E Crown and Government Formation: Conventions, Practices, Customs, and Norms
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Core 1..196 Hansard (PRISM::Advent3b2 10.50)
CANADA House of Commons Debates VOLUME 144 Ï NUMBER 025 Ï 2nd SESSION Ï 40th PARLIAMENT OFFICIAL REPORT (HANSARD) Friday, March 6, 2009 Speaker: The Honourable Peter Milliken CONTENTS (Table of Contents appears at back of this issue.) Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1393 HOUSE OF COMMONS Friday, March 6, 2009 The House met at 10 a.m. Some hon. members: Yes. The Speaker: The House has heard the terms of the motion. Is it the pleasure of the House to adopt the motion? Prayers Some hon. members: Agreed. (Motion agreed to) GOVERNMENT ORDERS Mr. Mark Warawa (Parliamentary Secretary to the Minister of the Environment, CPC) moved that Bill C-17, An Act to Ï (1005) recognize Beechwood Cemetery as the national cemetery of Canada, [English] be read the second time and referred to the Standing Committee on Environment and Sustainable Development. NATIONAL CEMETERY OF CANADA ACT He said: Mr. Speaker, I would like to begin by seeking unanimous Hon. Jay Hill (Leader of the Government in the House of consent to share my time. Commons, CPC): Mr. Speaker, momentarily, I will be proposing a motion by unanimous consent to expedite passage through the The Speaker: Does the hon. member have unanimous consent to House of an important new bill, An Act to recognize Beechwood share his time? Cemetery as the national cemetery of Canada. However, before I Some hon. members: Agreed. propose my motion, which has been agreed to in advance by all parties, I would like to take a quick moment to thank my colleagues Mr. -
Reading Ashley Smith
Re: Reading Ashley Smith: Critically Unpacking Government by Discursive Figures of Ashley as Girl Produced in the Smith Case By Rebecca Bromwich A dissertation submitted to the Faculty of Graduate and Postdoctoral Affairs in partial fulfillment of the requirements for the degree of Doctor of Philosophy Carleton University Ottawa, Ontario 2015 © 2015 Rebecca Bromwich Abstract In this dissertation, I explore how Ashley Smith has become socially understood as a “case.” I perform a critical discourse analysis of figures of Ashley Smith as technologies of governance. I argue that the Smith case ought not to be read as a case of anomalous system failure but as an extreme, but foreseeable, result of the routine and everyday brutality of a society and bureaucracies’ necropolitical security apparatus. I map a chronological trajectory in which the “official story” of Inmate Smith gives way through the process of celebritization and sacralization of “Child Ashley” to a widely accepted understanding of Ashley Smith as a mislocated mental health subject: “Patient Smith.” This analysis reveals that seeming progressive turn to understanding her as a victim of a failed system of mental health leaves intact, and even reinforces, logics and systems of gender, security, risk, race thinking and exclusion that make her death and the death of other prisoners predictable. I demonstrate how the logics of risk, mental health and legal discourses in the juridical field intersected with discourses of the girl in ways that made alternative readings and Ashley Smith’s own narration of her story illegible and unwritable. Further, I argue that certain operating logics predetermine the labeling of properly constituted adolescent girls’ noncompliance as madness and adolescent boys’ noncompliance as criminality. -
(Not So) Indefensible Seth Barrett It Llman
Cornell Journal of Law and Public Policy Volume 16 Article 4 Issue 2 Spring 2007 Defending the (Not So) Indefensible Seth Barrett iT llman Follow this and additional works at: http://scholarship.law.cornell.edu/cjlpp Part of the Law Commons Recommended Citation Tillman, Seth Barrett (2007) "Defending the (Not So) Indefensible," Cornell Journal of Law and Public Policy: Vol. 16: Iss. 2, Article 4. Available at: http://scholarship.law.cornell.edu/cjlpp/vol16/iss2/4 This Comment is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Journal of Law and Public Policy by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Reply DEFENDING THE (NOT SO) INDEFENSIBLE Seth Barrett Tillman * INTRODUCTION I should like to thank the editors of the Cornell Journal of Law and Public Policy for making this colloquy possible. Additionally, I thank Professor Aaron-Andrew P. Bruhl for writing a well-informed, extensive, and thoughtful response.1 I find myself sympathetic to many of the points Professor Bruhl makes, but not to all. It is difficult to respond as precisely as one might like to Professor Bruhl's piece because his paper presents a moving target. It purports to defend the "conventional as- sumptions' 2 with regard to the process of statutory lawmaking. But it does not do so exactly. Indeed, it cannot do so because there are, in fact, two distinct sets of conventional views about the statutory lawmaking process. -
New Federal Health Minister: Cabinet Shuffle Recap By: Grant Burns, Public Affairs and Communications Manager
Be in the Know with OBIO… New Federal Health Minister: Cabinet Shuffle Recap By: Grant Burns, Public Affairs and Communications Manager As part of a federal cabinet shuffle announced on Monday, August 28, Canada’s Minister of Health is now Ginette Petitpas Taylor, Member of Parliament from the riding of Moncton—Riverview—Dieppe in New Brunswick. In total, six MPs had their portfolios changed, addressing two issues for the federal government: 1. The Ministry of Indigenous & Northern Affairs was split in two: the previous Minister of Health, Jane Philpott, will now take over the new Ministry of Indigenous Services and Carolyn Bennett will remain responsible for the Ministry of Crown-Indigenous Relations and Northern Affairs. To replace Minister Philpott at Health, it is noteworthy that Ginette Petitpas Taylor was promoted from outside cabinet, where she had been serving as Parliamentary Secretary to Minster of Finance. 2. To fill the vacancy in the Ministry of Public Services & Procurement caused by Min Judy Foote stepping down last week, Carla Qualtrough was promoted from the Ministry of Sport & Persons with Disabilities. To replace her, Kent Hehr was moved out of the Ministry of Veterans Affairs and he was replaced by Seamus O’Regan, who had been the Associate Minister, National Defence. Name New Portfolio Previous Portfolio Notes Ginette Petitpas Taylor, MP Health Parliamentary Secretary, Finance Jane Philpott, MP Indigenous Services Health Carolyn Bennett, MP Crown-Indigenous Relations Indigenous Relations & Northern Affairs Carla Qualtrough, MP Public Services and Procurement Sport and Persons with Disabilities To replace Min Judy Foote who stepped down last week Seamus O'Regan, MP Veterans Affairs National Defence (Associate Minister) Kent Hehr, MP Sport and Persons with Disabilities Veterans Affairs Background Minister Petitpas Taylor has a bachelor’s degree in social work from the Université de Moncton and prior to her election, she was the coordinator for the Victim's Services Program of the local detachment of the Royal Canadian Mounted Police. -
Seeing the Light: Report on Staffed Lighthouses in Newfoundland and Labrador and British Columbia
SEEING THE LIGHT: REPORT ON STAFFED LIGHTHOUSES IN NEWFOUNDLAND AND LABRADOR AND BRITISH COLUMBIA Report of the Standing Senate Committee on Fisheries and Oceans The Honourable Fabian Manning, Chair The Honourable Elizabeth Hubley, Deputy Chair October 2011 (first published in December 2010) For more information please contact us by email: [email protected] by phone: (613) 990-0088 toll-free: 1 800 267-7362 by mail: Senate Committee on Fisheries and Oceans The Senate of Canada, Ottawa, Ontario, Canada, K1A 0A4 This report can be downloaded at: http://senate-senat.ca Ce rapport est également disponible en français. MEMBERSHIP The Honourable Fabian Manning, Chair The Honourable Elizabeth Hubley, Deputy Chair and The Honourable Senators: Ethel M. Cochrane Dennis Glen Patterson Rose-Marie Losier-Cool Rose-May Poirier Sandra M. Lovelace Nicholas Vivienne Poy Michael L. MacDonald Nancy Greene Raine Donald H. Oliver Charlie Watt Ex-officio members of the committee: The Honourable Senators James Cowan (or Claudette Tardif) Marjory LeBreton, P.C. (or Claude Carignan) Other Senators who have participated on this study: The Honourable Senators Andreychuk, Chaput, Dallaire, Downe, Marshall, Martin, Murray, P.C., Rompkey, P.C., Runciman, Nancy Ruth, Stewart Olsen and Zimmer. Parliamentary Information and Research Service, Library of Parliament: Claude Emery, Analyst Senate Committees Directorate: Danielle Labonté, Committee Clerk Louise Archambeault, Administrative Assistant ORDER OF REFERENCE Extract from the Journals of the Senate, Sunday, June -
Narrowing the Presidential Recess Appointment Power in Nlrb V. Noel Canning
SAINT LOUIS UNIVERSITY SCHOOL OF LAW RECESS IS OVER: NARROWING THE PRESIDENTIAL RECESS APPOINTMENT POWER IN NLRB V. NOEL CANNING The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.1 INTRODUCTION Recently, the Recess Appointments Clause2 (the Clause) has engendered substantial controversy in the legal and political world. In the case of NLRB v. Noel Canning,3 the Clause was the center of one of the United States Supreme Court’s most high profile cases in its October 2013 term. The case was of great interest to many, not only because it presented a matter of first impression to the Court on a constitutional issue, but also because it pitted a small company against the Executive Branch in a battle over presidential power. In Noel Canning, the Supreme Court held that certain recess appointments made by President Barack Obama in 2011 were invalid because the President had overstepped the power given to him under the Clause. In so doing, the Court upheld the judgments of most United States Circuit Courts of Appeal that had ruled on the issue. However, while the circuit courts took a narrow view of the President’s power to make recess appointments, the Supreme Court interpreted the Clause “practically” and took a broader view. The Court issued three holdings. First, “the Recess,” as used in the Clause, referred to Senate breaks occurring within single sessions of the Senate known as “intrasession” recesses, as well as to breaks occurring between two formal Senate sessions, known as “intersession” recesses. -
May 12,2A19 Jean-Marie David, Clerk of the Committee Standing
May 12,2A19 Jean-Marie David, Clerk of the Committee Standing Committee on National Defence Sixth Floor, 131 Queen Street House of Commons Ottawa ON KlA OAG Canada Dear CIerk, Pursuant to Standing Order 106(4), we request that the Standing Gommittee on National Defence be reconvened within five days to examine the matter ol the government's conduct in the investigation and prosecution of Vice-Admiral Mark Norman. The Prime Minister on numerous occasions prejudiced the conduct of this matter by inappropriately anticipating that the RCMP's investigation would result in a prosecution. This suggests that he and his cabinet had inappropriate access to information regarding an independent criminal proceeding. It is also clear that the government tried to politically interfere in a shipbuilding contract. When this came to light he reacted by smearing the reputation of a highly respected navalofficer. This has had a deleterious effect on the morale of the Canadian Armed Forces. Should the Committee agree to study these troubling developments at an emergency meeting next week, we would be prepared to move the following motion: That, the Committee invite the fotlowing yyilnesses to appear: a. Vice-Admiral Mark Norman; b. Prime Minister Justin Trudeau; c. Minister of NationalDefence Harjit Sajjan; d. Minister of Justice David Lametti; e. Minister of Public Safety Ralph Goodale; f . Minister af Public Services and Procurement Carla Qualtrough; g. Former President of the Treasury Board Scott Brison; h. Former Minister of Public Seruices and Procurement Judy Foote; i. Chief of Detence Staff Jonathan Vance; i. Former Clerk of the Pivy Council Michael Wernick; k. -
Constitutional Crises Compared: Impeachment, Brexit, and Executive Accountability
Emory International Law Review Volume 35 Issue 3 2021 Constitutional Crises Compared: Impeachment, Brexit, and Executive Accountability René Reyes Follow this and additional works at: https://scholarlycommons.law.emory.edu/eilr Part of the International Law Commons Recommended Citation René Reyes, Constitutional Crises Compared: Impeachment, Brexit, and Executive Accountability, 35 Emory Int'l L. Rev. 441 (2021). Available at: https://scholarlycommons.law.emory.edu/eilr/vol35/iss3/3 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory International Law Review by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. REYES2_4.8.21 4/21/2021 2:31 PM CONSTITUTIONAL CRISES COMPARED: IMPEACHMENT, BREXIT, AND EXECUTIVE ACCOUNTABILITY René Reyes ABSTRACT The United States and the United Kingdom share a common legal history and a number of fundamental constitutional values. Some of these fundamental values may occasionally come into conflict. For example, in 2019, both the United States and the United Kingdom experienced considerable legal and political upheaval as debates over the scope of executive power and the accountability of the executive branch came to the fore. In the United States, these debates culminated in the impeachment of President Donald Trump for abuse of power and obstruction of Congress. In the United Kingdom, the furor focused on Prime Minister Boris Johnson’s approach to Brexit and his attempt to prorogue Parliament. The impeachment drama and the Brexit saga were so severe that each was frequently referred to as a “constitutional crisis” in the popular press and public discourse. -
Of Dissolution, Prorogation, and Constitutional Law, Principle and Convention: Maintaining Fundamental Distinctions During a Parliamentary Crisis
Of Dissolution, Prorogation, and Constitutional Law, Principle and Convention: Maintaining Fundamental Distinctions during a Parliamentary Crisis Warren J. Newman* 1. INTRODUCTION The preamble to the Constitution Act, 1867, declares that Canada is to have “a Constitution similar in Principle to that of the United Kingdom”, which thus in- cludes a constitutional monarchy and a system of parliamentary and responsible government. The law of the Constitution of Canada is to be found primarily in the provisions of the Constitution Acts, as well as the rules of the common law and the royal letters patent relating to the exercise of the Crown’s prerogatives. The con- ventions of the Constitution are rules of conduct, informed by principle and prece- dent, which govern the exercise of legal power by constitutional and political ac- tors. The distinction between the legal and the conventional rules of constitutional behaviour are fundamental to our system of government, as the conventional rules are not enforceable by the courts, since they are not rules of law. This distinction guides us, from the standpoint of the separation of powers, as to the appropriate role of the courts and the legitimate purview of constitutional judicial review. It also assists in delineating the boundaries of the competency of constitutional law- yers and other constitutional experts such as historians and political scientists, respectively. On September 7, 2008, the Governor General of Canada, Her Excellency Micha¨elle Jean, issued a proclamation dissolving the 39th Parliament. The dissolu- tion was on the advice of the Prime Minister, the Right Honourable Stephen Harper. The Governor General also signed the proclamation issuing election writs, which set the polling date for a general election to be held on October 14, as well as a proclamation summoning Parliament to meet in November. -
FEDERAL GOVERNMENT Quick Reference Guide: Key Officials and Opposition Critics
FEDERAL GOVERNMENT Quick Reference Guide: Key Officials and Opposition Critics www.ibewcanada.ca Page 1 Revised March 7, 2017 PARLIMENTARY DEPUTY CONSERVATIVE MINISTRY MINISTER CHIEF OF STAFF NDP CRITIC ASSISTANT MINISTER CRITIC PRIME MINISTER OF CANADA Rt. Hon Justin Trudeau Katie Telford Ruth Ellen Agriculture and Agri-Food Hon. Lawrence MacAulay Mary Jean McFall Jean-Claude Poissant Andrea Lyon David Anderson Brosseau Arif Virani Canadian Heritage Hon. Mélanie Joly Leslie Church (Multiculturism) Graham Flack Peter Van Loan Pierre Nantel Sean Casey Democratic Institutions Hon. Karina Gould Maxime Dea Andy Fillmore Scott Reid Nathan Cullen Employment Workforce Development and Sheri Benson Hon. Patricia Hajdu Matthew Mitschke Rodger Cuzner Lori Sterling Peter Poilievre Labour (Labour) Environment and Climate Change Hon. Catherine McKenna Marlo Raynolds Jonathan Wilkinson Lucas Stephens Edward Fast Linda Duncan Brigitte Families, Children and Social Development Hon. Jean-Yves Duclos Josee Duplessis Adam Vaughn Karen Vecchio Sansoucy Alexandre Finance Hon. Bill Morneau Richard Maksymetz Ginette Petitpas Taylor Paul Rochon Gérard Deltell Boulerice Fisheries and Oceans, and Canadian Hon. Dominic Leblanc Vince MacNeil Terry Beech Catherine Blewett Todd Doherty Fin Donnelly Coastguard Omar Alghabra (Consular Affairs) Hélène Foreign Affairs Hon. Chrystia Freeland Jeremy Broadhurst Andrew Leslie(Cda-US Ian Shugart Peter Kent Laverdière Relations) Matt DeCourcey Health Hon. Jane Philpott Genevieve Hinse Joël Lightbound Simon Kennedy Colin Carrie Don Davies Immigration, Refugees and Citizenship Hon. Ahmed Hussen Mathieu Belanger Serge Cormier Marta Morgan Michelle Rempel Jenny Kwan Romeo Indigenous and Northern Affairs Hon. Carolyn Bennett Rick Theis Yvonne Jones Hélène Laurendeau Cathy McLeod Saganash Jean-Francois Infrastructure and Communities Hon. Amarjeet Sohi John Brodhead Marc Miller Dianne Watts Rachel Blaney Tremblay Innovation, Science and Economic Development Hon. -
The Original Meaning of Recess
THE ORIGINAL MEANING OF RECESS David J. Arkush* ABSTRACT This Article reevaluates the original meaning of “recess” in the Recess Appointments Clause. The dominant view of that word holds that it refers only to breaks between official Senate sessions. By identifying new evidence and correcting mistaken interpretations, this Article finds support only for the conclusion that the original public meaning of “recess” was ordinary and broad, referring to any time when a legislative body is not conducting business. The evidence does not support any particular limitation on recesses, although it does not rule out the possibility that one existed. For those seeking to limit “recess,” the Article poses four reasonable nonoriginalist limiting constructions. It also considers whether the divergence in views on “recess” can be attributed to methodological differences among originalists and finds that explanation improbable. Finally, the Article makes two general points that arise from its analysis: it may be more difficult than is widely appreciated to establish a specialized original meaning, and scholars making originalist claims should provide clear accounts of the scope and limitations of their research. TABLE OF CONTENTS INTRODUCTION ............................................................................. 163 I. THE ORDINARY READING OF RECESS ......................................... 169 A. Ordinary Reading: Text and Structure ............................. 169 1. Text: Dictionary Evidence and Interpretive Default Rules ................................................................... 169 2. Structure: The Rules of Proceedings Clause, the Senate Vacancy Clause, and the Textual Distinction Between * Visiting Assistant Professor, University of Richmond School of Law. J.D., Harvard Law School, 2003. This Article was written before the Supreme Court decided Noel Canning. It has been updated to comment briefly on the decision. -
Canada Archives Canada Published Heritage Direction Du Branch Patrimoine De !'Edition
Making Waves: Women in Newfoundland Politics by Raylene A. Lang A thesis submitted to the School of Graduate Studies in partial fulfillment of the requirements for the degree of Master of Arts Political Science Memorial University of Newfoundland November 2005 St. John's Newfoundland Library and Bibliotheque et 1+1 Archives Canada Archives Canada Published Heritage Direction du Branch Patrimoine de !'edition 395 Wellington Street 395, rue Wellington Ottawa ON K1A ON4 Ottawa ON K1A ON4 Canada Canada Your file Votre reference ISBN: 978-0-494-19377-8 Our file Notre reference ISBN: 978-0-494-19377-8 NOTICE: AVIS: The author has granted a non L'auteur a accorde une licence non exclusive exclusive license allowing Library permettant a Ia Bibliotheque et Archives and Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par !'Internet, preter, telecommunication or on the Internet, distribuer et vendre des theses partout dans loan, distribute and sell theses le monde, a des fins commerciales ou autres, worldwide, for commercial or non sur support microforme, papier, electronique commercial purposes, in microform, et/ou autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve Ia propriete du droit d'auteur ownership and moral rights in et des droits moraux qui protege cette these. this thesis. Neither the thesis Ni Ia these ni des extraits substantiels de nor substantial extracts from it celle-ci ne doivent etre imprimes ou autrement may be printed or otherwise reproduits sans son autorisation.