The Canadian Constitution is the backbone of Canada’s political and legal systems. An amalgamation of codified acts, unwritten traditions and conventions, the Constitution outlines both the structure of government and the civil rights of its citizens. The Constitution of Canada is defined in section 52(2) of the Constitution Act, 1982 (including the Charter of Rights and Freedoms), as consisting of the Canada Act 1982, all acts and orders referred to in the schedule (including the Constitution Act, 1867), and any amendments to these documents. Additionally, according to the Supreme Court of Canada, the Constitution includes all British legislation that predates or modifies the British North America Act, as well as any unwritten conventions.
[Read more…] about History of the Canadian ConstitutionSupreme Court of Canada Appointment Process
The Supreme Court of Canada is this country’s highest court, and is the final authority for all legal disputes, settling matters between individuals, organizations, and governments alike. Moreover, the Court is emerging as a forum for policy debate, due in large part to its powers to interpret important constitutional documents, such as the Canadian Charter of Rights and Freedoms. This, in turn, raises important questions regarding the manner in which judges are appointed to this politically powerful and influential court. This article introduces the Supreme Court’s appointment process. In particular, it discusses which political actors have the power to appoint the Court’s justices, the process by which selections are made, as well as current debates on whether the process should be reformed.
[Read more…] about Supreme Court of Canada Appointment ProcessThe Notwithstanding Clause: Section 33 of the Charter
Section 33 of the Charter, commonly referred to as the Notwithstanding or Override clause, has an important place in Canada’s constitutional development, as well as the relationship between the legislative and judicial branches of government. This article provides an introduction to the nature, operation, and history of the Notwithstanding clause.
[Read more…] about The Notwithstanding Clause: Section 33 of the CharterGomery Commission of Inquiry & Sponsorship Scandal
In February 2006, the Commission of Inquiry into the Sponsorship Program and Advertising Activities (better known as the Gomery Commission) released the second of two reports. This final report provided recommendations for reform to ensure that incidents such as the Sponsorship Scandal do not happen again. The first report, released in November 2005, detailed the Commission’s key findings concerning the actual events pertaining to the scandal. This article provides an introduction to the Sponsorship Program and the scandal that developed around it, as well as an overview of the nature and findings of the Gomery Commission of Inquiry.
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