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Alternative North Americas: What Canada and The
ALTERNATIVE NORTH AMERICAS What Canada and the United States Can Learn from Each Other David T. Jones ALTERNATIVE NORTH AMERICAS Woodrow Wilson International Center for Scholars One Woodrow Wilson Plaza 1300 Pennsylvania Avenue NW Washington, D.C. 20004 Copyright © 2014 by David T. Jones All rights reserved. No part of this book may be reproduced, scanned, or distributed in any printed or electronic form without permission. Please do not participate in or encourage piracy of copyrighted materials in violation of author’s rights. Published online. ISBN: 978-1-938027-36-9 DEDICATION Once more for Teresa The be and end of it all A Journey of Ten Thousand Years Begins with a Single Day (Forever Tandem) TABLE OF CONTENTS Introduction .................................................................................................................1 Chapter 1 Borders—Open Borders and Closing Threats .......................................... 12 Chapter 2 Unsettled Boundaries—That Not Yet Settled Border ................................ 24 Chapter 3 Arctic Sovereignty—Arctic Antics ............................................................. 45 Chapter 4 Immigrants and Refugees .........................................................................54 Chapter 5 Crime and (Lack of) Punishment .............................................................. 78 Chapter 6 Human Rights and Wrongs .................................................................... 102 Chapter 7 Language and Discord .......................................................................... -
Carissima Mathen*
C h o ic es a n d C o n t r o v e r sy : J udic ia l A ppointments in C a n a d a Carissima Mathen* P a r t I What do judges do? As an empirical matter, judges settle disputes. They act as a check on both the executive and legislative branches. They vindicate human rights and civil liberties. They arbitrate jurisdictional conflicts. They disagree. They bicker. They change their minds. In a normative sense, what judges “do” depends very much on one’s views of judging. If one thinks that judging is properly confined to the law’s “four comers”, then judges act as neutral, passive recipients of opinions and arguments about that law.1 They consider arguments, examine text, and render decisions that best honour the law that has been made. If judging also involves analysis of a society’s core (if implicit) political agreements—and the degree to which state laws or actions honour those agreements—then judges are critical players in the mechanisms through which such agreement is tested. In post-war Canada, the judiciary clearly has taken on the second role as well as the first. Year after year, judges are drawn into disputes over the very values of our society, a trend that shows no signs of abating.2 In view of judges’ continuing power, and the lack of political appetite to increase control over them (at least in Canada), it is natural that attention has turned to the process by which persons are nominated and ultimately appointed to the bench. -
Ujjal Dosanjh: B.C.'S Indian-Born Premier
Contents Ujjal Dosanjh: B.C.'s Indian-Born Premier In an attempt to hang onto power and to stage a comeback in the court of public opinion after the resignation of Glen Clark, the beleaguered NDP government of British Columbia picks Ujjal Dosanjh as party leader and premier. The former attorney general of the province was selected following a process that itself was not without controversy. As a Canadian pioneer, Dosanjh becomes the first Indian-born head of government in Canada. A role model as well, the new premier has traveled far to a nation that early in the 1900s restricted Indian immigration by an order-in-council. Ironically, Dosanjh, no stranger to controversy and personal struggle, is the grandson of a revolutionary who was jailed by the British during India s fight for independence. Introduction The Ethnic Question A Troublesome Inheritance An Experiential Education The Visible Majority Multiculturalism in Canada Racial History in Canada Discussion, Research, and Essay Questions Comprehensive News in Review Study Modules Using both the print and non-print material from various issues of News in Review, teachers and students can create comprehensive, thematic modules that are excellent for research purposes, independent assignments, and small group study. We recommend the stories indicated below for the universal issues they represent and for the archival and historic material they contain. Vander Zalm: A Question of Accountability, May 1991 Glen Clark: Mandate Squandered? October 1999 Other Related Videos Available from CBC Learning Does Your Resource Collection Include These CBC Videos? Skin Deep: The Science of Race Who Is A Real Canadian? Introduction Ujjal Dosanjh: B.C.'s Indian-Born Premier On February 19, 2000, political history was made in British Columbia when the New Democratic Party chose Ujjal Dosanjh to be its new leader, and as a result, for the first time in Canada, an Indo-Canadian became head of government in a provincial legislature. -
The Rt. Hon. Antonio Lamer, Chief Justice of Canada and of the Supreme Court of Canada, Is Pleased to Welcome Mr
SUPREME COURT OF CANADA PRESS RELEASE OTTAWA, January 8,1998 -- The Rt. Hon. Antonio Lamer, Chief Justice of Canada and of the Supreme Court of Canada, is pleased to welcome Mr. Justice Ian Binnie to the Court. He stated: “I am very pleased that in the legacy of our late colleague, John Sopinka, another member of the Court has been selected directly from the legal profession. It is important that this Court always be aware of the realities of the practising Bar so that we do not lose sight of the practical effect of our judgments. I am sure that Mr. Justice Binnie, who is counsel of the highest standing in the profession, will make a very valuable and lasting contribution to this Court.” Chief Justice Lamer spoke to Mr. Justice Binnie this morning to congratulate him on his appointment. Mr. Justice Binnie has indicated that he will be available to commence his duties at the Court as of the 26th of January. However, he will not be sitting that week, nor during the two following weeks as the Court is in recess, in order that he may prepare for the Quebec Reference case which will proceed, as scheduled, during the week of February 16th. Mr. Justice Binnie’s swearing-in will take place on February 2, 1998 at 11:00 a.m. in the main courtroom. Ref.: Mr. James O’Reilly Executive Legal Officer (613) 996-9296 COUR SUPRÊME DU CANADA COMMUNIQUÉ DE PRESSE OTTAWA, le 8 janvier 1998 -- Le très honorable Antonio Lamer, Juge en chef du Canada et de la Cour suprême du Canada, a le plaisir d’accueillir M. -
Transgressing the Division of Powers: the Case of the James Bay and Northern Quebec Agreement
Transgressing the Division of Powers: The Case of the James Bay and Northern Quebec Agreement Christa Scholtz and Maryna Polataiko Abstract In 1975, the Bourassa government received legal advice that the James Bay Northern Quebec Agreement exceeded provincial jurisdiction. Legal counsel advised the constitutionality of the Agreement be secured through formal constitutional amendment. No such amendment was sought. Based on authorized access to Premier Bourassa’s archived dossier on the Agreement’s negotiation, this article sets out the following: 1) why the provincial government sought to encroach on federal juris- diction; 2) the strategic means employed to insulate the Agreement from s. 91(24) litigation; and 3) provincial negotiators’ views on how judges would approach the Agreement going forward. This article confirms theoretical expectations about when governments might coordinate to transgress federalism’s division of powers: a high probability that courts would find a transgression occurred, and a high political cost should governments not coordinate on a transgression strategy. Keywords: federalism, James Bay and Northern Quebec Agreement, constitutional law, division of powers, judicial politics, bargaining Résumé En 1975, le gouvernement de Robert Bourassa a reçu un avis juridique qui stipulait que la Convention de la baie James et du Nord québécois transcendait les compétences provinciales. Le conseiller juridique a donc recommandé de garantir la constitutionnalité de cette Convention au moyen d’un amendement constitutionnel -
Reforming the Supreme Court Appointment Process, 2004-2014: a 10-Year Democratic Audit 2014 Canliidocs 33319 Adam M
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 67 (2014) Article 4 Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit 2014 CanLIIDocs 33319 Adam M. Dodek Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Dodek, Adam M.. "Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 67. (2014). http://digitalcommons.osgoode.yorku.ca/sclr/vol67/iss1/4 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit* Adam M. Dodek** 2014 CanLIIDocs 33319 The way in which Justice Rothstein was appointed marks an historic change in how we appoint judges in this country. It brought unprecedented openness and accountability to the process. The hearings allowed Canadians to get to know Justice Rothstein through their members of Parliament in a way that was not previously possible.1 — The Rt. Hon. Stephen Harper, PC [J]udicial appointments … [are] a critical part of the administration of justice in Canada … This is a legacy issue, and it will live on long after those who have the temporary stewardship of this position are no longer there. -
Public Accounts of the Province of Ontario for the Year Ended March
PUBLIC ACCOUNTS, 1995-96 33 MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS Hon. Noble Villeneuve, Minister Hon. Elmer Buchanan, Minister DETAILS OF EXPENDITURE Voted Salaries and Wages ($81,508,038) jmporary Help Services ($1,043,045): Management Board Secretariat, 947,087; Legislative Assembly, 60,238; Accounts under $50,000—35,720. lyments to Other Ministries ($59,919): Accounts under $50,000—59,919. ;ss: Recoveries from Other Ministries ($365,326): Environment and Energy, 365,326. Employee Benefits ($13,158,626) lyments for: Canada Pension Plan, 1,574,099; Dental Plan, 930,612; Employer Health Tax, 1,632,425; Group Life Insurance, 168,215; Long Term Income Protection, 972,131; Ontario Public Service Employees' Union Pension Fund/Public Service Pension Fund, 1,754,418; Supplementary Health and Hospital Plan, 1,017,613; Unemployment Insurance, 2,873,853. ther Benefits: Attendance Gratuities, 120,204; Death Benefits, 3,195; Early Retirement Incentive, 110,432; Maternity/Parental/Adoption Leave Allowances, 546,162; Severance Pay, 972,478; Miscellaneous Benefits, 40,295. orkers' Compensation Board, 352,958. lyments to Other Ministries ($89,536): Management Board Secretariat, 75,310; Accounts under $50,000— 14,226. Travelling Expenses ($4,064,025) on. Noble Villeneuve, 11,194; Hon. Elmer Buchanan, 592; K. Knox, 6,820; R. Burak, 528; D.K. Alles, 10,977; P.M. Angus, 10,276; D. Beattie, 18,535; D.A. Bierworth, 11,123; J.R. Bird, 13,998; J.L. dishing, 16,451; J.R. Dalrymple, 10,621; P. Dick, 12,242; EJ. Dickson, 17,477; R.E. Forrest, 13,487; R. Fortin, 13,215; JJ. -
Children: the Silenced Citizens
Children: The Silenced Citizens EFFECTIVE IMPLEMENTATION OF CANADA’S INTERNATIONAL OBLIGATIONS WITH RESPECT TO THE RIGHTS OF CHILDREN Final Report of the Standing Senate Committee on Human Rights The Honourable Raynell Andreychuk Chair The Honourable Joan Fraser Deputy Chair April 2007 Ce document est disponible en français. This report and the Committee’s proceedings are available online at www.senate-senat.ca/rights-droits.asp Hard copies of this document are available by contacting the Senate Committees Directorate at (613) 990-0088 or by email at [email protected] Membership Membership The Honourable Raynell Andreychuk, Chair The Honourable Joan Fraser, Deputy Chair and The Honourable Senators: Romeo Dallaire *Céline Hervieux-Payette, P.C. (or Claudette Tardif) Mobina S.B. Jaffer Noël A. Kinsella *Marjory LeBreton, P.C. (or Gerald Comeau) Sandra M. Lovelace Nicholas Jim Munson Nancy Ruth Vivienne Poy *Ex-officio members In addition, the Honourable Senators Jack Austin, George Baker, P.C., Sharon Carstairs, P.C., Maria Chaput, Ione Christensen, Ethel M. Cochrane, Marisa Ferretti Barth, Elizabeth Hubley, Laurier LaPierre, Rose-Marie Losier-Cool, Terry Mercer, Pana Merchant, Grant Mitchell, Donald H. Oliver, Landon Pearson, Lucie Pépin, Robert W. Peterson, Marie-P. Poulin (Charette), William Rompkey, P.C., Terrance R. Stratton and Rod A. Zimmer were members of the Committee at various times during this study or participated in its work. Staff from the Parliamentary Information and Research Service of the Library of Parliament: -
“Canada” on the Supreme Court in 2016
DRAFT | CPSA 2017 Please don’t cite without permission Competing Diversities: Representing “Canada” on the Supreme Court in 2016 Erin Crandall | Acadia University Robert Schertzer | University of Toronto The Supreme Court oF Canada’s (SCC) inFluence on politics and public policy – from deciding human rights cases to adjudicating Federal-provincial disputes – has long placed it in the spotlight oF political actors and watchers alike. Seeing the Court as activist or restrained, as siding with the Federal government or as balanced in its Federalism case law, as anti-democratic or the guardian oF the constitution, are all hallmarks oF the debate about its place in Canadian politics. Underpinning these debates is an often-critical focus on the justices’ themselves, the process by which they are selected, and the virtually unFettered power Prime Ministers have had in appointing individuals to the bench. In August 2016, Prime Minister Justin Trudeau clearly established his position within this debate by announcing a new way to choose SCC justices. Along with promoting more transparency and accountability in the process, the key elements oF Trudeau’s proposed reForms were to ensure that all future justices were functionally bilingual and that they represent the diversity of Canada (see Trudeau 2016b). In line with these new objectives, one oF the First things Trudeau highlighted in his announcement was a willingness to break with the convention of regional representation on the bench and move toward an open application process. With the upcoming retirement of Nova Scotia Justice Thomas Cromwell in September 2016, questions immediately emerged as to whether the government would deviate from the tradition of having one of the nine justices on the SCC come from Atlantic Canada. -
The Law & Canada's Indigenous Peoples
May/June 2015 Circumpolar Inuit Declaration Its Tough to be a Judge The Law & Canada’s Indigenous Peoples Vol 39-5: The Law and Canada’s Indigenous Peoples Table of Contents Featured Articles: The Law and Canada’s Indigenous Peoples Special Report: Tough Decisions Departments Columns Featured Articles: The Law and Canada’s Indigenous Peoples The Inuit live in Canada, Greenland, Russia, Denmark, and Alaska. They are a proud Indigenous people who have been living in the Arctic since time immemorial. Inuit Rights to the Arctic Senator Charlie Watt Where others might see empty space, we see our traditional homeland, the inheritance we will leave for our children. An Introduction to Inuit Rights and Arctic Sovereignty Robin Campbell What cannot be forgotten in the focus on State sovereignty over the Arctic are the rights of the Indigenous peoples. 1 A Circumpolar Inuit Declaration on Sovereignty in the Arctic This document is a fascinating look at the history, perspectives and aspirations of the Inuit people. The Indian Act: Can it Be Abolished? John Edmond Whatever its limitations, the Indian Act is hardly that of 1876. But modern proposals for change seem always to fail. Special Report: Tough Decisions Medical Care and Children: Law, Ethics and Emotions Collide Charles Davison Canadian judges must sometimes make heart-wrenching decisions about children, medical care and even the removal of life support. Essential Services and the Right to Strike Matthew Gordon To workers in jobs classified as essential, the right to strike might seem essential! A Judge Balances Controversy with Compassion Teresa Mitchell A Nova Scotia judge reached out to the families of the murdered and the murderer to address their pain. -
Mcgill's FACULTY of LAW: MAKING HISTORY
McGILL’S FACULTY OF LAW: MAKING HISTORY FACULTÉ DE DROIT FACULTY OF LAW Stephen Smith Wins Law’s Fourth Killam Comité des jeunes diplômés : dix ans déjà! Breaking the Language Barrier: la Facultad habla español Boeing Graduate Fellowships Take Flight Une année dynamique pour les droits de la personne CREDITS COVER (clockwise from top): the 2007-2008 Legal Methodology teaching assistants; three participants at the International Young Leaders Forum (p. 27); James Robb with friends and members of the Faculty Advisory EDITORIAL ADVISORY BOARD Board (p. 10); Killam winners Stephen Scott, H. Patrick Glenn and Roderick Macdonald (p. 22); announcement of the Boeing Fellowships (p. 13); Human Rights Working Group letter-writing campaign (p. 6). Derek Cassoff Jane Glenn Diana Grier Ayton Toby Moneit-Hockenstein RÉDACTRICE EN CHEF Lysanne Larose EDITOR Mark Ordonselli 01 Mot du doyen CONTRIBUTORS 03 Student News and Awards Andrés J. Drew Nicholas Kasirer 06 A Lively Year for the Human Lysanne Larose Rights Working Group Maria Marcheschi 06 Seven Years of Human Rights Neale McDevitt Internships Toby Moneit-Hockenstein Mark Ordonselli 08 The Career Development Jennifer Smolak Office and You WHERE ARE OUR Pascal Zamprelli 09 Dix ans déjà! ALUMNI-IN-LAW? CORRECTEUR D’ÉPREUVE 10 The James Robb Award Peter Pawelek 11 Les Prix F.R. Scott de service PHOTOGRAPHERS exemplaire Claudio Calligaris Owen Egan 12 New Hydro-Québec Scholars Paul Fournier in Sustainable Development Kyle Gervais 13 Boeing Gives Legal Lysanne Larose Maria Marcheschi Scholarship Wings -
Federal Court Cour Fédérale
Federal Court Cour fédérale THE HONOURABLE SEAN J. HARRINGTON THE FEDERAL COURTS JURISDICTION CONFERENCE STEERING COMMITTEE PERSONAL REMINISCENCES At our Jurisdiction Conference Steering Committee meeting, held on Thursday, 22 July 2010, it was agreed that we should focus on the present and the future. However, it was also thought that some mention should be made of the original raison d’être of our courts and their history. As Chief Justice Lutfy is fond of pointing out, Mr. Justice Hughes and I are probably the only two sitting judges who not only appeared in the courts from day one, but also appeared in the Exchequer Court! This got me to thinking how important the Federal Courts were in my practice, and gave me a bad case of nostalgia. Maritime law has always been my speciality (although my first appearance in the Exchequer Court was before President Jackett on an Anti-Combines matter). The Federal Court had many advantages over provincial courts. Its writ ran nationwide. Cargo might be discharged in one province and delivered in another. Provincial courts were less prone at that time to take jurisdiction over defendants who could not be personally served within the jurisdiction. Provincial bars were very parochial, and in the days before inter-provincial law firms, if it were not for the Federal Court, maritime players and their underwriters sometimes had to hire two or more different law firms to pursue what was essentially one cause of action. Doc: Federal Courts_Personal Reminiscences_SJH_18-Aug-10.doc Page: 1 The Crown was a much bigger player in maritime matters in the 1970s.