Tag: Supreme Court of Canada
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Constitutional Dialogue v2.0? Contentious Government Responses to the Supreme Court of Canada
—Jonathon Penney, Dalhousie University and University of Oxford Constitutional “dialogue” used to be the fashion in Canadian legal circles. From the late 1990s to mid-to-late 2000s, legal scholars engaged in contentious debates on the topic and the Supreme Court of Canada itself invoked the metaphor in a series of judgments to describe, and theorize, the relationship between the Court and…
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Canada’s New Prostitution Bill: Don’t Assume it’s Unconstitutional
—Michael Plaxton, University of Saskatchewan [Twitter: @MichaelPlaxton] Last week, Justice Minister Peter MacKay tabled the much-anticipated Bill C-36, The Protection of Communities and Exploited Persons Act. The bill, which is a response to the Supreme Court of Canada’s landmark ruling in Bedford, has already been the subject of considerable criticism.
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Supreme Court of Canada Issues Advisory Opinion in Senate Reference
–David Dias, Senior Editor at Lexpert [Cross-posted from Canadian Lawyer Magazine under title “SCC pours cold water on Harper’s Senate plans”] The Supreme Court of Canada today effectively put an end to the Conservative government’s goal of reforming the Senate, pouring cold water over any idea that Ottawa can unilaterally impose term limits or consultative elections…
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Podcast on Senate Reference
–Richard Albert, Boston College Law School Last week, we alerted to you an important advisory opinion on Senate reform scheduled to be released by the Supreme Court of Canada tomorrow. Ahead of this important day in Canadian constitutional law, the McGill Law Journal has recorded an informative podcast on the subject.
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Canadian Supreme Court to Issue Advisory Opinion on Senate Reform
—Richard Albert, Boston College Law School Yesterday, the Supreme Court of Canada announced that it will issue its advisory opinion on Senate Reform next week on Friday, April 25. The Court’s advisory opinion has been long awaited. The Court is expected to advise the Government of Canada on what is constitutionally required to reform and/or…
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Constitutionalizing Canada’s Supreme Court
—Robert Leckey, McGill University A dispute over the legality of a politically questionable judicial appointment has resulted in what pundits call a stinging defeat for Canada’s prime minister and a bold assertion by the Supreme Court of Canada of its independence and constitutional status.
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Commemorating the 15th Anniversary of the Quebec Secession Reference
—Richard Albert, Boston College Law School Last semester here at Boston College, we welcomed a distinguished panel to commemorate the 15th anniversary of the Quebec Secession Reference. Former Canadian Supreme Court Justice Frank Iacobucci shared his unique perspective on the reference as a member of the Court that issued the ruling, Osgoode Hall Law School…
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Senate Reform in Canada: What to Make of the Constitution?
—Leonid Sirota, JSD Candidate, NYU School of Law Over the course of three days last week, the Supreme Court of Canada heard submissions from the federal government, the ten provinces, two territories, two ami curiae, and several interveners on the constitutionality of the federal government’s proposals for reforming the unelected upper house of the Parliament…
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Resources for Readers: The Future of the Canadian Senate
Tomorrow, the Canadian Supreme Court will begin three days of hearings on the constitutionality of proposed changes to the Senate of Canada. This could be the most important case in Canadian constitutional law since the 1998 Secession Reference. The hearings will be broadcast live here starting tomorrow at 9:30am EST.
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Canada’s Longest-Tenured Chief Justice
Last week, Beverley McLachlin gave a rare interview to mark an historic occasion: she became Canada’s longest-serving Chief Justice. The country’s 17th Chief Justice, the Rt. Hon. Beverley McLachlin began her tenure in January 2000, when then-Prime Minister Jean Chretien elevated her from the rank of Associate Justice (known in Canada as a “Puisne” Justice).