DOCSLIB.ORG

35823 BETWEEN: And: And: in the SUPREME COURT of CANADA

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
35823 BETWEEN: And: And: in the SUPREME COURT of CANADA Publication Ban Interdiction de publication Court File No.: 35823 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE YUKON COURT OF APPEAL) BETWEEN: COMMISSION SCOLAIRE FRANCOPHONE DU YUKON, DISTRICT SCOLAIRE NO. 23 Appellant and: ATTORNEY GENERAL OF YUKON TERRITORY Respondent and: THE ATTORNEY GENERAL FOR SASKATCHEWAN, THE ATTORNEY GENERAL OF THE NORTHWEST TERRITORIES, THE ATTORNEY GENERAL OF QUEBEC, THE ATTORNEY GENERAL OF BRITISH COLUMBIA, THE COMMISSIONER OF OFFICIAL LANGUAGES OF CANADA, CONSEIL SCOLAIRE FRANCOPHONE DE LA COLOMBIE­ BRITANNIQUE, FEDERATION DES PARENTS FRANCOPHONES DE LA COLOMBIE­ BRITANNIQUE, FEDERATION DES PARENTS FRANCOPHONES DE L' ALBERTA, FEDERATION NATIONALE DES CONSEILS SCOLAIRES FRANCOPHONES, FEDERATION NATIONALE DES COMMUNAUTES FRANCOPHONES ET ACADIENNE DUCANADA Interveners FACTUM OF THE INTERVENOR ATTORNEY GENERAL FOR SASKATCHEWAN Filed pursuant to Rules 37 and 42 of the Rules of the Supreme Court of Canada Attorney General for Saskatchewan Intervener Ottawa Agent Alan F. Jacobson and Barbara C. Mysko D. Lynne Watt Constitutional Law Branch Gowling Lafleur Henderson LLP Saskatchewan Ministry of Justice 160 Elgin Street, Suite 2600 and Attorney General Ottawa, ON KIP 1C3 8th floor, 1874 Scarth Street Telephone- (613) 786-8695 Regina, SK S4P 4B3 Fax - (613) 788-3509 Telephone - (306) 787-1087 lynne.watt(a{gowlings.com Fax - (306) 787-9111 [email protected] Publication Ban Interdiction de publication Commission Scolaire Francophone du Yukon, District Scolaire no. 23 Appellant Ottawa Agent Roger J.F. Lepage, Francis Poulin and Justin Dubois Romain Baudemont Juristes Power Law Miller Thomson LLP I30 Albert Street, Suite II 03 2I 03 - II th A venue, Suite 600 Ottawa, ON KIP 504 Regina, SK S4P 3Z8 Telephone- (6I3) 702-5566 Telephone (306) 347-8300 Fax - (613) 702-5566 Fax (306) 347-8350 [email protected] [email protected] Attorney General of Yukon Territory Respondent Maxime Faille and Fran~ois Baril Gowling Lafleur Henderson LLP I60 Elgin Street, Suite 2600 Ottawa, ON KIP IC3 Telephone - (6I3) 233-I78I Fax - (6I3) 563-9869 [email protected] Attorney General of the Northwest Territories Intervener Guy Regimbald Gowlings Lafleur Henderson LLP I60 Elgin Street, Suite 2600 Ottawa, ON KIP IC3 Telephone - (613) 233-I78I Fax - (6I3) 563-9869 [email protected] -2- Publication Ban Interdiction de publication Attorney General of Quebec Intervener Pierre Landry Noel & Associes 111 rue Champlain Gatineau, QC J8X 3R1 Telephone - (819) 771-73 93 Fax- (819) 771-5397 p.landry(a),noelassocies.com Attorney General of British Columbia Intervener Ottawa Agent Karrie Wolfe and Leah Greathead Robert E. Houston, Q.C. Attorney General of British Columbia Burke-Robertson 1001 Douglas Street, 6th floor 441 MacLaren Street, Suite 200 P.O. Box 9280, Station Prov. Govt. Ottawa, ON K2P 2H3 Victoria, BC V8W 9J7 Telephone- (613) 236-9665 Telephone- (250) 356-6185 Fax - (613) 235-4430 Fax- (250) 356-9154 [email protected] [email protected] Commissioner of Official Languages of Canada Intervener Pascale Giguere and Mathew Croitoru Commissioner of Official Languages of Canada 30 Victoria Street, 6th floor Gatineau, QC K 1A OT8 Telephone- (819) 420-4869 Fax - (819) 420-4864 pascale.giguere(a),ocol-clo.gc.ca -3- Publication Ban Interdiction de publication Conseil Scolaire Francophone de Ia Colombie-Britannique and Federation des Parents Francophones de Ia Colombie­ Britannique Ottawa Agent Intervenors Elie Ducharme Maxine Vincelette and David P. Taylor Juristes Power Law Juristes Power I30 Albert Street, Suite 1103 1199 Hastings Street West, Suite 90I Ottawa, ON KIP 5G4 Vancouver, BC V6E 3T5 Telephone- (613) 702-5563 Telephone- (604) 365-0340 Fax - (613) 702-5561 Fax - (888) 404-2227 [email protected] mvi ncelette@juristespower. ca Federation des Parents Francophones de I' Alberta Ottawa Agent Intervener Justin Dubois Nicolas M. Rouleau Juristes Power 720 Brock Street 139 Albert Street, Suite Il03 Toronto, ON M6H 3P2 Ottawa, ON KIP 5G4 Telephone- ( 4I6) 885-136I Telephone - (613) 702-5560 Fax - (888) 850-I306 Fax - (613) 702-5560 [email protected] [email protected] Federation Nationale des Conseils Scolaires Francophones & Federation des Communautes Francophones et Acadienne du Canada Ottawa Agent Interveners Justin Dubois Mark C. Power Juristes Power Juristes Power 139 Albert Street, Suite II 03 II99 Hastings Street West, Suite 90I Ottawa, ON KIP 5G4 Vancouver, BC V6E 3T5 Telephone- (613) 702-5560 Telephone (604) 265-0340 Fax- (613) 702-5560 Fax: (604) 265-0340 [email protected] [email protected] -4- Publication Ban Interdiction de publication TABLE OF CONTENTS Page Part I: Overview and Facts A. Overview 1 B. Facts 2 Part II: Point in Issue 2 A. The Constitutional Questions 2 B. Position of the Intervener 3 Part III: Argument 3 A. Scope ofthe Constitutional Question 3 B. Relevant General Principles 4 i. A Purposive and Generous Interpretation of Section 23 4 C. The Saskatchewan Context 6 1. Relevant Provincial Legislation 6 11. Ongoing Litigation 6 D. The Interpretative Process 8 1. The Character and the Larger Objects of the Charter and the 8 Historical Origins of the Right a. Control over Provincial Funding Priorities and 8 Institutional Mechanisms b. Protecting Against the Assimilation of the Minority Language 10 Community 11. The Language Chosen to Articulate the Specific Right 12 a. The Numbers Warrant Threshold and Management 13 and Control iii. The Meaning and Purpose ofthe Other Specific Rights and Freedoms 14 with which it is Associated within the Text ofthe Charter + Publication Ban Interdiction de publication Page E. The Principle ofFederalism 15 F. Conclusion 17 Part IV: Costs 17 Part V: Nature of Order Sought 18 Part VI: Table of Authorities 19 Part VII: Statutes, Regulations and Rules 21 -ii- Publication Ban Interdiction de publication PART I OVERVIEW AND FACTS A. Overview 1. The Attorney General for Saskatchewan ("Saskatchewan") advocates for an interpretation of section 23 that is consistent with both its text and its purpose. As confirmed in Solski (Tutor of) v Quebec (Attorney General), R v Nguyen, and Gosselin (Tutor of) v Quebec (Attorney General/, an interpretation of management and control that unduly expands the potential beneficiaries under section 23 risks undermining the very objective of the right. While the right must be placed in its proper linguistic, philosophic and historical contexts, the goal of redress for past wrongs should not recast the right beyond its intended purpose. 2. Saskatchewan submits that there is no ambiguity in the three categories of rights holders. Nor can management and control be extended so as to allow for open-ended admissions policies which fall outside the scope of the right. To breathe life into the expressed purpose of the provision does not mean to expand the scope beyond that which is explicitly and specifically delineated. 3. Two factors militate against an overly expansive approach to the rights holders' management and control. First, provinces must retain a measure of control over provincial funding priorities and institutional mechanisms in the delivery of education across the province. A provincial government's jurisdiction over education should not be curtailed beyond what is necessary to implement the requirements of the Charter. Saskatchewan submits that the specificity of the categories under section 23 is confirmation of the limits inherent in the obligation. Second, the primary purpose of section 23 is to protect the minority language community from assimilation and to maintain the integrity of the very language that is at risk. The well-established categories of rights holders allow the courts to ensure that this purpose is upheld. 1Solski (Tutor of) v Quebec (Attorney General), [2005] 1 SCR 201,2005 SCC 14 [Solski] [Appellant's Book of Authorities ("ABA") Vo12 Tab 32]; R v Nguyen, [2009] 3 SCR 208,2009 SCC 25 [Nguyen] [Respondent's Book of Authorities ("RBA") Vol3 Tab 36; and Gosselin (Tutor of) v Quebec (A ttorney General, [2005] 1 SCR 238, 2005 SCC 15 [Gosselin] [RBA Vol2 Tab 21]. Publication Ban Interdiction de publication 2 4. Saskatchewan submits that an extension of the right to management and control over student admissions does not find support in the case law. In light of this Court's Quebec jurisprudence, Saskatchewan urges the Court not to adopt a finding which would allow for an asymmetrical application of section 23. It should not be the case that rights holders and their boards are constitutionally entitled to exercise management of school admissions in some jurisdictions, and not in others. B. Facts 5. Saskatchewan intervenes in this appeal pursuant to Rule 61(4) of the Rules of the Supreme Court of Canada and a Notice of Intention to Intervene filed with the Registrar dated September 9, 2014. 6. Saskatchewan accepts the facts as set out in the Respondent's Factum, the Attorney General ofYukon. PART II POINTS IN ISSUE A. The Constitutional Questions 7. The Constitutional Questions set out in the Order of the Chief Justice2 read as follows: 1. Do sections 2, 5 and 9 of the French Language Instruction Regulation, YOIC 1996/099, infringe section 23 ofthe Canadian Charter ofRights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under section 1 of the Canadian Charter ofRights and Freedoms? 2 Order ofMcLachlin C.J., dated August 21, 2014; Appellant's Factum, Appendix B. Publication Ban Interdiction de publication 3 B. Position of the Intervener 8. Saskatchewan submits that the answers to the Constitutional Questions are "no" and "yes" respectively. 9. In its submissions, Saskatchewan will focus on the first Constitutional Question. PART III ARGUMENT A. Scope of the Constitutional Question 10. The first Constitutional Question goes to the constitutionality of specific sections of the French Language Instruction Regulation, YOIC 1996/099 (the "Yukon Regulation"). The Constitutional Question raises the issue of the proper exercise of governmental authority.
Load more

Recommended publications
  • Brief by Professor François Larocque Research Chair In
    BRIEF BY PROFESSOR FRANÇOIS LAROCQUE RESEARCH CHAIR IN LANGUAGE RIGHTS UNIVERSITY OF OTTAWA PRESENTED TO THE SENATE STANDING COMMITTEE ON OFFICIAL LANGUAGES AS PART OF ITS STUDY OF THE OFFICIAL LANGUAGES REFORM PROPOSAL UNVEILED ON FEBRUARY 19, 2021, BY THE MINISTER OF ECONOMIC DEVELOPMENT AND OFFICIAL LANGUAGES, ENGLISH AND FRENCH: TOWARDS A SUBSTANTIVE EQUALITY OF OFFICIAL LANGUAGES IN CANADA MAY 31, 2021 Professor François Larocque Faculty of Law, Common Law Section University of Ottawa 57 Louis Pasteur Ottawa, ON K1J 6N5 Telephone: 613-562-5800, ext. 3283 Email: [email protected] 1. Thank you very much to the honourable members of the Senate Standing Committee on Official Languages (the “Committee”) for inviting me to testify and submit a brief as part of the study of the official languages reform proposal entitled French and English: Towards a Substantive Equality of Official Languages in Canada (“the reform proposal”). A) The reform proposal includes ambitious and essential measures 2. First, I would like to congratulate the Minister of Economic Development and Official Languages for her leadership and vision. It is, in my opinion, the most ambitious official languages reform proposal since the enactment of the Constitution Act, 1982 (“CA1982”)1 and the Canadian Charter of Rights and Freedoms (“Charter”),2 which enshrined the main provisions of the Official Languages Act (“OLA”)3 of 1969 in the Canadian Constitution. The last reform of the OLA was in 1988 and it is past time to modernize it to adapt it to Canada’s linguistic realities and challenges in the 21st century. 3. The Charter and the OLA proclaim that “English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.”4 In reality, however, as reported by Statistics Canada,5 English is dominant everywhere, while French is declining, including in Quebec.
    [Show full text]
  • Jurisdictional Dilemmas in Resource Industries I
    1979) JURISDICTIONALDILEMMAS 91 JURISDICTIONALDILEMMAS IN RESOURCEINDUSTRIES WILLIAM M. ELLIOTT• This paper highlights constitutional dilemmas posed by the Canadian constitution in matters of resource regulation., marketing and taxation., with particular em­ phasis on Saskatchewan. The background to and impact of the CIGOL case is examined, including a discussion of the issues of direct tazation and the trade and commerce power. Ancillary matters such as recovery of payments under invalid laws and techniques of interim relief also receive scndiny. Similar problems in the potash and uranium industries are analyzed. I. INTRODUCTION The dilemmas posed by constitutional limitations on the powers of provincial governments and the federal government are not confined to oil and gas, but include all resources. Oil and gas are merely part of a larger question. Furthermore, the problems vary from region to region and province to province, and the approaches and solutions vary with the political philosophy of governments of the day. The struggle is not new and will not go away even in the event of constitutional change. Corporations, whether private or publicly owned, will always be faced with the discipline of the bottom line and governments with the real or fancied "need" of politicians and tax gatherers. The words "fair", "reasonable," "just' and "unconstitu­ tional" will continue to be heard. One should not expect any so-called solutions to be more than a te.mporary lull before another storm. In a huge country divided by regions, and governed by a federal system with divided constitutional powers, the possibilities of disagreement are endless. II. HISTORY Sections 91 and 92 of the British North America Act 1 give rise to most of the jurisdictional questions.
    [Show full text]
  • The Influence of Stare Decisis on Judicial Decision-Making
    University of Windsor Scholarship at UWindsor Electronic Theses and Dissertations Theses, Dissertations, and Major Papers 2005 Taking precedents seriously: The influence of stare decisis on judicial decision-making. Mark Chalmers University of Windsor Follow this and additional works at: https://scholar.uwindsor.ca/etd Recommended Citation Chalmers, Mark, "Taking precedents seriously: The influence of stare decisis on judicial decision-making." (2005). Electronic Theses and Dissertations. 3718. https://scholar.uwindsor.ca/etd/3718 This online database contains the full-text of PhD dissertations and Masters’ theses of University of Windsor students from 1954 forward. These documents are made available for personal study and research purposes only, in accordance with the Canadian Copyright Act and the Creative Commons license—CC BY-NC-ND (Attribution, Non-Commercial, No Derivative Works). Under this license, works must always be attributed to the copyright holder (original author), cannot be used for any commercial purposes, and may not be altered. Any other use would require the permission of the copyright holder. Students may inquire about withdrawing their dissertation and/or thesis from this database. For additional inquiries, please contact the repository administrator via email ([email protected]) or by telephone at 519-253-3000ext. 3208. TAKING PRECEDENTS SERIOUSLY: THE INFLUENCE OF STARE DECISIS ON JUDICIAL DECISION-MAKING by Mark Chalmers A Thesis Submitted to the Faculty of Graduate Studies and Research through Political Science in Partial Fulfillment of the Requirements for the Degree of Master of Arts at the University of Windsor Windsor, Ontario, Canada 2005 © 2005 Mark Chalmers Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
    [Show full text]
  • 1St Session 19Th Legislature
    JOURNALS of the LEGISLATIVE ASSEMBLY of the Province of Saskatchewan From the 22nd day of February. 1979 to the 3rd day of May. 1979 In the Twenty-eighth Year of the Reign of Our Sovereign Lady, Queen Elizabeth II BEING THE FIRST SESSION OF THE NINETEENTH LEGISLATURE OF THE PROVINCE OF SASKATCHEWAN Session, 1979 REGINA: R. S. REID. QUEEN'S PRINTER 1979 VOLUME LXXXV CONTENTS Session, 1979 JOURNALS of the Legislative Assembly of Saskatchewan including QUESTIONS AND ANSWERS Pages 1 to 197 JOURNALS of the Leg1slat1ve Assembly of Saskatchewan Pages 1 to 194 QUESTIONS AND ANSWERS Appendix Pages 195 to 197 MEETING OF THE LEGISLATIVE ASSEMBLY CAMERON IRWIN MclNTOSH. Lieutenant Governor, (L.S.) CANADA PROVINCE OF SASKATCHEWAN ELIZABETHTHE SECOND. by the Grace of God of the United Kingdom. Canada and Her other Realms and Territories QUEEN. Head of the Commonwealth, Defender of the Faith. TO OUR FAITHFUL the MEMBERS elected to serve in the Legislative Assembly of Our Province of Saskatchewan. and to every one of you. GREETING: A PROCLAMATION DR. R. GOSSE. WHEREAS. it is expedient for causes Deputy and considerations to convene the Attorney General Legislative Assembly of Our Prov- ince of Saskatchewan. WE DO WILL that you and each of you and all others in this behalf interested on THURSDAY. the TWENTY-SECOND day of FEBRUARY. 1979, at Our City of Regina. personally be and appear for the despatch of Business. there to take into consideration the state and welfare of Our said Province of Saskatchewan and thereby do as may seem necessary. HEREIN FAIL NOT. IN TESTIMONY WHEREOF we have caused Our Letters to be made Patent and the Great Seal of Our said Province of Saskatchewan to be hereunto affixed.
    [Show full text]
  • Treaty Implementation: Fulfilling the Covenant
    TREATY IMPLEMENTATION: FULFILLING THE COVENANT Office of the Treaty Commissioner Saskatoon, Saskatchewan © Office of the Treaty Commissioner 2007. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of the Office of the Treaty Commissioner. ISBN 978 – 0 – 9782685 – 0 – 3 Printed in Canada Published by the Office of the Treaty Commissioner Saskatoon, Saskatchewan, Canada Publication of this book has been made possible with the cooperation of the Saskatchewan Institute of Public Policy Treaty Implementation: Fulfilling the Covenant Table of Contents TABLE OF CONTENTS LETTER OF TRANSMITTAL . vii ACKNOWLEDGMENTS . ix EXECUTIVE SUMMARY . xii SUMMARY OF RECOMMENDATIONS . xix 1. INTRODUCTION . 1 The Exploratory Treaty Table . 3 Two Perspectives on the Treaties . 4 The Statement of Treaty Issues . 5 The “Made in Saskatchewan” Process . 7 The Governance Agreements in Principle . 8 About This Report . 9 2. THE INTENTIONS OF THE TREATY PARTIES . 15 Spirit and Intent of Treaties: The Elders’ Understanding . 15 a) Elders’ Understanding of Treaty Principles . 17 b) Wîtaskêwin – Living Together on the Land . 18 c) Elements of Treaty that Require Flexibility and Adaptability . 20 The Numbered Treaties: Canada’s Understandings . 21 a) The Policy of the Royal Proclamation of 1763 . 22 b) Legislative Policies and the Indian Act . 24 c) Treaties in the Modern Era . 26 Conclusion: Identifying Common Intentions as a Guide to the Future . 27 3. APPROACHES AT THE EXPLORATORY TREATY TABLE . 29 Federation of Saskatchewan Indian Nations Approach . 30 Canada’s Approach . 31 Common Understandings .
    [Show full text]
  • Michel Bastarache's Language Rights Legacy
    The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 47 (2009) Article 13 Michel Bastarache’s Language Rights Legacy Michel Y. Hélie 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 Hélie, Michel Y.. "Michel Bastarache’s Language Rights Legacy." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 47. (2009). http://digitalcommons.osgoode.yorku.ca/sclr/vol47/iss1/13 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. Michel Bastarache’s Language Rights Legacy Michel Y. Hélie I. CONQUEST TO CONFEDERATION On a battlefield almost 250 years ago, General Wolfe faced the Marquis de Montcalm and the dream of une Amérique française died. La Nouvelle-France, even then commonly known as Canada, became a British colony and the status of the language of Molière became uncertain, threatened and the source of conflict ever since. The constitutional status of the French language today in Canada, the direction in which it is headed, and the influence the Honourable Michel Bastarache has exerted over these issues is the subject of this paper. Although the intention of the British Empire to assimilate its newest acquisition is beyond doubt, the French fact, that is, the overwhelming majority of French-speaking inhabitants north of the American colonies, presented a significant challenge to achieving this goal.
    [Show full text]
  • Francophone Minority Communities: the Last Constitutional Standard-Bearers of Trudeau’S Language Regime Emmanuelle Richez
    Document généré le 30 sept. 2021 07:20 International Journal of Canadian Studies Revue internationale d’études canadiennes Francophone Minority Communities: The Last Constitutional Standard-Bearers of Trudeau’s Language Regime Emmanuelle Richez Francophonies, Interculturality, Cultures and Strategies Résumé de l'article Francophonies, interculturalité, cultures et stratégies Les communautés francophones et Acadiennes du Canada (CFAC) ont été Numéro 45-46, 2012 jusqu’à présent les principaux porte-étendards du régime linguistique de Pierre Elliott Trudeau sur le plan constitutionnel, en faisant la promotion d’un URI : https://id.erudit.org/iderudit/1009893ar bilinguisme non-territorialisé par le biais de la revue judiciaire. Toutefois, ce DOI : https://doi.org/10.7202/1009893ar régime s’effrite lentement et ne peut plus satisfaire les besoins des CFAC. Premièrement, cet article explique en quoi les droits des minorités linguistiques étaient la pierre angulaire du projet politique de Trudeau et Aller au sommaire du numéro comment une interdépendance idéologique s’est installée entre ce dernier et les CFAC. Deuxièmement, l’article décrit comment le contexte institutionnel d’après 1982 a grandement facilité l’atteinte des objectifs constitutionnels des Éditeur(s) CFAC. Troisièmement, il évalue dans quelle mesure leurs objectifs ont été satisfaits, en faisant un survol de la jurisprudence de la Cour Suprême basée Conseil international d’études canadiennes sur la Charte dans le domaine des droits des minorités francophones, ainsi que de ses conséquences politiques. Enfin, l’article conclue que les CFAC ont épuisé ISSN le potentiel du régime linguistique de Trudeau et qu’elles doivent désormais le 1180-3991 (imprimé) dépasser, si elles veulent assurer leur épanouissement futur.
    [Show full text]
  • 209 AMENDING the BRITISH NORTH AMERICA ACT. Every
    209 AMENDING THE BRITISH NORTH AMERICA ACT. Every Canadian should be inspired by the vision of the Fathers of Confederation in their conception of one vast nation of the British Provinces in North America, stretching from sea to sea, and by the ability and courage they displayed in putting their patriotic vision into practical effect. But the B .N.A. Act makes no special provision for its amendment and the suggestion is sometimes made that this point was overlooked. I believe the Fathers of Confederation assumed that any amendments to the Act would, as the occasion arose, be made by the Imperial Parliament . I can find no reference in pre-Confederation speeches to the amendment of the proposed Act, except that in the debates of the Canadian Parliament of 1865 the Hon . D'Arcy McGee said :- "We go to the Imperial Government, the common arbiter of us all, in our true Federal metropolis-we go there to ask for our fundamental Charter. We hope, by having that Charter can that only be amended by the authority that made it, that we will lay the basis of permanency for our future government." -"Canada Confederation Debates", (1865) page 146. There is a very substantial part of the Canadian Constitution outside the B.N.A. Act, which, following British precedent, grows. and develops. The B .N.A. Act, however, can only be amended by statute and, defining as it does the legislative power of the Dominion and provinces respectively, the question as to how it should be amended has of late years become a matter of increasing importance .
    [Show full text]
  • Indian Reserves on the Prairies 243
    1985] INDIAN RESERVES ON THE PRAIRIES 243 INDIAN RESERVES ON THE PRAIRIES RICHARD H. BARTLETT~ Indian reserves comprise the only land left to the Indians of the Prairie Provinces. This paper endeavors to examine and explain the rights of ownership and administra­ tion held by the Indians and Governments in such lands. It endeavors to determine what the treaties between the Indians and the Crown promised and to what extent they have been fulfilled. Rights with respect to minerals and timber are examined in the course of the study. I. THE ESTABLISHMENT OF INDIANS RESERVES BY TREATY 1 Alberta, Manitoba and Saskatchewan make up the Prairie Provinces of Canada. The southern reaches of the Provinces were the traditional lands of the plains' tribes: the Plains Cree, the Assiniboine, the Gros Ventre, the Blackfoot and the Sarcee. 2 To the north the forests were the territory of the Chipewyan, Beaver, Slave and Sekani tribes. 3 The traditional title of the Indians to their lands was recognized in the terms of the treaties that were entered into between the Crown in the right of the Dominion and the Indians. The treaties provided for the surrender of the Indian title in return for the establishment of reserves, guarantees as to hunting and fishing rights, annuities and certain social and economic undertakings. The treaties were entered into as the pressure of settlement and development demanded. Indian title in southern Manitoba and Saskat­ chewan was surrendered by Treaties #1 (1871), #2 (1871), #3 (1873) and #4 (1874). Central Manitoba, Saskatchewan and Alberta was surrendered by Treaties #5 (1875) and #6 (1876).
    [Show full text]
  • S.C.C. File No. 35923 in the SUPREME COURT of CANADA (ON APPEAL from the COURT of APPEAL for SASKATCHEWAN) a TTORNEY GENERAL
    S.C.C. File No. 35923 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR SASKATCHEWAN) A TTORNEY GENERAL FOR SASKATCHEWAN APPELLANT (Respondent) - and- LEMARE LAKE LOGGING LTD. RESPONDENT (Appellant) - and- ATTORNEY GENERAL OF ONTARIO, ATTORNEY GENERAL OF BRITISH COLUMBIA, ATTORNEY GENERAL OF ALBERTA INTERVENERS FACTUM OF THE ATTORNEY GENERAL FOR SASKATCHEWAN (Filed Pursuant to s 42 of the Supreme Court Rules) SASKATCHEWAN MINISTRY OF GOWLING LAFLEUR HENDERSON JUSTICE LLP Constitutional Law Barristers and Solicitors 820 - 1874 Scarth Street 160 Elgin Street, Suite 2600 REGINA SK S4P 4B3 OTTAWA ON KIP lC3 Tel: (306) 787-6307 Tel: (613) 786-8695 Fax: (306) 787-9111 Fax: (613) 788-3509 Email: [email protected] Email: [email protected] Thomson Irvine D. Lynne Watt Katherine Roy Counsel for the Attorney General for Ottawa Agents for Attorney General for Saskatchewan Saskatchewan - 2 - MACPHERSON LESLIE & TYERMAN DENTONS CANADA LLP 1500,410 - 22 nd Avenue East 99 Bank Street, Suite 1420 SASKATOON SK S7K 5T6 OTTAWA ON KIP 1H4 Tel: (306) 975-7136 Tel: (613) 783-9600 Fax: (306) 945-7145 Fax: (613) 783-9690 Email: [email protected] Email: [email protected] Jeffrey M. Lee, Q.c. K. Scott McLean Kristen MacDonald Corey A. Villeneuve (Law Clerk) Counsel for amicus curiae Ottawa Agents for the amicus curiae MINISTRY OF THE ATTORNEY BURKE-ROBERTSON GENERAL OF ONTARIO 441 MacLaren Street Constitutional Law Branch Suite 200 4th Floor - 720 Bay Street OTTA WA ON K2P 2H3 TORONTO ON M7 A 2S9 Tel: (416) 326-0131 Tel: (613) 236-9665 Fax: (416) 326-4015 Fax: (613) 235-4430 Email: [email protected] Email: [email protected] Michael Dunn Robert E.
    [Show full text]
  • Michel Bastaracheâ•Žs Language Rights Legacy
    The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 47 (2009) Article 13 Michel Bastarache’s Language Rights Legacy Michel Y. Hélie 2009 CanLIIDocs 358 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 Hélie, Michel Y.. "Michel Bastarache’s Language Rights Legacy." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 47. (2009). http://digitalcommons.osgoode.yorku.ca/sclr/vol47/iss1/13 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. Michel Bastarache’s Language Rights Legacy Michel Y. Hélie 2009 CanLIIDocs 358 I. CONQUEST TO CONFEDERATION On a battlefield almost 250 years ago, General Wolfe faced the Marquis de Montcalm and the dream of une Amérique française died. La Nouvelle-France, even then commonly known as Canada, became a British colony and the status of the language of Molière became uncertain, threatened and the source of conflict ever since. The constitutional status of the French language today in Canada, the direction in which it is headed, and the influence the Honourable Michel Bastarache has exerted over these issues is the subject of this paper. Although the intention of the British Empire to assimilate its newest acquisition is beyond doubt, the French fact, that is, the overwhelming majority of French-speaking inhabitants north of the American colonies, presented a significant challenge to achieving this goal.
    [Show full text]
  • The Companies Act
    1 COMPANIES c. C-23 The Companies Act being Chapter C-23 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1980-81, c.21; 1989-90, c.5 and c.54; 1992, c.A-24.1; 2000, c.L-5.1; 2004, c.L-16.1; 2009, c.27; 2010, c.B-12; 2012, c.F-13.5; 2013, c.O-4.2 and c.W-17.11, 2015, c.21; and 2018, c.42. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c. C-23 COMPANIES 3 COMPANIES c. C-23 Table of Contents SHORT TITLE ANCILLARY POWERS 1 Short title 30 Ancillary powers ADMINISTRATION 31 Official seal for use outside province 2 Administration of Act 32 Power of attorney 33 Representation at meetings of other companies INTERPRETATION 3 Interpretation 34 Power to hold property as joint tenant 35 Restrictions on company where prospectus not issued PART I Incorporation of Companies 36 Restrictions on company where prospectus issued CONSTITUTION AND ORGANIZATION 37 Exceptions to s.35 and s.36 4 Prohibition of formation of unregistered associations 38 Certificate to commence business for gain 39 Variation of contracts before statutory meeting 5 Mode of forming incorporated company 40 Certain shares, etc., not to be dealt with before 6 Objects of a specially limited
    [Show full text]