studio Social Studies 20-4.4 Canadian National Identity ©Alberta Education, April 2019 (www.LearnAlberta.ca) National Identity 2/11 3. Choose one of the groups from the previous Use these tools: question or another group and conduct a more thorough investigation of how people in that Getting Started with Research group feel about Canadian identity. Create a Recording Information simple presentation of your findings. If possible, include interviews and quotes. 4. To better understand symbols that promote a collective identity in Canada, follow these steps. Step one: Explain the history and importance of the following symbols of Canadian national identity. The Canadian Coat of Arms The Canadian Flag (Maple Leaf) The Canadian National Anthem (O Canada) Step two: Identify 10 Where to Start on the Web other symbols that promote Canadian https://www.canada.ca/en/canadian- identity and what each heritage/services/official-symbols-canada.html represents. -
Translating the Constitution Act, 1867
TRANSLATING THE CONSTITUTION ACT, 1867 A Legal-Historical Perspective by HUGO YVON DENIS CHOQUETTE A thesis submitted to the Faculty of Law in conformity with the requirements for the degree of Master of Laws Queen’s University Kingston, Ontario, Canada September 2009 Copyright © Hugo Yvon Denis Choquette, 2009 Abstract Twenty-seven years after the adoption of the Constitution Act, 1982, the Constitution of Canada is still not officially bilingual in its entirety. A new translation of the unilingual Eng- lish texts was presented to the federal government by the Minister of Justice nearly twenty years ago, in 1990. These new French versions are the fruits of the labour of the French Constitutional Drafting Committee, which had been entrusted by the Minister with the translation of the texts listed in the Schedule to the Constitution Act, 1982 which are official in English only. These versions were never formally adopted. Among these new translations is that of the founding text of the Canadian federation, the Constitution Act, 1867. A look at this translation shows that the Committee chose to de- part from the textual tradition represented by the previous French versions of this text. In- deed, the Committee largely privileged the drafting of a text with a modern, clear, and con- cise style over faithfulness to the previous translations or even to the source text. This translation choice has important consequences. The text produced by the Commit- tee is open to two criticisms which a greater respect for the prior versions could have avoided. First, the new French text cannot claim the historical legitimacy of the English text, given their all-too-dissimilar origins. -
GEORGE BROWN the Reformer
GEORGE BROWN The Reformer by Alastair C.F. Gillespie With a Foreword by the Hon. Preston Manning Board of Directors Richard Fadden Former National Security Advisor to the Prime Minister and former Deputy Minister of National Defence CHAIR Rob Wildeboer Brian Flemming Executive Chairman, Martinrea International Inc. International lawyer, writer, and policy advisor Robert Fulford VICE CHAIR Former Editor of Saturday Night magazine, columnist with Jacquelyn Thayer Scott the National Post Past President and Professor, Wayne Gudbranson Cape Breton University, Sydney CEO, Branham Group Inc., Ottawa MANAGING DIRECTOR Stanley Hartt Brian Lee Crowley Counsel, Norton Rose LLP SECRETARY Calvin Helin Lincoln Caylor International speaker, best-selling author, entrepreneur Partner, Bennett Jones LLP, Toronto and lawyer. TREASURER Peter John Nicholson Martin MacKinnon Former President, Canadian Council of Academies, Ottawa CFO, Black Bull Resources Inc., Halifax Hon. Jim Peterson Former federal cabinet minister, Counsel at Fasken DIRECTORS Martineau, Toronto Pierre Casgrain Maurice B. Tobin Director and Corporate Secretary of Casgrain the Tobin Foundation, Washington DC & Company Limited Erin Chutter President and CEO of Global Cobalt Corporation Research Advisory Board Laura Jones Janet Ajzenstat Executive Vice-President of the Canadian Federation Professor Emeritus of Politics, McMaster University of Independent Business (CFIB). Brian Ferguson Vaughn MacLellan Professor, Health Care Economics, University of Guelph DLA Piper (Canada) LLP Jack Granatstein Historian and former head of the Canadian War Museum Advisory Council Patrick James Professor, University of Southern California John Beck Rainer Knopff Chairman and CEO, Aecon Construction Ltd., Toronto Professor of Politics, University of Calgary Navjeet (Bob) Dhillon Larry Martin President and CEO, Mainstreet Equity Corp., Calgary Principal, Dr. -
5 Confederation Won Celebration!
063-073 120820 11/1/04 2:34 PM Page 63 Chapter 5 Confederation Won Celebration! With the first dawn of this summer morn- mourning. A likeness of Dr. Tupper is burned ing, we hail the birthday of a new nation. side-by-side with a rat in Nova Scotia. In A united British America takes its place New Brunswick, a newspaper carries a death among the nations of the world. notice on its front page: “Died—at her resi- dence in the city of Fredericton, The Prov- —George Brown ince of New Brunswick, in the 83rd year of her age.” It is 1 July 1867. The church bells start to ring at midnight. Early in the morning guns roar a salute from Halifax in the east to Sarnia in the west. Bonfires and fireworks light up the sky in cities and towns across the new country. It is the birthday of the new Dominion of Canada and the people of Ontario, Québec, New Brunswick, and Nova Scotia are cele- brating. Under blue skies and sunshine, people of all religious faiths gather to offer prayers for the future of the nation. In Toronto, there is a great celebration at the Horticultural Gardens. The gardens are lit with Chinese lanterns. Fresh strawberries and ice cream are served. A concert is followed by dancing. Tickets are 25¢; children’s tickets are 10¢. In another part of the city, a huge ox is roasted and the meat is distributed to the poor. In Québec, boat races on the river, horse races, and a cricket match are held. -
The Crown and the Confederation
I THE CROWN AND THE CONFEDERATION. I . --... +-+-+~.. - T EE LETTE S TO THE HON. JOHN .ALEXANDER McDONALD, BY A BAOKWOODSMAN. Finis Coronat? ~tonfrtttI : JOHN LOVELL, PRINTER, ST. NICHOLAS STREET. 1864. ... The first and second of the followin g Letters are reprinted with a few verbal alterations from the Montreul Gaeette , the th ird nppears III print, for the first time, in th ese pages, .- THE CR,OvVNAND THE CON~1EDERATION. LETTER I. The fVriler introduces h.imself-State of opinion among his neighbors at JJiapleton- Conjusion of ideas as to the term Confederation-Monarchical Confederacies, ancient and modern-Lord Bacon's opinion that Monarchy is founded in the Natural Law - Monarchical elements in British Jimerican population-.J1nalysis thereof: The French Canadian. element " Old Country" element-the descendants of U. E. L oya.lists-The Con- federacv ought to embrace "the three estates." MAPLETON, C. E., Sept. sui, 1864. RESPECTED SIR,-In the ministerial explanations which you gave last June, in your place in Parliament, as to the occasion of that crisis, you were reported to have said that a settlement was to be sought for our constitutional perplexities, " in the well understood principles of Confederation." You will, I am assured from all that is reported of your character, excuse a plain man, wholly out of politics himself (except in so far as every subject of the Queen and spectator of events Inay be said to be interested), for addressing you a few words of commentary on your own text. In justice to what may seem crude or impractical in my style or opinions, I may be permitted to introduce myself as one who has formerly had a good deal of commerce with the world; which lay, howeve~, more with the past generation than the present; whose notions may therefore be open to the imputation of old-fash- 6 ioned, but who has not, if he knows his own heart , lost anything of his early hatred of all oppression, or his early enthusiasm for the happiness and good government of all mankind. -
Annual Statistical Review 2008
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225 Watertight Compartments: Getting Back to the Constitutional Division of Powers I. Introduction
GETTING BACK TO THE CONSTITUTIONAL DIVISION OF POWERS 225 WATERTIGHT COMPARTMENTS: GETTING BACK TO THE CONSTITUTIONAL DIVISION OF POWERS ASHER HONICKMAN* This article offers a fresh examination of the constitutional division of powers. The author argues that sections 91 and 92 of the Constitution Act, 1867 establish exclusive jurisdictional spheres — what the Privy Council once termed “watertight compartments.” This mutual exclusivity is emphasized and reinforced throughout these sections and leaves very little room for legitimate overlap. While some degree of overlap is permissible under this scheme — particularly incidental effects, genuine double aspects, and limited ancillary powers — overlap must be constrained in a principled fashion to comply with the exclusivity principle. The modern trend toward flexibility and freer overlap is contrary to the constitutional text. The author argues that while some deviation from the text is inevitable due to the presumption of constitutionality and stare decisis, the Supreme Court should return to a more exclusivist footing in accordance with the text. TABLE OF CONTENTS I. INTRODUCTION ............................................. 226 II. THE EXCLUSIVITY PRINCIPLE .................................. 227 A. FROM QUEBEC TO THE BRITISH PARLIAMENT ................. 227 B. THE NON OBSTANTE CLAUSE AND THE DEEMING PROVISION ...... 231 C. CONCURRENT POWERS ................................... 234 III. PITH AND SUBSTANCE AND LEGITIMATE OVERLAP ................. 235 A. INTERJURISDICTIONAL IMMUNITY ......................... -
The Judicial Process and Canadian Legislative Powers
Washington University Law Review Volume 25 Issue 2 January 1940 The Judicial Process and Canadian Legislative Powers W. P. M. Kennedy University of Toronto Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Comparative and Foreign Law Commons, and the Constitutional Law Commons Recommended Citation W. P. M. Kennedy, The Judicial Process and Canadian Legislative Powers, 25 WASH. U. L. Q. 215 (1940). Available at: https://openscholarship.wustl.edu/law_lawreview/vol25/iss2/3 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. 19401 CANADIAN LEGISLATIVE POWERS THE JUDICIAL PROCESS AND CANADIAN LEGISLATIVE POWERS W. P. M. KENNEDYt In accepting the honour of writing an article for the WASH- INGTON UNIVERSITY LAW QUARTERLY on some aspect of Canadian constitutional law, I must presume a good deal of knowledge on the part of my readers; otherwise, it would be hard to know where to begin, where to end, what to say, what to omit. For my immediate purposes it will be sufficient to remember that Canada is a federation of nine provinces created by the British North America Act, 1867,1 carrying on its activities in public and private law under that Act and its amendments, under the common law (except in Quebec, where the civil law holds sway), and under the great landmarks of British constitutional law in so far as not modified or changed by validly enacted federal or provincial legislation. -
This Week in New Brunswick History
This Week in New Brunswick History In Fredericton, Lieutenant-Governor Sir Howard Douglas officially opens Kings January 1, 1829 College (University of New Brunswick), and the Old Arts building (Sir Howard Douglas Hall) – Canada’s oldest university building. The first Baptist seminary in New Brunswick is opened on York Street in January 1, 1836 Fredericton, with the Rev. Frederick W. Miles appointed Principal. Canadian Pacific Railway (CPR) becomes responsible for all lines formerly January 1, 1912 operated by the Dominion Atlantic Railway (DAR) - according to a 999 year lease arrangement. January 1, 1952 The town of Dieppe is incorporated. January 1, 1958 The city of Campbellton and town of Shippagan become incorporated January 1, 1966 The city of Bathurst and town of Tracadie become incorporated. Louis B. Mayer, one of the founders of MGM Studios (Hollywood, California), January 2, 1904 leaves his family home in Saint John, destined for Boston (Massachusetts). New Brunswick is officially divided into eight counties of Saint John, Westmorland, Charlotte, Northumberland, King’s, Queen’s, York and Sunbury. January 3, 1786 Within each county a Shire Town is designated, and civil parishes are also established. The first meeting of the New Brunswick Legislature is held at the Mallard House January 3, 1786 on King Street in Saint John. The historic opening marks the official business of developing the new province of New Brunswick. Lévite Thériault is elected to the House of Assembly representing Victoria January 3, 1868 County. In 1871 he is appointed a Minister without Portfolio in the administration of the Honourable George L. Hatheway. -
Constitutional. Reform an the Introductory Clause of Section 91 : Residual and Emergency Law-Making Authority
CONSTITUTIONAL. REFORM AN THE INTRODUCTORY CLAUSE OF SECTION 91 : RESIDUAL AND EMERGENCY LAW-MAKING AUTHORITY K. LYSYK* Vancouver 1 . Introduction . No provision of the British North America Act' has attracted more attention or sparked more controversy among legal commentators than has the introductory clause of section 91, together with its overlay of judicial interpretation . The introductory clause is the enacting portion of section 91 and it provides, with disarming simplicity, that Parliament shall have authority "to make laws for the Peace, Order and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces" . By its terms the clause constitutes a residual category of federal law- making authority. Further, it carries the judicially assigned respon- sibility of providing a constitutional base for the so-called emergency doctrine, the thrust of which is that Parliament may, to meet an emergency, enact laws which in ordinary circumstances would- be beyond its constitutional reach. Both varieties of law-making power-residual and emer- gency-have been the subject of proposals for change in a new or revised Canadian constitution . With respect to residual powers the government of !Quebec has on a number of occasions taken the position that all powers not expressly conferred on the central government ought to be assigned to the provincial legislatures, 2 pointing out that in the case of most other federal constitutions * K. Lysyk, Q.C., of the Faculty of Law; University of British Columbia, Vancouver. ' 1867, 30 & 31 Vict., c. 3, as am.