The Notwithstanding Clause And The Canadian Charter
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The Notwithstanding Clause Of The Charter
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Author : David Johansen
language : en
Publisher:
Release Date : 2012
The Notwithstanding Clause Of The Charter written by David Johansen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Civil rights categories.
The constitutional notwithstanding clause set out in section 33 of the Canadian Charter of Rights and Freedoms (hereinafter referred to as the Charter of Rights or the Charter) has been controversial since its emergence from a November 1981 Federal-Provincial Conference of First Ministers. The controversy became more pronounced at the time of the 15 December 1988 Supreme Court of Canada decisions in the Ford and Devine cases dealing with the signage provisions of Quebec's Bill 101 (Charter of the French Language) and the subsequent adoption by the Quebec National Assembly of Bill 178 (An Act to Amend the Charter of the French Language). This legislation contained a section 33 override clause (in this case affecting Charter of Rights guarantees of freedom of expression (section 2(b)) and equality rights (section 15)). After setting out the content of the section 33 notwithstanding clause, this paper will trace its development in 1981 and describe the potential use then ascribed to it by its drafters, parliamentarians and others. The paper will then go on to point out actual instances when the notwithstanding clause has been invoked. Finally, it will present a number of arguments for and against the use of the clause.
The Notwithstanding Clause
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Author : Jeffrey Lawrence
language : en
Publisher:
Release Date : 1989
The Notwithstanding Clause written by Jeffrey Lawrence and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Canada categories.
The Notwithstanding Clause And The Canadian Charter
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Author : Peter L. Biro
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2024-04-02
The Notwithstanding Clause And The Canadian Charter written by Peter L. Biro and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-02 with Political Science categories.
Section 33 – what is commonly referred to as the notwithstanding clause (NWC) – was written into the Canadian Charter of Rights and Freedoms to allow Parliament and the provinces to provisionally override certain Charter rights. The Notwithstanding Clause and the Canadian Charter examines the NWC from all angles and perspectives, considering who should have the last word on matters of rights and justice – the legislatures or the unelected judiciary – and what balance liberal democracy requires. In the case of Quebec, the use of the clause has been justified as necessary to preserve the province’s culture and promote its identity as a nation. Yet Quebec’s pre-emptive and sweeping invocation of the clause also challenges the scope of judicial review and citizens’ recourse to it, and it tests the assumption that a dialogue between the judiciary and the legislature is always preferable in instances in which the legislative branch decides to suspend the operation of certain Charter rights and freedoms. By virtue of its contested purposes, interpretations, operation, and applications, the NWC represents and, to an extent, defines both the character and the very real vulnerabilities of liberal constitutionalism in Canada. The significance, effects, and legitimacy of the NWC have been vigorously debated within scholarship and among politicians and activists since the patriation of the Canadian Constitution in 1982. In The Notwithstanding Clause and the Canadian Charter leading scholars, jurists, and policy experts elucidate and prescribe reforms to the application of this consequential clause about which so much is written, and around which there is relatively little consensus.
The Notwithstanding Clause Of The Charter
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Author : Canada. Parliamentary Research Branch
language : en
Publisher:
Release Date : 1997
The Notwithstanding Clause Of The Charter written by Canada. Parliamentary Research Branch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Civil rights categories.
The Notwithstanding Clause Of The Charter
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Author : David Johansen
language : en
Publisher:
Release Date : 1989
The Notwithstanding Clause Of The Charter written by David Johansen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Canada categories.
The Notwithstanding Clause Of The Charter
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Author :
language : en
Publisher:
Release Date : 2012
The Notwithstanding Clause Of The Charter written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
The constitutional notwithstanding clause set out in section 33 of the Canadian Charter of Rights and Freedoms (hereinafter referred to as the Charter of Rights or the Charter) has been controversial since its emergence from a November 1981 Federal-Provincial Conference of First Ministers. The controversy became more pronounced at the time of the 15 December 1988 Supreme Court of Canada decisions in the Ford and Devine cases dealing with the signage provisions of Quebec's Bill 101 (Charter of the French Language) and the subsequent adoption by the Quebec National Assembly of Bill 178 (An Act to Amend the Charter of the French Language). This legislation contained a section 33 override clause (in this case affecting Charter of Rights guarantees of freedom of expression (section 2(b)) and equality rights (section 15)). After setting out the content of the section 33 notwithstanding clause, this paper will trace its development in 1981 and describe the potential use then ascribed to it by its drafters, parliamentarians and others. The paper will then go on to point out actual instances when the notwithstanding clause has been invoked. Finally, it will present a number of arguments for and against the use of the clause.
The Notwithstanding Clause Of The Charter
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Author :
language : en
Publisher:
Release Date : 2018
The Notwithstanding Clause Of The Charter written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Electronic books categories.
'The constitutional notwithstanding clause set out in section 33 of the Canadian Charter of Rights and Freedoms (hereinafter referred to as the Charter of Rights or the Charter) has been controversial since its emergence from a November 1981 Federal-Provincial Conference of First Ministers. After setting out the content of the section 33 notwithstanding clause, this Background Paper will trace its development in 1981 and describe the potential use then ascribed to it by its drafters, parliamentarians and others. The paper will then go on to point out actual instances when the notwithstanding clause has been invoked. Finally, it will present a number of arguments for and against the use of the clause'--Introd., p. 1.
Quebec And Section 33
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Author : Michael Bradley
language : en
Publisher:
Release Date : 2015-05-20
Quebec And Section 33 written by Michael Bradley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-20 with Law categories.
This is the third book in the making of of likened to James Bond meets The Da Vinci Code, it will finds the American-Canadian adventurer pitted against marauding, firebomb throwing youth in a chaotic France of the near future.
Canadian Charter Of Rights And Freedoms
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Author : Joseph W. Jacob B.A. M.P.A.
language : en
Publisher: Trafford Publishing
Release Date : 2007
Canadian Charter Of Rights And Freedoms written by Joseph W. Jacob B.A. M.P.A. and has been published by Trafford Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with History categories.
This book defines and explains all the important elements within the Canadian Charter of Rights and Freedoms, and how they can be beneficial to each person in Canada.
Contested Constitutionalism
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Author : James B. Kelly
language : en
Publisher: UBC Press
Release Date : 2010
Contested Constitutionalism written by James B. Kelly and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.