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The Social Contract
The Social Contract Expression Graphics | March 2013 University of Western Ontario (London, Ontario) The sole responsibility for the content of this publication lies with the authors. Its contents do not reflect the opinion of the University Students’ Council of the University of Western Ontario (“USC”). The USC assumes no responsibility or liability for any error, inaccuracy, omission or comment contained in this publication or for any use that may be made of such information by the reader. -1- Table of Contents Preface 3 Letter from the Editor 4 Editorial Board and Staff 5 Special Thanks 6 POLITICAL THEORY War in the Name of Humanity: Liberal Cosmopolitanism and the Depoliticization 9 of the War on Terror by Monica Kozycz Restitutive Justice: The Key to Social Equality by Philip Henderson 23 INTERNATIONAL RELATIONS Vacillating on Darfur: Achieving Peace and Security in Sudan’s Forsaken West 34 by Larissa Fulop Symbol or Strategic Constraint?: The Implications of the EU Arms Embargo 49 for EU-China Relations and China’s Strategy by Ross Linden-Fraser COMPARATIVE POLITICS Mandatory Minimum Drug Sentences by Robert Salvatore Powers 68 CANADIAN POLITICS The Fight to Regain Indigenous Self-Determination in Canada by Philip Henderson 82 AMERICAN POLITICS American Constitutionalism and International Human Rights: A Legal Perspective 94 by Jeremy Luedi BUSINESS AND GOVERNANCE New Public Management, Public-Private Partnerships and Ethical Conflicts 111 for Civil Servants by André Paul Wilkie Implications of Right-to-Work Legislation in Ontario by Caitlin Dunn 126 IDENTITY POLITICS Race and Romance: Black-White Interracial Relationships since Loving v. Virginia 141 by Monica Kozycz MEDIA AND POLITICS More of the Same: The Internet’s Role in Political Campaigns 154 by Steven Wright -2- Preface On behalf of the Department of Political Science, I am both happy and proud to congratulate you on publishing this year’s issue of The Social Contract. -
The Four Courts of Sir Lyman Duff
THE FOUR COURTS OF SIR LYMAN DUFF RICHARD GOSSE* Vancouver I. Introduction. Sir Lyman Poore Duff is the dominating figure in the Supreme Court of Canada's first hundred years. He sat on the court for more than one-third of those years, in the middle period, from 1906 to 1944, participating in nearly 2,000 judgments-and throughout that tenure he was commonly regarded as the court's most able judge. Appointed at forty-one, Duff has been the youngest person ever to have been elevated to the court. Twice his appointment was extended by special Acts of Parliament beyond the mandatory retirement age of seventy-five, a recogni- tion never accorded to any other Canadian judge. From 1933, he sat as Chief Justice, having twice previously-in 1918 and 1924 - almost succeeded to that post, although on those occasions he was not the senior judge. During World War 1, when Borden considered resigning over the conscription issue and recommending to the Governor General that an impartial national figure be called upon to form a government, the person foremost in his mind was Duff, although Sir Lyman had never been elected to public office. After Borden had found that he had the support to continue himself, Duff was invited to join the Cabinet but declined. Mackenzie King con- sidered recommending Duff for appointment as the first Canadian Governor General. Duff undertook several inquiries of national interest for the federal government, of particular significance being the 1931-32 Royal Commission on Transportation, of which he was chairman, and the 1942 investigation into the sending of Canadian troops to Hong Kong, in which he was the sole commissioner . -
Legality As Reason: Dicey, Rand, and the Rule of Law
McGill Law Journal ~ Revue de droit de McGill LEGALITY AS REASON: DICEY, RAND, AND THE RULE OF LAW Mark D. Walters* For many law students in Canada, the Pour bon nombre d’étudiants en droit au idea of the rule of law is associated with the Canada, l’idée d’une primauté du droit est asso- names of Professor A.V. Dicey, Justice Ivan ciée au professeur A.V. Dicey et au juge Ivan Rand, and the case of Roncarelli v. Duplessis. It Rand ainsi qu’à l’affaire Roncarelli c. Duplessis. is common for students to read excerpts from Il est courant pour les étudiants de lire des ex- Dicey’s Law of the Constitution on the rule of traits traitant de la primauté du droit dans law, and then to examine how the rule of law is, l’œuvre de Dicey intitulée Law of the Constitu- as Rand stated in Roncarelli, “a fundamental tion, puis d’examiner comment la primauté du postulate of our constitutional structure.” In- droit est, comme l’a affirmé Rand dans Ronca- deed, Roncarelli marked a point in time, fifty relli, « [l’]un des postulats fondamentaux de no- years ago, at which the academic expression tre structure constitutionnelle ». En effet, l’arrêt “the rule of law” became a meaningful part of Roncarelli a été rendu au moment où, il y a cin- the legal discourse of judges and lawyers in quante ans, l’expression académique « la pri- Canada. mauté du droit » s’intégrait au sein du discours In this article, the author considers the re- des juges et des avocats au Canada. -
Special Series on the Federal Dimensions of Reforming the Supreme Court of Canada
SPECIAL SERIES ON THE FEDERAL DIMENSIONS OF REFORMING THE SUPREME COURT OF CANADA The Supreme Court of Canada: A Chronology of Change Jonathan Aiello Institute of Intergovernmental Relations School of Policy Studies, Queen’s University SC Working Paper 2011 21 May 1869 Intent on there being a final court of appeal in Canada following the Bill for creation of a Supreme country’s inception in 1867, John A. Macdonald, along with Court is withdrawn statesmen Télesphore Fournier, Alexander Mackenzie and Edward Blake propose a bill to establish the Supreme Court of Canada. However, the bill is withdrawn due to staunch support for the existing system under which disappointed litigants could appeal the decisions of Canadian courts to the Judicial Committee of the Privy Council (JCPC) sitting in London. 18 March 1870 A second attempt at establishing a final court of appeal is again Second bill for creation of a thwarted by traditionalists and Conservative members of Parliament Supreme Court is withdrawn from Quebec, although this time the bill passed first reading in the House. 8 April 1875 The third attempt is successful, thanks largely to the efforts of the Third bill for creation of a same leaders - John A. Macdonald, Télesphore Fournier, Alexander Supreme Court passes Mackenzie and Edward Blake. Governor General Sir O’Grady Haly gives the Supreme Court Act royal assent on September 17th. 30 September 1875 The Honourable William Johnstone Ritchie, Samuel Henry Strong, The first five puisne justices Jean-Thomas Taschereau, Télesphore Fournier, and William are appointed to the Court Alexander Henry are appointed puisne judges to the Supreme Court of Canada. -
An Unlikely Maverick
CANADIAN MAVERICK: THE LIFE AND TIMES OF IVAN C. RAND 795 “THE MAVERICK CONSTITUTION” — A REVIEW OF CANADIAN MAVERICK: THE LIFE AND TIMES OF IVAN C. RAND, WILLIAM KAPLAN (TORONTO: UNIVERSITY OF TORONTO PRESS FOR THE OSGOODE SOCIETY FOR CANADIAN LEGAL HISTORY, 2009) When a man has risen to great intellectual or moral eminence; the process by which his mind was formed is one of the most instructive circumstances which can be unveiled to mankind. It displays to their view the means of acquiring excellence, and suggests the most persuasive motive to employ them. When, however, we are merely told that a man went to such a school on such a day, and such a college on another, our curiosity may be somewhat gratified, but we have received no lesson. We know not the discipline to which his own will, and the recommendation of his teachers subjected him. James Mill1 While there is today a body of Canadian constitutional jurisprudence that attracts attention throughout the common law world, one may not have foreseen its development in 1949 — the year in which appeals to the Judicial Committee of the Privy Council (Privy Council) were abolished and the Supreme Court of Canada became a court of last resort. With the exception of some early decisions regarding the division of powers under the British North America Act, 1867,2 one would be hard-pressed to characterize the Supreme Court’s record in the mid-twentieth century as either groundbreaking or original.3 Once the Privy Council asserted its interpretive dominance over the B.N.A. -
1050 the ANNUAL REGISTER Or the Immediate Vicinity. Hon. E. M. W
1050 THE ANNUAL REGISTER or the immediate vicinity. Hon. E. M. W. McDougall, a Puisne Judge of the Superior Court for the Province of Quebec: to be Puisne Judge of the Court of King's Bench in and for the Province of Quebec, with residence at Montreal or the immediate vicinity. Pierre Emdle Cote, K.C., New Carlisle, Que.: to be a Puisne Judge of the Superior Court in and for the Province of Quebec, effective Oct. 1942, with residence at Quebec or the immediate vicinity. Dec. 15, Henry Irving Bird, Vancouver, B.C.: to be a Puisne Judge of the Supreme Court of British Columbia, with residence at Vancouver, or the immediate vicinity. Frederick H. Barlow, Toronto, Ont., Master of the Supreme Court of Ontario: to be a Judge of the High Court of Justice for Ontario. Roy L. Kellock, K.C., Toronto, Ont.: to be a Justice of the Court of Appeal for Ontario and ex officio a Judge of the High Court of Juscico for Ontario. 1943. Feb. 4, Robert E. Laidlaw, K.C., Toronto, Ont.: to be a Justice of the Court of Appeal for Ontario and ex officio a Judge of the High Court of Justice for Ontario. Apr. 22, Hon. Thane Alexander Campbell, K.C., Summer- side, P.E.I.: to be Chief Justice of the Supreme Court of Judicature of P.E.I. Ivan Cleveland Rand, K.C., Moncton, N.B.: to be a Puisne Judge of the Supreme Court of Canada. July 5, Hon. Justice Harold Bruce Robertson, a Judge of the Supreme Court of British Columbia: to be a Justice of Appeal of the Court of Appeal for British Columbia. -
FORFEITED Civil Forfeiture and the Canadian Constitution
FORFEITED Civil Forfeiture and the Canadian Constitution by Joshua Alan Krane A thesis submitted in conformity with the requirements for the degree of Master of Laws Graduate Department of the Faculty of Law University of Toronto © Copyright by Joshua Alan Krane (2010) FORFEITED Civil Forfeiture and the Canadian Constitution Joshua Alan Krane, B.Soc.Sc., B.C.L/LL.B. Master of Laws Faculty of Law University of Toronto 2010 Abstract The enactment of civil asset forfeiture legislation by Alberta and Ontario in the fall of 2001, followed by the passage of similar legislation in five other provinces, has signalled a dramatic change in the way Canadian constitutional law ought to be understood. This thesis builds on American legal scholarship by highlighting how deficiencies in Canada’s constitutional law could create space for more inva- sive civil forfeiture statutes. Following a historical overview of forfeiture law in Canada, the thesis (i) examines how the Supreme Court of Canada mischaracter- ized this legislation as a matter of property and civil rights; (ii) considers whether the doctrine of federal paramountcy should have rendered the legislation inoper- able and the consequences of the failure by the Court to do so; and (iii) evaluates -ii- the impact of the absence of an entrenched property right in the constitution, in regard to this matter. -iii- Table of Contents INTRODUCTION................................................................................................. 1 The Aim of this Project.............................................................................. -
A Decade of Adjustment 1950-1962
8 A Decade of Adjustment 1950-1962 When the newly paramount Supreme Court of Canada met for the first timeearlyin 1950,nothing marked theoccasionasspecial. ltwastypicalof much of the institution's history and reflective of its continuing subsidiary status that the event would be allowed to pass without formal recogni- tion. Chief Justice Rinfret had hoped to draw public attention to the Court'snew position throughanotherformalopeningofthebuilding, ora reception, or a dinner. But the government claimed that it could find no funds to cover the expenses; after discussing the matter, the cabinet decided not to ask Parliament for the money because it might give rise to a controversial debate over the Court. Justice Kerwin reported, 'They [the cabinet ministers] decided that they could not ask fora vote in Parliament in theestimates tocoversuchexpensesas they wereafraid that that would give rise to many difficulties, and possibly some unpleasantness." The considerable attention paid to the Supreme Court over the previous few years and the changes in its structure had opened broader debate on aspects of the Court than the federal government was willing to tolerate. The government accordingly avoided making the Court a subject of special attention, even on theimportant occasion of itsindependence. As a result, the Court reverted to a less prominent position in Ottawa, and the status quo ante was confirmed. But the desire to avoid debate about the Court discouraged the possibility of change (and potentially of improvement). The St Laurent and Diefenbaker appointments during the first decade A Decade of Adjustment 197 following termination of appeals showed no apparent recognition of the Court’s new status. -
Diversifying the Bar: Lawyers Make History Biographies of Early And
■ Diversifying the bar: lawyers make history Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 1: 1797 to 1940 Click here to download Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 2: 1941 to the Present For each lawyer, this document offers some or all of the following information: name gender year and place of birth, and year of death where applicable year called to the bar in Ontario (and/or, until 1889, the year admitted to the courts as a solicitor; from 1889, all lawyers admitted to practice were admitted as both barristers and solicitors, and all were called to the bar) whether appointed K.C. or Q.C. name of diverse community or heritage biographical notes name of nominating person or organization if relevant sources used in preparing the biography (note: living lawyers provided or edited and approved their own biographies including the names of their community or heritage) suggestions for further reading, and photo where available. The biographies are ordered chronologically, by year called to the bar, then alphabetically by last name. To reach a particular period, click on the following links: 1797–1900, 1901-1910, 1911-1920, 1921-1930, 1931-1940. For more information on the project, including the set of all biographies arranged by diverse community rather than by year of call, please click here for the Diversifying the Bar: Lawyers Make History home page. Last published May 2012 by The Law Society of Upper Canada. -
STEPHANIE J. SILVERMAN Bora Laskin National Fellow in Human
STEPHANIE J. SILVERMAN Bora Laskin National Fellow in Human Rights Research SSHRC Postdoctoral Research Fellow, University of Ottawa Adjunct Professor of Ethics, Society, and Law, Trinity College, Toronto [email protected] +1(647)778-8787 Citizenship: Canadian _____________________________________________________________________________ Education D. Phil in Political Theory Department of Politics and International Relations, St Antony’s College, University of Oxford 2007 – 2013 Full fees and maintenance grant from the Commonwealth Association Doctoral Thesis Title: The Normative Ethics of Immigration Detention in Liberal States Supervisors: Bridget Anderson and Matthew J. Gibney Examiners: Joseph H. Carens and Cathryn Costello Abstract: This thesis critiques the ethical and political propriety of practicing detention in the United Kingdom. Using a combination of normative theory, migration studies, and public policy studies, the thesis argues that a potential solution for combating the practical problems associated with growing, worsening detention systems as well as the moral dilemma of incarcerating non-citizens based on fear of absconding would be to open borders and eliminate immigration control. Given the reality of the sovereign right to control immigration, however, the thesis concedes that the more feasible normative answer is liberal states’ adoption of a new framework of minimum standards of treatment while simultaneously pressing for open borders as the long-term ethical goal. Master of Arts in Political Science (High -
Architypes Vol. 15 Issue 1, 2006
ARCHITYPES Legal Archives Society of Alberta Newsletter Volume 15, Issue I, Summer 2006 Prof. Peter W. Hogg to speak at LASA Dinners. Were rich, we have control over our oil and gas reserves and were the envy of many. But it wasnt always this way. Instead, the story behind Albertas natural resource control is one of bitterness and struggle. Professor Peter Hogg will tell us of this Peter W. Hogg, C.C., Q.C., struggle by highlighting three distinct periods in Albertas L.S.M., F.R.S.C., scholar in history: the provinces entry into Confederation, the Natural residence at the law firm of Resource Transfer Agreement of 1930, and the Oil Crisis of the Blake, Cassels & Graydon 1970s and 1980s. Its a cautionary tale with perhaps a few LLP. surprises, a message about cooperation and a happy ending. Add in a great meal, wine, silent auction and legal kinship and it will be a perfect night out. Peter W. Hogg was a professor and Dean of Osgoode Hall Law School at York University from 1970 to 2003. He is currently scholar in residence at the law firm of Blake, Cassels & Canada. Hogg is the author of Constitutional Law of Canada Graydon LLP. In February 2006 he delivered the opening and (Carswell, 4th ed., 1997) and Liability of the Crown (Carswell, closing remarks for Canadas first-ever televised public hearing 3rd ed., 2000 with Patrick J. Monahan) as well as other books for the review of the new nominee for the Supreme Court of and articles. He has also been cited by the Supreme Court of Canada more than twice as many times as any other author. -
Review of Emmett Hall: Establishment Radical
A JUDICIAL LOUDMOUTH WITH A QUIET LEGACY: A REVIEW OF EMMETT HALL: ESTABLISHMENT RADICAL DARCY L. MACPHERSON* n the revised and updated version of Emmett Hall: Establishment Radical, 1 journalist Dennis Gruending paints a compelling portrait of a man whose life’s work may not be directly known by today’s younger generation. But I Gruending makes the point quite convincingly that, without Emmett Hall, some of the most basic rights many of us cherish might very well not exist, or would exist in a form quite different from that on which Canadians have come to rely. The original version of the book was published in 1985, that is, just after the patriation of the Canadian Constitution, and the entrenchment of the Canadian Charter of Rights and Freedoms,2 only three years earlier. By 1985, cases under the Charter had just begun to percolate up to the Supreme Court of Canada, a court on which Justice Hall served for over a decade, beginning with his appointment in late 1962. The later edition was published two decades later (and ten years after the death of its subject), ostensibly because events in which Justice Hall had a significant role (including the Canadian medicare system, the Supreme Court’s decision in the case of Stephen Truscott, and claims of Aboriginal title to land in British Columbia) still had currency and relevance in contemporary Canadian society. Despite some areas where the new edition may be considered to fall short which I will mention in due course, this book was a tremendous read, both for those with legal training, and, I suspect, for those without such training as well.