The First General Election for Representative Government Was Held in 1832
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Insights from Canada for American Constitutional Federalism Stephen F
Penn State Law eLibrary Journal Articles Faculty Works 2014 Insights from Canada for American Constitutional Federalism Stephen F. Ross Penn State Law Follow this and additional works at: http://elibrary.law.psu.edu/fac_works Part of the Comparative and Foreign Law Commons, and the Constitutional Law Commons Recommended Citation Stephen F. Ross, Insights from Canada for American Constitutional Federalism, 16 U. Pa. J. Const. L. 891 (2014). This Article is brought to you for free and open access by the Faculty Works at Penn State Law eLibrary. It has been accepted for inclusion in Journal Articles by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. ARTICLES INSIGHTS FROM CANADA FOR AMERICAN CONSTITUTIONAL FEDERALISM Stephen F Ross* INTRODUCTION National Federation of Independent Business v. Sebelius' has again fo- cused widespread public attention on the role of the United States Supreme Court as an active arbiter of the balance of power between the federal government and the states. This has been an important and controversial topic throughout American as well as Canadian constitutional history, raising related questions of constitutional the- ory for a federalist republic: Whatjustifies unelected judges interfer- ing with the ordinary political process with regard to federalism ques- tions? Can courts create judicially manageable doctrines to police federalism, with anything more than the raw policy preferences of five justices as to whether a particular legislative issue is -
Overview of Simulation
Overview of Simulation Critical As representatives of a British North American colony at a hypothetical 1864 Ottawa Challenge Conference, students decide whether or not to join a proposed Canadian Confederation under the conditions outlined in a draft British North America Act which they have helped to negotiate. Synopsis This 8 - 13 hour simulation can be used as the cornerstone for an entire unit of study on Confederation. Students are assigned to one of six groups, each representing a British North American colony at the time of Confederation. They simulate the negotiations that led to Confederation by participating in a fictitious Ottawa Conference held in 1864. The simulation unfolds in five stages as summarized in the following chart Orientation In the introductory lesson students begin to think about the terms (1.5 - 2.5 hours) of Confederation by considering current difficulties facing Canada and by discussing the idea of re-visiting the original terms of the union of Canada. Students are introduced to the main tasks of the simulation and assigned to represent one of the six colonies that will take part in the conference. Preliminary Based on supplied briefing sheets and independent library research, Proposals each delegation composes a preliminary list of conditions, with (3 - 6 hours) accompanying justifications, for joining the proposed federal union. Students explain and defend their preliminary proposal in a writ- ten submission and a five-minute rehearsed presentation. Other delegations ask the presenting colony one question about a perti- nent issue. Final Each delegation discusses the preliminary proposals from the other Proposals colonies. Individual representatives become experts on one other (2 - 3 hours) colony and then brief fellow delegates on that colony’s needs and issues. -
The Constitution of Canada and the Conflict of Laws
Osgoode Hall Law School of York University Osgoode Digital Commons PhD Dissertations Theses and Dissertations 2001 The onsC titution of Canada and the Conflict of Laws Janet Walker Osgoode Hall Law School of York University, [email protected] Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/phd Part of the Conflict of Laws Commons, and the Jurisdiction Commons Recommended Citation Walker, Janet, "The onC stitution of Canada and the Conflict of Laws" (2001). PhD Dissertations. 18. http://digitalcommons.osgoode.yorku.ca/phd/18 This Thesis is brought to you for free and open access by the Theses and Dissertations at Osgoode Digital Commons. It has been accepted for inclusion in PhD Dissertations by an authorized administrator of Osgoode Digital Commons. THE CONSTITUTION OF CANADA AND THE CONFLICT OF LAWS Janet Walker A thesis submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy Worcester College Trinity Term 2001 The Constitution of Canada and the Conflict of Laws Janet Walker, Worcester College Doctor of Philosophy Thesis, Trinity Term 2001 This thesis explains the constitutional foundations for the conflict of laws in Canada. It locates these constitutional foundations in the text of key constitutional documents and in the history and the traditions of the courts in Canada. It compares the features of the Canadian Constitution that provide the foundation for the conflict of laws with comparable features in the constitutions of other federal and regional systems, particularly of the Constitutions of the United States and of Australia. This comparison highlights the distinctive Canadian approach to judicial authority-one that is the product of an asymmetrical system of government in which the source of political authority is the Constitution Act and in which the source of judicial authority is the continuing local tradition of private law adjudication. -
Birthplace of Confederation Act
c t BIRTHPLACE OF CONFEDERATION ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to June 1, 2010. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the Queen’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: [email protected] PREAMBLE Birthplace Of Confederation Act Section 1 c BIRTHPLACE OF CONFEDERATION ACT CHAPTER B-3.1 PREAMBLE WHEREAS on September 1, 1864, leaders of the governments and legislatures of Prince Edward Island, Nova Scotia, New Brunswick, and the Province of Canada met in Charlottetown and agreed on a vision of a union of the British North American colonies and the creation of a new country; AND WHEREAS that vision was further expressed in formal resolutions and legislation at ensuing conferences in Quebec City in October 1864 and London in December 1864, and became the basis of our country, Canada; AND WHEREAS by Proclamation of the Prime Minister of Canada, on September 1, 1996, the role of Charlottetown, Prince Edward Island, as the birthplace of Confederation was recognized and affirmed as an integral part of our Canadian heritage; AND WHEREAS September 1, 2014, marks the 150th anniversary of the Charlottetown Conference and the birth of Confederation; THEREFORE, BE IT ENACTED by the Lieutenant Governor and the Legislative Assembly of the Province of Prince Edward Island as follows: 1. -
Chapter Sixteen
Ch a p t e r Si x t e e n National Unity Figure 16-1 Québec cartoonist Terry Mosher, also known as Aislin, drew this Figure 7-1cartoon In 1970, in 1990 Manitoba to show celebrated his opinion its 100th anniversary of enteringof the into way Confederation. constitutional As debates part of hadthat celebration, in 1971 a statueaffected (below) Canadian of Métis unity. leader Louis Riel was unveiled on the grounds of the Manitoba Legislature in Winnipeg. In the following years, controversies erupted over the statue; over Riel’s naked and contorted figure, and over the role Riel played in the time leading up to Manitoba’s entrance into Confederation and beyond. In 1995, the statue was removed from the grounds of the legislature to Collège universitaire de Saint-Boniface and was replaced on the grounds of the legislature by another statue (left). The removal and replacement of the original statue caused a controversy of its own. Figure 16-2 In 1995, just days before Québec held a referendum on whether to separate from Canada, thousands of Canadians from across the country descended on Montréal to tell Québec that they wanted the province to stay united with Canada. image P7-39 460 CLUSTER 5 • Defining Contemporary Canada (1982 to present) • MHR How has the question of national unity influenced federalism, constitutional debate, and political change? To explore this essentialEssential question,Question, you you will will KEY TERMS • examine the issues,attempts events, to have and Québec people signthat theshaped Canadian the history ofConstitution -
Prince Edward Island Met in Charlottetown, Ostensibly for the Pur- Pose of Discussing a Proposal for Maritime Union
University of Calgary PRISM: University of Calgary's Digital Repository University of Calgary Press University of Calgary Press Open Access Books 2018-10 Reconsidering Confederation: Canada's Founding Debates, 1864-1999 University of Calgary Press Heidt, D. (Ed.). (2018). "Reconsidering Confederation: Canada's Founding Debates, 1864-1999". Calgary, AB: University of Calgary Press. http://hdl.handle.net/1880/108896 book https://creativecommons.org/licenses/by-nc-nd/4.0 Attribution Non-Commercial No Derivatives 4.0 International Downloaded from PRISM: https://prism.ucalgary.ca RECONSIDERING CONFEDERATION: Canada’s Founding Debates, 1864–1999 Edited by Daniel Heidt ISBN 978-1-77385-016-0 THIS BOOK IS AN OPEN ACCESS E-BOOK. It is an electronic version of a book that can be purchased in physical form through any bookseller or on-line retailer, or from our distributors. Please support this open access publication by requesting that your university purchase a print copy of this book, or by purchasing a copy yourself. If you have any questions, please contact us at [email protected] Cover Art: The artwork on the cover of this book is not open access and falls under traditional copyright provisions; it cannot be reproduced in any way without written permission of the artists and their agents. The cover can be displayed as a complete cover image for the purposes of publicizing this work, but the artwork cannot be extracted from the context of the cover of this specific work without breaching the artist’s copyright. COPYRIGHT NOTICE: This open-access work is published under a Creative Commons licence. -
National Separation: Canada in Context - a Legal Perspective Kevin Sneesby
Louisiana Law Review Volume 53 | Number 4 March 1993 National Separation: Canada in Context - A Legal Perspective Kevin Sneesby Repository Citation Kevin Sneesby, National Separation: Canada in Context - A Legal Perspective, 53 La. L. Rev. (1993) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol53/iss4/12 This Comment is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. National Separation: Canada in Context-A Legal Perspective Table of Contents I. Introduction ........................................................... 1357 II. Background-Canada: Moving Towards Separation ..... 1359 III. The "Right" to Separate: Comparative Constitutional L aw ..................................................................... 1365 A. The Canadian Constitution ............................... 1365 1. By a Province or a Territory ....................... 1367 2. By First Nations ......................................... 1369 B. Analogy to the American and Australian Constitutions .................................................... 1370 1. The United States Constitution ..................... 1371 2. The Australian Constitution ......................... 1373 IV. The "Right" to Separate Under International Law ..... 1375 A. The Role of International Law in the Canadian Schem e .......................................................... -
History Canadian Confederation
ELEMENTARY LESSON GRADE 7-8: HISTORY CANADIAN CONFEDERATION Purpose: Students will examine the role of Louis Riel in Canadian the people of Manitoba celebrate Louis Riel Day to history and answer the question: Should Riel be considered a Father remember his dream of a province that embraces all cultures. of Confederation? They will use inquiry skills to research the two perspectives of this question. Students will reflect the ways in 4. Tell students that the question they will be considering in which Métis People were shaped by Confederation. today’s class is: Should Louis Riel be considered a Father of Confederation? This question is one that has been debated Estimated time: 120 minutes over the decades, across the country, on the streets and in Parliament. Resources required: o Computer with internet access 5. Provide students with an example of this debate, show them a o Relevant textbooks, books and encyclopedias five-minute clip from the CBC news archives: “Is Riel a Father of Confederation?” August 29, 1989: Activity: www.cbc.ca/archives/categories/politics/parties-leaders/ 1. Review with students that prior to Confederation, Canada rethinking-riel/is-riel-a-father-of-confederation.html was divided. Each jurisdiction had its own legal and governance system. On July 1, 1867, Canada was created 6. While students watch the clip, tell them to answer the by Confederation, thus bringing the new provinces together following three questions: under one government and one system. a. What is the Conservative Aboriginal caucus asking for? b. Why was Riel a good representative for the Métis? (Or 2. -
Premiers' Conferences 1887-2002 a Table of Contents (Continued)
PREMIERS' CONFERENCES 1887 - 2002 PREPARED BY THE CANADIAN INTERGOVERNMENTAL CONFERENCE SECRETARIAT Our front cover symbolizes intergovernmental conference activity in Canada. Portrayed are fourteen official Coats of Arms beginning with that of Canada at the top, then, from left to right, those of the provinces and territories in order of entry into Confederation. They are placed around the CICS logo depicting the governments sitting around a conference table. PLEASE NOTE This document is the property of the Canadian Intergovernmental Conference Secretariat (CICS) and is made available for education and/or information purposes only. Any misuse of its contents is prohibited, nor can it be sold or otherwise used for commercial purposes. Reproduction of its contents for purposes other than education and/or information requires the prior authorization of the CICS. TABLE OF CONTENTS PAGE Foreword i 1. Premiers' Conference October 20 - 28, 1887 1 2. Premiers' Conference December 18 - 20, 1902 1 3. Premiers' Conference December 9, 1910 2 4. Premiers' Conference October 27 - 29, 1913 2 5. Premiers' Conference June 7 - 9, 1926 2 6. Premiers' Conference December 1 - 2, 1960 3 7. 2nd Annual Premiers' Conference August 14 - 15, 1961 3 8. 3rd Annual Premiers' Conference August 6 - 7, 1962 3 9. 4th Annual Premiers' Conference August 5 - 6, 1963 4 10. 5th Annual Premiers' Conference August 3 - 4, 1964 4 11. 6th Annual Premiers' Conference August 2 - 3, 1965 4 12. 7th Annual Premiers' Conference August 1 - 2, 1966 4 13. 8th Annual Premiers' Conference August 1 - 2, 1967 4 CICS PREMIERS' CONFERENCES 1887-2002 A TABLE OF CONTENTS (CONTINUED) PAGE 14. -
Fact Sheet — Saskatchewan
Saskatchewan (SK) – Facts, Flags and Symbols Capital: Regina Population (2010 estimate):i 1,038,018 Motto on Licence Plate: Land of Living Skies Flag:ii Act of Legislature assented to, March 31, 1969 Proclaimed by the Lieutenant Governor, September 22, 1969 Arms:iii Royal Warrant of King Edward VII, August 25, 1906 Gazetted, October 13, 1906 Augmented by crest, supporters and motto by Royal Warrant of Queen Elizabeth II, signed by Governor General Jeanne Sauvé, September 16, 1986 Gazetted, October 4, 1986 Date Entered Confederation:iv On September 1, 1905, the Canadian government adopted the Saskatchewan Act and the Alberta Act , and two new provinces joined Canada. Flower: Prairie Lily Saskatchewan adopted the orange-red lily ( Lilium philadelphicum L. var. Andinum ), also known as the prairie lily, as its official flower in 1941. The Saskatchewan Natural History Society suggested the flower to a special committee that had been set up to consider the matter. Bird: Sharp-Tailed Grouse The sharp-tailed grouse (Pedioecetes phasianellus james ), also known as the prairie chicken, is one of Saskatchewan's most popular game birds. Saskatchewan adopted it as the province’s official bird in 1945. Tree: Paper Birch The paper birch (Betula papyrifera ) can be easily recognized by its papery white bark. First Nations communities used it to make canoes, baskets and utensils. The birch can also be used as a veneer or plywood, and it is a popular choice for furniture. The tree was adopted in 1988 as the province’s official tree, as it is found everywhere in Saskatchewan. i Statistics Canada – Quarterly demographic estimates, 2010 http://www.statcan.gc.ca/daily-quotidien/100325/t100325a2-eng.htm ii Canadian Heritage – Canadian Anthems and Symbols http://www.pch.gc.ca/eng/1266258105305/1266214672512 iii Canadian Heritage – Canadian Anthems and Symbols http://www.pch.gc.ca/eng/1266258105305/1266214672512 iv Library and Archives Canada – Canadian Confederation http://www.collectionscanada.gc.ca/confederation/index-e.html . -
The Supreme Court of Canada's Revival of the Compact Theory Of
Osgoode Hall Law Journal Article 2 Volume 53, Issue 3 (Summer 2016) Compact is Back: The uprS eme Court of Canada’s Revival of the Compact Theory of Confederation Sébastien Grammond Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Part of the Constitutional Law Commons Article This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Grammond, Sébastien. "Compact is Back: The uS preme Court of Canada’s Revival of the Compact Theory of Confederation." Osgoode Hall Law Journal 53.3 (2016) : 799-823. http://digitalcommons.osgoode.yorku.ca/ohlj/vol53/iss3/2 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 Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Compact is Back: The uprS eme Court of Canada’s Revival of the Compact Theory of Confederation Abstract The ompc act theory of Canadian Confederation is the idea that the Constitution is the product of a political agreement (or “compact”) among the country’s constitutive parts. Although the theory has been widely criticized, this article shows how the theory has recently been used by the Supreme Court of Canada to explain the origins of certain parts of the Constitution and to guide its interpretation, in particular in cases involving constitutional amendment and indigenous rights. It then discusses how the Court dealt with instances where one party’s consent to a foundational compact was vitiated or altogether lacking, and whether the Court’s use of compact theory gives rise to the objection that it is an originalist method of interpreting the Constitution. -
7 Confederation Update New Challenges
091-107 120820 11/1/04 2:43 PM Page 91 Chapter 7 Confederation Update New Challenges Government Takes Steps to Québec Votes: Protect Canadian IdentityOne Nation or Two? Ottawa Must Settle Outstanding More Power for Aboriginal Land Claims Provincial Governments? New Federal Laws to Protect Minority Rights Full Equality for Women Reflecting/Predicting and Men–Canada’s Goal 1. What challenges do these headlines and photo suggest Confederation has faced since 1867? 2. What do you think is the greatest challenge Confederation faces today? 91 091-107 120820 11/1/04 2:43 PM Page 92 92 Unit 1: Confederation A Changing Nation Canada today is not the Canada of 1867. Democratic government always grows and changes as we do. How has Canadian Confederation changed since 1900? Examine the following timeline. 1905 Alberta and Saskatchewan become provinces. 1912 Manitoba, Ontario, and Québec are enlarged to their present- day boundaries. January 1916 Manitoba is the first province to grant its women citizens the vote. 24 May 1918 All women in Canada receive the right to vote in federal elec- tions. (see Chapter 21) 11 December 1931 Statute of Westminster gives Canada complete control over its own affairs. Until this time, some important decisions were still being made in Britain. Canada could not make treaties with other countries, for example. 31 March 1949 Newfoundland joins Confederation. 1960 Registered Indians are granted the right to vote in federal elections. 1965 Canada adopts a new flag—a single red maple leaf with red bars on a white back- ground. 1 July 1967 Canadians celebrate Canada’s 100th birthday.