Sentences with phrase «canadian constitutional law»

But the Court's reasoning might also signal a new departure, a shift in Canadian constitutional law and theory.

Such individuals who wish to develop an advanced knowledge of Canadian constitutional law.

An unsophisticate search for law AND Canada OR Canadian turns up a good bunch of interesting material, starting with Marc Ribeiro's 2005 book, Limiting Arbitrary Power: The Vagueness Doctrine in Canadian Constitutional Law (Vancouver: UBC Press), ISBN 0774810513, with an index that might be useful.

Viscount Haldane: Wicked Stepfather of the Canadian Constitution — «Lord Haldane is well - known to historians of Canadian constitutional law as one of the Privy Council judges most responsible for re-shaping the division of powers in the direction of greater provincial power after World War One.

Canadian constitutional law, being rooted in the liberal - democratic political tradition, has inherited a particular, liberal conception of freedom as being conceptually limitless.

Under Canadian constitutional law, once such a release is given those lands are subject to the general provincial ownership of crown lands and natural resources and the federal government loses all rights to deal with such lands on behalf of the Aboriginal people.

It illustrates, I think, some worrying tendencies in Canadian constitutional law generally, and also the difficulties which challenges to the government's healthcare monopoly specifically will face.

The «Persons» case became the basis in Canadian constitutional law for the living tree doctrine.

The strengths of The Practical Guide are the extensive coverage of Canadian research tools, and good introductions to researching Canadian constitutional law, English law, American law, Australia law, New Zealand law, foreign law, and international law.

Referring to the role he played in one of the most influential cases in Canadian constitutional law, Oakes was quoted as saying «I could do without.»

Find general information on Canadian constitutional law and specific information on courses taught by Professor Joseph E. Magnet at the University of Ottawa.

In so doing, Canadian courts have focused on a few civil liberties topics, which may be of interest to the student of Canadian constitutional law:

Also, I'm pretty sure foreign trained lawyers have to be accredited by the NCA before they can sit the bar, which may involve them learning about Canadian constitutional law.

Double Aspect, the Canadian constitutional law blog of Leonid Sirota, won the The Fodden Award for Best Canadian Law Blog overall.

A caveat applies that the Supreme Court of Canada separately considered the constitutional and the international aspects of secession whereas the democratic aspects of independence referendums were expressly based on Canadian constitutional law.

Leading the honorees as Best Canadian Law Blog is Double Aspect, the Canadian constitutional law blog written by Leonid Sirota, a J.S.D. candidate at NYU School of Law.

Good point on the 1993 election which I recall well as I was taking a course in Canadian Constitutional Law at the time.

These doctrines are standard parts of Canadian constitutional law and there is no reason to think that they are not equally applicable to a law that relies for its validity on s 92A (2).

Not exact matches

On the law, the judges say the constitutional underpinning of Canadian federalism must be respected.

Only by knowing this, can present - day Canadians know the meaning of our constitutional law.

«If it's determined that a prospective law violates the constitutional protections to freedom of religion to which all Canadians are entitled,» Kenney said on Parliament Hill, «we will defend those rights vigorously.»

Criminal law: Case relates to the Canadian charter (Criminal)-- Constitutional law, Right to counsel (s. 10 (b)-RRB-, and Remedy.

The necessary remedy is for the courts to use the Canadian Charter of Rights and Freedoms (Part I of The Constitutional Act, 1982), much more aggressively against governments and law societies because they control the resources necessary to make the justice system work adequately.

As Justice Stratas put it to the attendees, should Canada ever be gripped by some form of threat or disorder, leading the government to abridge the civil liberties of many Canadians, do we want the judge deciding the constitutionality of the government's action to be able to turn to a body of constitutional law «based on fundamental principles, consistently applied over decades» — in other words, «settled legal doctrine» — or do we want the judge deciding the issue based upon «her or his own worldview?»

In 1982 Parliament — that same body elected by the Canadian people that now complains so bitterly — decided that Canada needed not just another law on par with all other federal laws, but a Constitutional law elevated as the «supreme law of Canada» [section 52 (1)-RSB- that would set limits and restrictions on all government powers in accordance with fundamental rights and freedoms inherent to all Canadians.

The duty to make legal services adequately available should be given constitutional status based upon a Canadian Charter of Rights and Freedoms s. 15 «equality rights» argument that recognizes, «legal services at reasonable cost» as a constitutional right, based upon the principle that being middle class, or of «middle income,» and unable to obtain legal services at reasonable cost, is a state of one's condition that is «immutable, or changeable only at unacceptable cost to personal identity,» and to one's ability to invoke constitutional rights and freedoms, and the rule of law.

Canada Ontario intervenes in case of proposed Trinity Western law school's ban on sexual activities, Globe and Mail Constitutional challenge to Canada's segregation laws begins today, Canadian Press Jury selection to begin in Lac - Mégantic train derailment trial, Canadian Press

-- Peter Hogg, Constitutional Law of Canada (in various forms)-- Gerald Gall, The Canadian Legal System — Patrick Monahan, Constitutional Law — Gerald Beuadoin & Errol Mendes, Canadian Charter of Rights and Freedoms

Mark, not to be a nit picker, but you don't go back far enough in Canada's constitutional history, and at the very least I would also include Canada's «declaration of independence» the Statute of Westminster, 1931 (UK), which ended the ability of the UK parliament to legislative for Canada and gave Canadian's complete freedom to make their own laws, and thus the right to make their own way in the world (borrowed from the Canadian Encylopaedia)

Given his defence and his acknowledged misconduct, consider this: Justice Camp knew that he had never studied criminal law or constitutional law at a Canadian law school.

This paper shows how the process view of proportionality in sentencing is an implicit, but under - theorized, current in the law that should be explicitly developed as part of Canadian constitutional theory.

In recent years, we at the Canadian Civil Liberties Association (CCLA) have become increasingly concerned about the frequency and ease with which laws with clear constitutional vulnerabilities have been proposed and passed by Parliament — only to be challenged later, and, in some cases, be struck down by the courts for violating the Canadian Charter of Rights and Freedoms.

Toronto August 20, 2015 — The BC Civil Liberties Association (BCCLA) and the Canadian Association of Refugee Lawyers (CARL) have launched a constitutional challenge to the new Citizenship Act, a federal law relegating millions of Canadians to second - class status.

A book like the one you describe will be useful throughout the common law world, not just in Canada; and whilst Canadian constitutional pieties might just about justify not translating the relevant passages for a Canadian audience, it makes the book potentially far less useful in the rest of the Common law world where such pieties do not obtain, and it can not be assumed that the readers will have any second language, let alone that any such second lanaguage would French.

(1) At present the constitution is a lie for the majority of the population, i.e., because of the law's complexity, the rule of law and constitutional rights and freedoms declared by the Canadian Charter of Rights and Freedoms require the assistance of a lawyer, especially for litigation — see: British Columbia (A.G.) v. Christie, [2007] 1 S.C.R. 873, [2007] S.C.J. No. 21, at para. 22.

Are lectures on evidence or constitutional law very different from one Canadian law school to the other?

«By the Court» has now come of age as an innovative and uniquely Canadian practice for particularly important decisions, primarily but perhaps no longer exclusively with respect to constitutional law, and in the process it has become a more reliable marker of a decision that deserves particular notice.

While Sunstein's account is meant to be limited to American constitutional law, his paper raises parallels which may be applicable to Canadian constitutional and Charter interpretation.

And just two weeks ago, OpenMedia joined with Coalition member BC Civil Liberties Association to launch a ground - breaking constitutional challenge that aims to stop government spying against law - abiding Canadians.

In Canada, under the doctrine of parliamentary sovereignty, parliament or a provincial legislature has the authority to repeal or modify any principles set out in case law provided that it does so in accordance with constitutional limitations: G. Gall, The Canadian Legal System, 4th ed.

The above arguments are based upon the constitutional law doctrine of «structural argumentation» (see: Robin M. Elliott, «References, Structural Argumentation and the Organizing Principles of Canada's Constitution» (2000), 80 Canadian Bar Review 67, and decisions such as the, Reference Re Manitoba Language Rights, [1985] 1 S.C.R. 721, [1985] S.C.J. No. 36, the, Reference Re Secession of Québec, [1999] S.C.J. No. 4, [1998] 2 SCR 217, and the, Reference re Remuneration of Judges, [1997] S.C.J. No. 75, [1997] 3 S.C.R. 3, to argue that the need for access to the rule of law, and to constitutional rights and freedoms, dictate that law societies in Canada can not enforce a monopoly over the provision of legal services that enables their members to charge fees of whatever size they see fit.

If you're Harper, do you insist on the enforcement of Canadian criminal law in Quebec in advance of the Supreme Court decision, with all of the attendant political and constitutional fallout that that might involve?

Constitutional law in Canada, as taught in Canadian law schools, divides neatly into two major areas of focus: federalism, including the division of powers; and the Canadian Charter of Rights and Freedoms.

I will write later about the importance of the concept of rule of law, and how it is important that that concept be fostered not only in the courts, but also in the legislatures, the executives and the citizenry of the country (and I must give credit to Simon Potter, former President of the Canadian Bar Association, who made this point at his speech at the Conference of the Constitutional Law and Human Rights Section of the CBA on June 27, 201law, and how it is important that that concept be fostered not only in the courts, but also in the legislatures, the executives and the citizenry of the country (and I must give credit to Simon Potter, former President of the Canadian Bar Association, who made this point at his speech at the Conference of the Constitutional Law and Human Rights Section of the CBA on June 27, 201Law and Human Rights Section of the CBA on June 27, 2014).

The Court signalled in Canadian Western Bank v Alberta, 2007 SCC 22 (CanLII), that generally the use of the doctrine should be minimized since it is redolent of more rigid approaches to constitutional law that favour «watertight compartments» rather than the more modern cooperative federalism approach.

Eugene Meehan, Q.C. is quoted in the Canadian Lawyer & Law Times Blog as saying: «This decision is a potential constitutional game changer, going forward, we could see more division of power and jurisdiction - based cases being challenged in the courts.»

If this strikes you as absurd and unethical, then your instincts are well in tune with traditional Canadian criminal and constitutional law.

Goldblatt Partners has an exciting constitutional law practice that has involved both challenges under the Canadian Charter of Rights and Freedoms and traditional division of powers disputes.

1848 Hungarian declaration of independence — though it did not actually lead to independence... 1861 H.S. Maine, Ancient Law 1881 French law on freedom of the press 1932 Donoghue v Stevenson [1932] AC 562 1945 Charter of the United Nations 1952 Completion of the Uniform Commercial Code 1957 Civil Rights Act of 1957 1963 Limited Nuclear Test Ban Treaty 1963 Gideon v. Wainwright establishes a constitutional right to counsel 1971 John Rawls — A Theory of Justice 1982 Canadian Charter of Rights and Freedoms 1996 International Court of Justice's Advisory Opinion on the Legality of the use of Nuclear Weapons 1996 UN Model Law on Electronic CommeLaw 1881 French law on freedom of the press 1932 Donoghue v Stevenson [1932] AC 562 1945 Charter of the United Nations 1952 Completion of the Uniform Commercial Code 1957 Civil Rights Act of 1957 1963 Limited Nuclear Test Ban Treaty 1963 Gideon v. Wainwright establishes a constitutional right to counsel 1971 John Rawls — A Theory of Justice 1982 Canadian Charter of Rights and Freedoms 1996 International Court of Justice's Advisory Opinion on the Legality of the use of Nuclear Weapons 1996 UN Model Law on Electronic Commelaw on freedom of the press 1932 Donoghue v Stevenson [1932] AC 562 1945 Charter of the United Nations 1952 Completion of the Uniform Commercial Code 1957 Civil Rights Act of 1957 1963 Limited Nuclear Test Ban Treaty 1963 Gideon v. Wainwright establishes a constitutional right to counsel 1971 John Rawls — A Theory of Justice 1982 Canadian Charter of Rights and Freedoms 1996 International Court of Justice's Advisory Opinion on the Legality of the use of Nuclear Weapons 1996 UN Model Law on Electronic CommeLaw on Electronic Commerce

The Rule of Law requires that people be able access courts, which in the Canadian constitutional framework means first and foremost superior courts.