Sentences with phrase «secession reference»

Air Canada and its predecessors were constitutional cases, resting (implicitly) upon the principle of constitutionalism, but in my view it is but a small step to extend this application of constitutionalism to its cousin the Rule of Law, to which it «bears considerable similarity,» as the Supreme Court recognized in the Secession Reference (par.

By contrast, as the Secession Reference also recognized, democracy — whether direct democracy, which was at issue in that opinion, or representative democracy, and whether accountable or otherwise — must be confined by constitutional limitations.

The passage from the Secession Reference quoted above makes clear that these principles include those relating to the «workings of Parliament», i.e., parliamentary sovereignty and the separation of powers.

The method by which Kenney proposes to wage his equalization battle is based on the Supreme Court's 1998 Quebec secession reference, which states the federal government must negotiate with the province if there's a «clear answer on a clear question.»

Not exact matches

For example, in 1998, the SCC was asked by the federal government to opine on whether it was legal, under either Canadian or international law, for Québec to unilaterally secede from Canada (Reference re Secession of Québec, [1998] 2 SCR 217).

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.

[1] In the Reference Re Secession of Quebec, the Supreme Court explained that the recognition of underlying constitutional principles «could not be taken as an invitation to dispense with the written text of the Constitution».

The Federal government has also used the Reference mechanism politically when it referred the hypothetical issue of Quebec secession in 1998.

It is a constitutional principle that can, as the Supreme Court recognized in Reference re Secession of Quebec, [1998] 2 SCR 217, result in «substantive limitations upon government action» — including, relevantly to us here, in government action aiming at reducing the courts» powers of judicial review.

See Reference re Secession of Quebec, 1998 CanLII 793 (SCC), [1998] 2 S.C.R. 217; and Reference re Resolution to Amend the Constitution, 1981 CanLII 25 (SCC), [1981] 1 S.C.R. 753.

This architecture might be similar or related to the underlying constitutional principles which the Court identified in Reference re Secession of Québec, [1998] 2 SCR 217, in that like the principles, it informs constitutional interpretation.