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Wednesday, October 1, 1997
CANADA VOLUME 135 S NUMBER 008 S 1st SESSION S 36th PARLIAMENT OFFICIAL REPORT (HANSARD) Wednesday, October 1, 1997 Speaker: The Honourable Gilbert Parent CONTENTS (Table of Contents appears at back of this issue.) The House of Commons Debates are also available on the Parliamentary Internet Parlementaire at the followingaddress: http://www.parl.gc.ca 323 HOUSE OF COMMONS Wednesday, October 1, 1997 The House met at 2 p.m. Columbians are crying out for federal leadership and this govern- ment is failing them miserably. _______________ Nowhere is this better displayed than in the Liberals’ misman- Prayers agement of the Pacific salmon dispute over the past four years. The sustainability of the Pacific salmon fishery is at stake and the _______________ minister of fisheries sits on his hands and does nothing except criticize his own citizens. D (1400) Having witnessed the Tory government destroy the Atlantic The Speaker: As is our practice on Wednesday we will now sing fishery a few years ago, this government seems intent on doing the O Canada, and we will be led by the hon. member for Souris— same to the Pacific fishery. Moose Mountain. It is a simple case of Liberal, Tory, same old incompetent story. [Editor’s Note: Members sang the national anthem] This government had better wake up to the concerns of British Columbians. A good start would be to resolve the crisis in the _____________________________________________ salmon fishery before it is too late. * * * STATEMENTS BY MEMBERS TOM EDWARDS [English] Ms. Judi Longfield (Whitby—Ajax, Lib.): Mr. Speaker, I rise today to recognize the outstanding municipal career of Mr. -
Language Guarantees and the Power to Amend the Canadian Constitution
Language Guarantees and the Power to Amend the Canadian Constitution Armand L. C. de Mestral and William Fraiberg * Introduction An official language may be defined as one ordained by law to be used in the public institutions of a state; more particularly in its legislature and laws, its courts, its public administration and its public schools.1 In Canada, while language rights have historically been an issue of controversy, only a partial provision for official languages as above defined is to be found in the basic constitutional Acts. The British North America Act, in sec. 133,2 gives limited re- cognition to both Engish and French in the courts, laws, and legis- latures of Canada and Quebec. With the possible exception of Quebec, the Provinces would appear to have virtually unlimited freedom to legislate with respect to language in all spheres of public activity within their jurisdiction. English is the "official" language of Mani- toba by statute 3 and is the language of the courts of Ontario.4 While Alberta and Saskatchewan have regu'ated the language of their schools,5 they have not done so with respect to their courts and • Of the Editorial Board, McGill Law Journal; lately third law students. 'The distinction between an official language and that used in private dis- course is clearly drawn by the Belgian Constitution: Art. 23. "The use of the language spoken in Belgium is optional. This matter may be regulated only by law and only for acts of public authority and for judicial proceedings." Peaslee, A. J., Constitutions of Nations, Concord, Rumford Press, 1950, p. -
Calgary Declaration Page 2 Freedom Flyer 33 June? 1998 Eec£6Ac We Get Fetters
THE OFFICIAL NEWSLETTER OF THE FREEDOM PARTY OF ONTARIO JUNE 1998 #33 Calgary Declaration Page 2 Freedom Flyer 33 June? 1998 eeC£6ac We get fetters ... Instead of bringing you our regular 'Openers' column this issue (which will return next issue), we thought we'd use this opportunity to let our readers do some of the talking, and to introduce you to a new regular feature of Freedom Flyer: Feedback. By no means exhaustive, the following selection of letters and e-mail represents a broad sampling of correspondence received by Freedom Pa~during the period January 1997 to May 1998. While many of these letters have already been personally responded to, others have not. Editorial responses, as they appear here, may be entirely new and/or edited versions of our original personal responses. To the greatest degree possible, original letters to Freedom Pa~ are left unedited, though there are exceptions with regard to length, structure and grammar (the latter applying particularly to e-mail and Usenet (news groups) correspondence). As always, we'd like to hear from you. Your comments, criticisms, suggestions, and occasional compliments are always welcomed. To contact Freedom Party, write: Box 2214, London, Ontario N6A 4E3, or fax us at (519) 681 -2857, or e-mail us at "feedback@freedomparty org". OJ NO DONATION up on freedom. To simply ignore the disastr· the text of Joe Armstrong's first-class ous consequences of drug prohibition and the speech to Kingston's Canadian Club. It's a Too bad you folks are still hung up on effect that such laws have on individual free· clarion call which, unfortunately, will not drugs! No donation. -
Federal Spending Power: Practices, Principles, Perspectives
Reflections on the Federal Spending Power: Practices, Principles, Perspectives Thomas J. Courchene IRPP Working Paper Series no. 2008-01 1470 Peel Suite 200 Montréal Québec H3A 1T1 514.985.2461 514.985.2559 fax www.irpp.org Reflections on the Federal Spending Power: Practices, Principles, Perspectives * Thomas J. Courchene ** I: INTRODUCTION AND OVERVIEW1 The federal spending power (FSP) has returned to centre stage in public policy debates, in large part due to Stephen Harper’s call for “open federalism” replete with a commitment to respect the constitutional division of powers on the one hand and the subsequent Parliamentary proclamation that “the Québécois form a nation within a united Canada” on the other. Watts (1999,1) defines the spending power as “the power of Parliament to make payments to people, institutions or provincial governments for purposes on which Parliament does not necessarily have the power to legislate, for example, in areas of exclusive provincial jurisdiction.” However, for the purposes of this paper the exercise of the federal spending power will be viewed more broadly and will encompass areas like federal regulation that can also affect the division of powers. In any event, the key issue here is that for Prime Minister Harper’s commitment to respect the constitutional division of powers to be credible it follows that the exercise of the federal spending power in selected areas must somehow be circumscribed. Not surprisingly, therefore, the October 2007 Speech from the Throne contained the following undertaking with respect to the narrower conception of the spending power: ...guided by our federalism of openness, our Government will introduce legislation to place formal limits on the use of the federal spending power for new shared-cost programs in areas of exclusive * This paper was prepared for the January 2008 symposium “Open Federalism and the Spending Power,” sponsored by Queen’s Law School and Queen’s Institute of Intergovernmental Relations. -
Monday, September 28, 1998
CANADA VOLUME 135 S NUMBER 127 S 1st SESSION S 36th PARLIAMENT OFFICIAL REPORT (HANSARD) Monday, September 28, 1998 Speaker: The Honourable Gilbert Parent CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire'' at the following address: http://www.parl.gc.ca 8431 HOUSE OF COMMONS Monday, September 28, 1998 The House met at 11 a.m. how taxpayers feel on certain issues, for example, the credibility of political leaders in negotiating these types of deals. _______________ Even though it is taxpayer money that is used to find out what the taxpayers feel about particular situations, they are not being Prayers told. They are not being given the information. We have some _______________ serious problems with that. This is very reminiscent of what happened with Brian Mulroney in 1992 when the Tories refused to release the taxpayer-funded PRIVATE MEMBERS’ BUSINESS polls on Charlottetown. It begs the question of why this taxpayer money is being spent. Why are these polls being held back? Why D (1100 ) are we not being apprised of the situation? [English] It boils down to a few reasons. One of the things the government likes to say is that somehow this will taint federal-provincial CALGARY DECLARATION relations. That was decided in court by Judge Rothstein. I will get into the quotes in a minute. In that case there was a determination Mr. Rob Anders (Calgary West, Ref.) moved: that the government did not have a legitimate case to deprive the That a Humble Address be presented to His Excellency praying that he will cause public of these documents. -
Yes, Your Tweet Could Be Considered Hate Speech,Ontario's
“Equitable Compensation” for a Breach of the Crown’s Fiduciary Duty Towards First Nations The Crown has a fiduciary relationship with Indigenous Peoples. What remedy do Indigenous Peoples have when the Crown breaches its fiduciary duty? The Supreme Court of Canada recently addressed this question in Southwind v Canada, which involved a breach that occurred nearly 100 years ago. In February 1928, the Governments of Canada, Ontario, and Manitoba entered into an agreement to dam Lac Seul in order to generate electricity for the growing city of Winnipeg.[1] The governments planned to raise the water level of Lac Seul by ten feet, which they knew would cause “very considerable” damage to the Lac Seul First Nation (LSFN), whose Reserve was — and still is — located on the southeastern shore of the lake.[2] When the dam was built, “[a]lmost one-fifth of [LSFN’s] best land was flooded and … [LSFN’s] members were deprived of their livelihood, robbed of their natural resources, and driven out of their homes.”[3] LSFN was not consulted on either the project itself,[4] or on the adequacy of the $50,000 compensation package that Canada and Ontario paid into the LSFN’s trust account in 1943.[5] As a general rule, the Crown owes a fiduciary duty towards an Indigenous group when it “assumes discretionary control over a specific Aboriginal interest.”[6] The Crown breached its duty in the Lac Seul dam project.[7] In this case, the remedy for the breach was “equitable compensation,” which the trial judge calculated according to what the Crown would have owed the LSFN under the laws of expropriation in 1929, when the breach occurred.[8] Mr Southwind, who was acting on behalf of the members of the LSFN, disagreed with this calculation and argued that the trial judge failed to consider the doctrine of equitable compensation in light of the constitutional principles of the honour of the Crown and reconciliation.[9] On July 16th, 2021, the Supreme Court ruled on Mr Southwind’s appeal. -
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. -
The Other Solitude
THE OTHER SOLITUDE Michel Doucet* It is a fact that New Brunswick’s two official linguistic communities don’t really know much about each other. There are many points of contact between francophones and anglophones in New Brunswick, but the two groups have not really been able to develop a real sense of understanding of each other. This is probably an overly simplistic conclusion to the relationship of the two communities in New Brunswick. Certainly from the Acadian community’s perspective, it is impossible to live in New Brunswick or in Canada and to ignore the presence of the anglophone community. The anglophone community is present in almost eveiy aspect of the francophone community’s daily life: they watch English-language television; they listen to English-language radio; they read the English press every day; they watch English-language movies; there are English expressions on the billboards all over the province, including predominant francophone regions, and English is the language of business and on the streets in many francophone areas of New Brunswick. In some cases, the presence of the English language and culture is so pervasive in the francophone community that it needs to shelter itself from them, a situation which immediately feeds into the misunderstanding between the two communities. Take, for example, the policies of many French-language schools in New Brunswick to ban the use of English during school hours. This is not well understood in the English community, while in the French community, people believe that sometimes it is necessary to adopt such policies in order to protect and preserve the French language. -
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 -
Denominational and Linguistic Guarantees in the Canadian Constitution: Implications for Quebec Education
Donald A. Burgess McGill University Denominational and Linguistic Guarantees in the Canadian Constitution: Implications for Quebec Education Abstract This article is primarily concerned with an analysis ofthe constitutional protection provided under s. 93 of the Constitution Act of 1867 and of s. 23 of the relatively new Charter of Rights and Freedoms. The context is pro vided by three recent events: the Supreme Court decision on Mahé v. Alberta, the Quebec reference case on Bill 107, and the school board elections in Montreal. The author concludes that s. 23 of the Charter may add signifi cantly to the protection qfforded to minorities in s. 93. Résumé Ce texte mise principalement sur l'analyse de la protection constitu tionnelle accordée sous l'article s. 93 de la Loi sur la Constitution de 1867, et l'article s. 23 de la relativement récente Charte des droits et libertés. Le contexte est fondé sur trois événements récents: la décision de la Cour suprême sur Mahé c. l'Alberta, le cas de référence du Québec sur le projet de loi 107, et les élections de la commission scolaire de Montréal. L'auteur conclut que s. 23 de la Charte pourrait augmenter de façon très significative le degré de protection accordé aux minorités sous l'article s. 93. Since the Quiet Revolution of the 1960s, successive Quebec govern ments have attempted to change the Province's denominational (or confes sional) system of education and to replace it with a system of school boards based instead on sorne form of territorial or linguistic criteria. So far, these government initiatives have been unsuccessful, either because they have proved to be too controversial and subsequently have been withdrawn, or McGill Journal of Education, Vol. -
Schools, Signs, and Separation: Quebec Anglophones, Canadian Constitutional Politics, and International Language Rights
Denver Journal of International Law & Policy Volume 27 Number 3 Summer Article 4 May 2020 Schools, Signs, and Separation: Quebec Anglophones, Canadian Constitutional Politics, and International Language Rights William Green Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation William Green, Schools, Signs, and Separation: Quebec Anglophones, Canadian Constitutional Politics, and International Language Rights, 27 Denv. J. Int'l L. & Pol'y 449 (1999). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. SCHOOLS, SIGNS, AND SEPARATION: QUEBEC ANGLOPHONES, CANADIAN CONSTITUTIONAL POLITICS, AND INTERNATIONAL LANGUAGE RIGHTS WILLIAM GREEN* I. INTRODUCTION Contemporary Canadian politics has been defined by Quebec's vi- sion of the province as a linguistically distinct society and by its 1980 and 1995 sovereignty referendums.' Quebec's rejection of Canada as a bilingual nation, embodied in the 1982 Charter of Rights and Free- doms, 2 and Canada's obsession with keeping Quebec in Canada have, however, left unexamined the impact of the province's language policies on its anglophone minority. In Quebec, the enactment of the Charter of the French Language 3 and the government's promotion of a French cul- ture have intruded upon the Canadian Charter freedom of its anglo- phones to conduct their business in English and their Canadian Char- ter right to have their children educated in English.4 In response, the * William Green, Professor of Government, Morehead State University; J.D., University of Kentucky, 1984; Ph.D., State University of New York at Buffalo, 1977; and M.A. -
The Politics of Asymmetrical Federalism: Reconsidering the Role and Responsibilities of Ottawa Author(S): Kathy L
Canadian Public Policy The Politics of Asymmetrical Federalism: Reconsidering the Role and Responsibilities of Ottawa Author(s): Kathy L. Brock Reviewed work(s): Source: Canadian Public Policy / Analyse de Politiques, Vol. 34, No. 2 (Jun., 2008), pp. 143-161 Published by: University of Toronto Press on behalf of Canadian Public Policy Stable URL: http://www.jstor.org/stable/25463605 . Accessed: 02/10/2012 16:46 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. University of Toronto Press and Canadian Public Policy are collaborating with JSTOR to digitize, preserve and extend access to Canadian Public Policy / Analyse de Politiques. http://www.jstor.org The Politics of Asymmetrical Federalism: Reconsidering the Role and Responsibilities of Ottawa Kathy L. Brock School of Policy Studies and Department of Political Studies Queen's University, Kingston, Ontario Dans cet article, je soutiens que, s'il est souhaitable et meme n6cessaire que les diverses composantes de toute federation concluent des arrangements asymetriques, au Canada, depuis plusieurs ann6es, les empifctements du gouvernement federal sur les competences des provinces ont graduellement suscite un r6flexe protecteur dans les provinces, et que cela a entrain^ une multiplication des ententes reconnaissant les differences provinciales.