1 Modernizing Canada's Electoral System: Instant Runoff Voting As The
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Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner IRONING OUT THE CREASES: RE-EXAMINING THE CONTOURS OF INVOKING ARTICLE 142(1) OF THE CONSTITUTION Rajat Pradhan* ABSTRACT In the light of the extraordinary and rather frequent invocation of Article 142(1) of the Constitution of India, this note expounds a constructive theory of perusing Article 142(1) by the Supreme Court. The central inquiry seeks to answer the contemporaneous question of whether Article 142 can be invoked to make an order or pass a decree which is inconsistent or in express conflict with the substantive provisions of a statute. To aid this inquiry, cases where the apex court has granted a decree of divorce by mutual consent in exercise of Article 142(1) have been examined extensively. Thus the note also examines the efficacy and indispensible nature of this power in nebulous cases where the provisions of a statute are insufficient for solving contemporary problems or doing complete justice. INTRODUCTION An exemplary provision, Article 142(1) of the Constitution of India envisages that the Supreme Court in the exercise of its jurisdiction may pass such enforceable decree or order as is necessary for doing ‘complete justice’ in any cause or matter pending before it. While the jurisprudence surrounding other provisions of the Constitution has developed manifold, rendering them more concrete and stable interpretations, Article 142(1) is far from tracing this trend. The nature and scope of power contemplated in Article 142(1) has continued to be mooted imaginatively. -
Debates of the House of Commons
43rd PARLIAMENT, 1st SESSION House of Commons Debates Official Report (Hansard) VOLUME 149 NUMBER 005 Wednesday, December 11, 2019 Speaker: The Honourable Anthony Rota CONTENTS (Table of Contents appears at back of this issue.) 263 HOUSE OF COMMONS Wednesday, December 11, 2019 The House met at 2 p.m. tude to the people of Bellechasse—Les Etchemins—Lévis for plac‐ ing their trust in me for the fifth time in a row. I would also like to thank our amazing team of volunteers, my Prayer family and my wonderful wife, Marie. My entire team and I are here to help the people in our riding. We are facing major chal‐ ● (1405) lenges, but, unfortunately, the throne speech was silent on subjects [English] such as the labour shortage, shipbuilding and high-speed Internet and cell service in the regions. The Speaker: It being Wednesday, we will now have the singing of O Canada led by the hon. member for Kitchener—Conestoga. People say that election campaigns begin on election night, but in Quebec, in Canada and in my riding, Bellechasse—Les [Members sang the national anthem] Etchemins—Lévis, we are rolling up our sleeves and focusing on sustainable prosperity. * * * STATEMENTS BY MEMBERS [English] [Translation] NEWMARKET—AURORA CLOSURE OF BRUNSWICK SMELTER Mr. Tony Van Bynen (Newmarket—Aurora, Lib.): Mr. Speak‐ Mr. Serge Cormier (Acadie—Bathurst, Lib.): Mr. Speaker, I er, I am proud to rise in the House for the first time as the member want to start by thanking the voters of Acadie—Bathurst for giving of Parliament for Newmarket—Aurora in the 43rd Parliament. -
Oh, Oh! Modeling Parliamentary Interruptions in Canada, 1926-2015
Oh, oh! Modeling Parliamentary Interruptions in Canada, 1926-2015 Tanya Whyte Department of Political Science, University of Toronto Presented at Canadian Political Science Association Annual Conference Ryerson University, Toronto, May 27-June 2, 2017 Abstract Literature on the Canadian "democratic deficit" argues that parliamentary decorum in the Canadian House of Commons, including disruptive be- haviours like heckling and cheering, has been worsening over recent decades. Such questions of long-term change in parliamentary behaviour are amenable to text as data methods, a rapidly emerging field in quantitative social sci- ence. This analysis uses the Lipad dataset, a new machine-readable digi- tization of the complete text of the Canadian House of Commons Debates (Hansard), to investigate disruptive behaviour (measured via parliamentary interruptions) in the House of Commons from 1926-2015. Five hypotheses are tested using a multinomial logit model: that interruptions have increased in probability over time; that ministers are likeliest and backbenchers least likeliest to be interrupted; that women MPs are more likely to be interrupted; and that interruptions are more common under majority government condi- tions. Preliminary version: Please do not cite or distribute until a final version is posted. Thanks to Arthur Spirling for his advice and feedback. PARLIAMENTARY INTERRUPTIONS IN CANADA, 1926-2015 2 Introduction The conduct of elected representatives in the House of Commons has been a fre- quent target of criticism in the Canadian "democratic deficit" literature. One root of voter malaise in Canada and in other Westminster-style democracies, it is argued, is public re- pugnance for adversarial and crude political debate, particularly during Question Period (Docherty, 2005; Grisdale, 2011). -
Confronting Family Poverty and Social Exclusion Ensuring Work–Family Balance Advancing Social Integration and Intergenerational Solidarity in North America
Confronting family poverty and social exclusion Ensuring work–family balance Advancing social integration and intergenerational solidarity In North America North American Expert Group Meeting Convened as part of preparations for the Twentieth Anniversary of the International Year of the Family (2014) In cooperation with the Focal Point on the Family (United Nations DESA) Mexico City 19–20 May 2014 Revised Version January 2015 The Expert Group Meeting convened in Mexico City on 19-20 May 2014 was held as part of celebrations for the Twentieth Anniversary of the In- ternational Year of the Family. Experts and practitioners from the three countries discussed about the proposals for recommendations of social policies that should be promoted from United Nations. The outcomes, in particular its conclusions and recommendations, will further guide the fol- low-up of the Twentieth Anniversary and will be used as inputs to the up- coming reports of the Secretary-General on family issues. The Meeting was organized International Federation for Family Develop- ment (IFFD), a non–governmental, independent, and non–profit federa- tion, founded in 1978. Its activities consist of family enrichment courses organized in 65 countries of the five continents, with a participative meth- odology based in the case study method. IFFD collaborates in local, na- tional and international institutions to promote and protect family values. It holds general consultative status with the Economic and Social Commit- tee of the United Nations. © International Federation for Family Development – January 2015. Produced by the International Institute for Family Research – The Family Watch CONTENTS INTRODUCTION A. FAMILY POLICY IN THE UN CONTEXT .......................................................................8 B. -
Core 1..254 Hansard (PRISM::Advent3b2 17.25)
House of Commons Debates VOLUME 148 Ï NUMBER 037 Ï 1st SESSION Ï 42nd PARLIAMENT OFFICIAL REPORT (HANSARD) Tuesday, April 12, 2016 Speaker: The Honourable Geoff Regan CONTENTS (Table of Contents appears at back of this issue.) 2039 HOUSE OF COMMONS Tuesday, April 12, 2016 The House met at 10 a.m. The Speaker: The House has heard the terms of the motion. Is it the pleasure of the House to adopt the motion? Some hon. members: Agreed. Prayer (Motion agreed to) *** ROUTINE PROCEEDINGS PETITIONS Ï (1000) [Translation] HIV/AIDS FOREIGN AFFAIRS Ms. Elizabeth May (Saanich—Gulf Islands, GP): Mr. Speaker, I rise today to present two petitions. Mr. David Lametti (Parliamentary Secretary to the Minister of International Trade, Lib.): Mr. Speaker, on behalf of the The first is from constituents in my riding of Saanich—Gulf Minister of Foreign Affairs and pursuant to Standing Order 32(2), I Islands calling on the government to move to a national strategy on have the honour to table, in both official languages, the treaty HIV/AIDS, particularly based on the principle of treatment as entitled “Ministerial Declaration on Trade in Information Technol- prevention. ogy Products” adopted in Nairobi on December 16, 2015. *** SECURITY CERTIFICATES [English] Ms. Elizabeth May (Saanich—Gulf Islands, GP): Mr. Speaker, the second petition deals with the very troubling ongoing issue of the COMMITTEES OF THE HOUSE violation of human rights and the Charter of Rights and Freedoms in AGRICULTURE AND AGRI-FOOD the use of security certificates. In particular, the petitioners are very concerned that security certificates risk deportation to countries that Mr. -
Constitutional Workarounds: Senate Reform and Other Examples
CONSTITUTIONAL WORKAROUNDS: SENATE REFORM AND OTHER EXAMPLES Robert E Hawkins* The process for amending Canada’s constitution is complex and difficult. As a result, “back door” routes for realizing change of a constitutional nature have been adopted. These “workarounds” include “formula shopping,” where amendment procedures requiring a lesser measure of provincial consent are adopted; ordinary legislation, where no provincial consent is sought at all; and hortatory declarations, where mere statements purport to define a government’s position with respect to particular constitutional issues. Workarounds in areas such as Senate reform, fixed date election laws, secession and clarity acts, and regional vetoes, along with declarations dealing with special status for Quebec, the federal spending power, and prorogation of Parliament, will be examined. Key to the constitutional validity of these workarounds is whether they bind the actions of relevant political actors, as opposed to being merely advisory or consultative. At stake is the interplay between two fundamental constitutional values: flexibility, which permits the constitution to adapt to changing societal realities; and federalism, which requires a meaningful degree of provincial consent for significant constitutional change. Il est difficile et complexe d’amender la constitution canadienne. C’est pourquoi, les modifications de nature constitutionnelle sont souvent effectuées par des moyens indirects. Ces “tactiques d’évitement” des difficultés constitutionnelles comprennent l’utilisation stratégique de procédures d’amendement qui requièrent un niveau d’appui provincial moindre; l’adoption de lois ordinaires, qui ne requièrent aucun appui provincial; et l’adoption par le Parlement de textes de nature déclaratoire, en vertu desquels le gouvernement tente de se positionner par rapport à un enjeu constitutionnel donné. -
Francophone Arts and Culture
FRANCOPHONE ARTS AND CULTURE: LIVING LIFE TO ITS FULLEST IN MINORITY SETTINGS Report of the Standing Senate Committee on Official Languages The Honourable Maria Chaput Chair The Hounorable Andrée Champagne, P.C. Deputy Chair June 2009 Ce document est aussi disponible en français. _____________________ Available on the Parliamentary Internet: www.parl.gc.ca (Committee Business – Senate – 40th Parliament, 2nd Session) Hard copies of this document are also available by contacting the Senate Committees Directorate at 613-990-0088 or by e-mail at [email protected]. CONTENTS Page MEMBERS ORDERS OF REFERENCE PREFACE INTRODUCTION .......................................................................................................... 1 GENERAL OVERVIEW OF THE STUDY: CONTEXT AND SCOPE ............................................................................................... 3 SUMMARY OF THE EVIDENCE AND COMMITTEE RECOMMENDATIONS ....................................................................... 6 A. SUPPORT FOR COMMUNITIES AND ARTISTS ........................................... 6 1. Community Vitality ........................................................................................ 6 2. Remoteness and Loss of Residents ................................................................. 6 3. Infrastructure ................................................................................................... 7 4. Volunteer Burnout .......................................................................................... 8 B. SUPPORT -
A Matter of Privilege: a Discussion Paper on Canadian Parliamentary Privilege in the 21St Century
A MATTER OF PRIVILEGE: A DISCUSSION PAPER ON CANADIAN PARLIAMENTARY PRIVILEGE IN THE 21ST CENTURY Interim report of the Standing Committee on Rules, Procedures, and the Rights of Parliament Chair The Honourable Vernon White Deputy Chair The Honourable David P. Smith, PC. June 2015 MEMBERSHIP The Honourable Vernon White, Chair The Honourable David P. Smith, P.C., Deputy Chair The Honourable Denise Batters The Honourable Claude Carignan, P.C.* The Honourable Anne C. Cools The Honourable James S. Cowan* The Honourable Norman E. Doyle The Honourable Joan Fraser* The Honourable Linda Frum The Honourable George Furey The Honourable Leo Housakos The Honourable Mobina S.B. Jaffer The Honourable Serge Joyal, P.C. The Honourable Yonah Martin The Honourable Elaine McCoy The Honourable Paul E. McIntyre The Honourable David Tkachuk The Honourable David M. Wells *Ex officio members In addition, the Honourable Senators Selma Ataullahjan, Douglas Black, Suzanne Fortin-Duplessis, Nancy Ruth, Richard Neufeld and Pierre Claude Nolin were members of the committee or participated in its work on this report. Clerk of the Committee: Charles Robert Analyst from the Library of Parliament: Dara Lithwick TABLE OF CONTENTS INTRODUCTION: AN OPPORTUNITY TO REVIEW AND RENEW PARLIAMENTARY PRIVILEGE IN CANADA ...................................................................................................................................................... 1 A. Development of the Interim Report ................................................................................................ -
WINTER 2014 Are E-Petitions a Viable Tool for Increasing Citizen Participation in Our Parliamentary Institutions?
The Canadian Parliamentary Review was founded in 1978 to inform Canadian legislators about activities of the federal, provincial and territorial branches of the Canadian Region of the Commonwealth Parliamentary Association and to promote the study of and interest in Canadian parliamentary institutions. Contributions from legislators, former members, staff and all other persons interested in the Digital technology has objectives of the Review are welcome. introduced many new terms The Review is published for the Canadian Region, CPA. Any opinions expressed and meanings into the are those of individual contributors and should not be attributed to any Branch of parliamentary lexicon. the Canadian Region. Credit: Editor: Will Stos Julie Anderson and Layout: Frank Piekielko Production Team: Julie Anderson, Frank Piekielko Albert Besteman, Cheryl Caballero, Kim Dean, Yasuko Enosawa, Susanne Hynes, Joanne McNair, Wendy Reynolds, Linda Wells Editorial Board Patricia Chaychuk (Chair) Charles Robert (Deputy Chair) Blair Armitage Deborah Deller Letter from the Editor Francois Arsenault Kim Hammond Will Stos ........................................................................................................2 Sonia L’Heureux Charles MacKay Audrey O’Brien Gary O’Brien Are E-petitions a Viable Tool for Increasing Citizen Participation Kate Ryan-Lloyd Doug Schauerte in Our Parliamentary Institutions? Patrice Martin Hon. Linda Reid, MLA ...................................................................................3 Online Political Activity in -
UNDRIP in Canada: Comparing Harper and Trudeau's Commitment
UNDRIP in Canada: Comparing Harper and Trudeau’s Commitment to Indigenous Human Rights Student Name: Myrthe Walravens Student Number: S1796461 Supervisor: Dr. Salvador Santino F. Regilme Jr Second Reader: Dr. Matthew Broad Word Count: 14636 words Date: Saturday, January 2, 2021 Table of Contents List of Acronyms and Abbreviations 2 List of Bills 4 Introduction 5 Literature Review: International Human Rights Law & Indigenous Rights 8 International Human Rights Instruments 8 United Nations General Assembly Resolutions 10 Canada & Indigenous Rights 14 Theory & Methods 18 Theory 18 Methods 19 Case Study: Stephen Harper (2006-2015) 22 Assimilation & Traditional Lands, Territories, and Resources 23 Political Processes & Economic Progress 25 Health and Education Services 27 Case Study: Justin Trudeau (2015-present) 31 Assimilation & Traditional Lands, Territories, and Resources 32 Political Processes & Economic Progress 34 Health and Education Services 36 Conclusion 39 Reference List 41 1 List of Acronyms and Abbreviations AHF: Aboriginal Healing Foundation AHTF: Aboriginal Health Transition Fund AFN: Assembly of First Nations APF: Arctic Policy Framework BNA, 1867: British North America Act, 1867 CANZUS: Canada, Australia, New Zealand, and the United States CAP: Congress of Aboriginal Peoples CPC: Conservative Party of Canada FNFI: First Nations Financial Institutions FNPOI: First Nations Property Ownership Initiative FPIC: Free, Prior, and Informed Consent IHRL: International Human Rights Law IRSSA: Indian Residential Schools Settlement Agreement -
A Matter of Privilege: a Discussion Paper on Canadian Parliamentary Privilege in the 21St Century
A MATTER OF PRIVILEGE: A DISCUSSION PAPER ON CANADIAN PARLIAMENTARY PRIVILEGE IN THE 21ST CENTURY Subcommittee on Parliamentary Privilege of the Standing Committee on Rules, Procedures, and the Rights of Parliament Members The Honourable George Furey, Chair The Honourable Serge Joyal, P.C. The Honourable Elaine McCoy The Honourable Pierre Claude Nolin The Honourable Vernon White January 2015 Clerk of the Subcommittee: Charles Robert Analyst from the Library of Parliament: Dara Lithwick TABLE OF CONTENTS INTRODUCTION: AN OPPORTUNITY TO REVIEW AND RENEW PARLIAMENTARY PRIVILEGE IN CANADA ...................................................................................................................................................... 1 A. The Senate Rules Committee Subcommittee on Parliamentary Privilege ..................................... 4 PART I: PARLIAMENTARY PRIVILEGE: TRACING ITS HISTORY TOWARDS A CONTEMPORARY APPROACH ................................................................................................................................................. 5 A. Parliamentary Privilege: History ...................................................................................................... 5 B. Towards a contemporary approach: Evolution of parliamentary privilege in the UK, Australia, and New Zealand ................................................................................................................................... 7 1. The United Kingdom .................................................................................................................... -
'May the Best Man Win'
‘May the Best Man Win’: Masculinity in Political Humour about the 2008 Canadian Federal Election Paper presented to the 2012 Canadian Political Science Association (CPSA) Conference Edmonton, Alberta June 13th-15th, 2012 Daisy Raphael PhD Student Political Science Department University of Alberta 10-16 HM Tory Building Edmonton, Alberta T6G 2H4 [email protected] Abstract: This study explores the relationship between masculinity and political leadership as it was constructed in political humour about the 2008 Canadian federal election. Using discourse analysis, I have examined gendered depictions of the two frontrunners in that election – Stéphane Dion and Stephen Harper – on the popular television programmes the Rick Mercer Report, 22 Minutes and the Royal Canadian Air Farce. Guiding this analysis is Connell’s ([1995] 2005) theory of masculinities. I argue that political satirists constructed a hierarchy of masculinities in their portrayals of Dion and Harper by depicting Dion as submissive, weak, and effeminate, while portraying Harper as dominant, aggressive, and bullying, in other words as ‘too masculine’. In doing so, I argue, Canadian political humourists contributed to the normalization of the purported connections between masculinity, power, and politics and to the social construction of politics as a ‘man’s world’. This research corresponds with that of other feminist researchers studying gender, politics and the media, who have found that masculine narratives tend to depict women as Others in the political realm (for example, Gidengil and Everitt, 1999; 2000; Sampert and Trimble, 2003). 1 Introduction The Liberal party fared dismally in the 2008 Canadian federal election. Earning just 26.2% of the popular vote and losing 27 seats, the Liberal party’s showing in the 2008 election was only slightly better than the party’s worst performance ever.