Constitution Act, 1886
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Constitution Act, 1886
The ''Constitution Act, 1886'' (UK), 58 & 59 Vict, c 35, (the ''Act'') is an Act of the Parliament of the United Kingdom and forms part of the Constitution of Canada. It was originally known as the'' British North America Act, 1886'', but it was renamed by the ''Constitution Act, 1982''. Section 1 of the ''Constitution Act, 1886'' provides that "the Parliament of Canada may...make provision for the representation in the Senate and House of Commons, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any Province thereof." Section 2 of the ''Act'' clarifies that Parliament can by providing for the representation of the territories in the Senate increase the normal and maximum total number of Senators under the Constitution Act, 1867, and increase the number of members of the House of Commons. There are currently three territories which are part of Canada, but which are not part of any province: the Nor ...
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Acts Of Parliament In The United Kingdom
In the United Kingdom an act of Parliament is primary legislation passed by the Parliament of the United Kingdom. An act of Parliament can be enforced in all four of the UK constituent countries (England, Scotland, Wales and Northern Ireland); however as a result of devolution the majority of acts that are now passed by Parliament apply either to England and Wales only, or England only; whilst generally acts only relating to constitutional and reserved matters now apply to the whole of the United Kingdom. A draft piece of legislation is called a bill; when this is passed by Parliament and given Royal Assent, it becomes an act and part of statute law. Classification of legislation Acts of Parliament are classified as either "public general acts" or "local and personal acts" (also known as "private acts"). Bills are also classified as "public", "private", or "hybrid". Public general acts Public general acts form the largest category of legislation, in principle af ...
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Yukon—Mackenzie River
Yukon—Mackenzie River was a federal electoral district in Canada that was represented in the House of Commons of Canada from 1949 to 1953. It covered the Yukon Territory, and the southwestern part of the Northwest Territories. This riding was created in 1947, and was only used in the 1949 federal election. The Northwest Territories had not been represented in the House of Commons since 1905 following the creation of Alberta and Saskatchewan two years earlier. Yukon had been represented continuously since a byelection in January 1903. It was abolished in 1952 when it was redistributed into Mackenzie River and Yukon ridings. It consisted of the Yukon Territory and the part of the District of Mackenzie in the Northwest Territories lying west of the 109th meridian west longitude. The remainder of the District of Mackenzie, as well as the Districts of Keewatin, Franklin and Ungava, had no representation until 1962. Members of Parliament Election results See also * Lis ...
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Charlottetown Accord
The Charlottetown Accord (french: Accord de Charlottetown) was a package of proposed amendments to the Constitution of Canada, proposed by the Canadian federal and provincial governments in 1992. It was submitted to a public referendum on October 26 and was defeated. Background The Statute of Westminster (1931) gave Canada legislative independence from the United Kingdom. Canada requested that the British North America Acts (the written portions of the Constitution of Canada) be exempted from the statute because the federal and provincial governments could not agree upon an amending formula for the acts. Negotiations between Ottawa and the provinces were finally successful in 1981, allowing Canada to patriate its constitution by passing the ''Canada Act 1982'', which included the ''Constitution Act, 1982'' and the Charter of Rights and Freedoms, and finally established an amending formula for the Canadian Constitution. These constitutional changes had the consent of all provincia ...
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Meech Lake Accord
The Meech Lake Accord (french: Accord du lac Meech) was a series of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and all 10 Canadian provincial premiers. It was intended to persuade the government of Quebec to symbolically endorse the 1982 constitutional amendments by providing for some decentralization of the Canadian federation. The proposed amendments were initially popular and backed by nearly all political leaders. However, former Prime Minister Pierre Trudeau, feminist activists, and Indigenous groups raised concerns about the lack of citizen involvement in the Accord's drafting and its future effects on Canadian federalism, and support for the Accord began to decline. Changes in government in New Brunswick, Manitoba, and Newfoundland brought ministries to power that declined to accept the Accord. Further negotiations were conducted but tension increased between Quebec and the predominantly English-speaking provinces. ...
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Victoria Charter
The Victoria Charter was a set of proposed amendments to the Constitution of Canada in 1971. This document represented a failed attempt on the part of Prime Minister Pierre Trudeau to patriate the Constitution, add a bill of rights to it and entrench English and French as Canada's official languages; he later succeeded in all these objectives in 1982 with the enactment of the '' Constitution Act, 1982''. Content The Charter would have also terminated the powers of disallowance and reservation, which remain in the Constitution. There was also a bill of rights and a new amending formula. Bill of rights The Victoria Charter began with the title "Part I – Political Rights", which contained nine "articles." This bill of rights, however, was not as elaborate as Canada's current constitutional bill of rights, the ''Canadian Charter of Rights and Freedoms''. The first article "declared" the existence of freedom of expression and freedom of religion, and like the 1960 ''Canadian Bil ...
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Section 32 Of The Canadian Charter Of Rights And Freedoms
Section 32 of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter. Only claims based on the type of law contemplated by this section can be brought before a court. Section 32(1) describes the basis on which all rights can be enforced. Section 32(2) was added in order to delay the enforcement of section 15 until government was given time to amend their laws to conform to the section. Text Under the heading "Application of Charter" the section states: The purpose of this section is to make it clear that the Charter only applies to governments, and not to private individuals, businesses or other organizations. Interpretation The meaning of section 32(1) was first examined in '' RWDSU v. Dolphin Delivery Ltd.'' The Courts found that the "authority" of government consisted of all laws created by the three branches of government (executive, legislative, and administrative), as well as any rules, or regulations created by "government actor ...
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Section 33 Of The Canadian Charter Of Rights And Freedoms
Section 33 of the ''Canadian Charter of Rights and Freedoms'' is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (french: clause dérogatoire, links=no or ), sometimes referred to as the override power, and it allows Parliament or provincial legislatures to temporarily override sections 2 and 7–15 of the ''Charter.Library of Parliament, Parliamentary Information and Research ServiceThe Notwithstanding Clause of the Charter, prepared by David Johansen, 1989, as revised May 2005. Retrieved August 7, 2006. Text The section states: Function The Parliament of Canada, a provincial legislature or a territorial legislature may declare that one of its laws or part of a law applies temporarily ("notwithstanding") countermanding sections of the ''Charter'', thereby nullifying any judicial review by overriding the ''Charter'' protections for a limited period of time. This is done by including a section in the law clearly specifying which rights ha ...
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Eugene Forsey
Eugene Alfred Forsey (May 29, 1904 – February 20, 1991) served in the Senate of Canada from 1970 to 1979. He was considered to be one of Canada's foremost constitutional experts. Biography Forsey was born on May 29, 1904, in Grand Bank in the Newfoundland Colony. He attended McGill University in Montreal, Quebec. Forsey was a supporter of the Conservative Party led by Arthur Meighen until he went to Balliol College, Oxford, on a Rhodes Scholarship during which he was converted to democratic socialism. Upon returning to Canada, he joined the League for Social Reconstruction, and was a delegate at the founding convention of the Cooperative Commonwealth Federation (CCF) in 1933 in Regina. In 1924 Forsey was employed by Vincent Massey as a tutor for the two Massey boys at their Batterwood home near Canton, Ontario. This was an old farmhouse and property that the Masseys had bought in 1918 on rising land backed by rolling hills and facing Lake Ontario a few miles to the so ...
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William McIntyre (judge)
William Rogers McIntyre, (March 15, 1918 – June 14, 2009) was a Canadian Puisne Justice of the Supreme Court of Canada. Born in Lachine, Quebec, the son of Charles Sidney McIntyre and Pauline May Sifton, he moved with his family to Moose Jaw, Saskatchewan when he was young. In 1939, he received a Bachelor of Arts degree from the University of Saskatchewan. After serving during World War II, he received his Bachelor of Laws in 1946 from University of Saskatchewan. In 1947, he was called to the Bars of Saskatchewan and British Columbia and practiced law in Victoria, British Columbia. In 1967, he was appointed to the Supreme Court of British Columbia and elevated to the British Columbia Court of Appeal in 1973. In 1979, he was appointed to the Supreme Court of Canada and retired in 1989. In 1991, he was made a Companion of the Order of Canada. Death McIntyre died in Victoria, British Columbia from throat cancer Cancer is a group of diseases involving abnormal cell gr ...
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Willard Estey
Willard Zebedee "Bud" Estey (October 10, 1919 – January 25, 2002) was a Canadian justice of the Supreme Court of Canada. Estey was born in Saskatoon, Saskatchewan. He was the son of James Wilfred Estey, a puisne justice of the Supreme Court of Canada, and Muriel Baldwin. He studied at the University of Saskatchewan earning a BA in 1940 and an LL.B in 1942. He joined the armed forces and fought during World War II, including acting as a Canadian Observer with US forces during the battle for Okinawa. Upon returning to Canada went to study at Harvard Law School and received a LL.M in 1946. From 1946 he taught at the University of Saskatchewan and then moved to Ontario the following year to practice law. In 1973, he was appointed to the Court of Appeal for Ontario and two years later was named Chief Justice of the High Court of Justice of Ontario. He became Chief Justice of Ontario in 1976. He was appointed to the Supreme Court of Canada in 1977 to replace Wilfred Judso ...
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Bora Laskin
Bora Laskin (October 5, 1912 – March 26, 1984) was a Canadian jurist who served as the 14th chief justice of Canada from 1973 to 1984. Laskin was appointed a puisne justice of the Supreme Court in 1970, and served on the Ontario Court of Appeal from 1965 to 1970. Before he was named to the bench, Laskin worked as a lawyer and in academia. Early life and family Laskin was born in Fort William, Ontario (now Thunder Bay), the son of Max Laskin and Bluma Zingel. His brother, Saul Laskin, went on to become the first mayor of Thunder Bay. His other brother, Charles, was a shirt designer and manufacturer. Laskin married Peggy Tenenbaum. The couple had two children: John I. Laskin, who followed in his father's footsteps and became a judge at the Ontario Court of Appeal, and Barbara Laskin Plumptre. His grandson (the son of his daughter) carries on his name. His nephew John B. Laskin is a judge of the Federal Court of Appeal, having previously been a faculty member of the Univer ...
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Patriation Reference
''Reference Re Resolution to amend the Constitution'' – also known as the Patriation Reference – is a historic Supreme Court of Canada reference case that occurred during negotiations for the patriation of the Constitution of Canada. The court affirmed the existence of an unwritten dimension to the constitution and the majority held that by constitutional convention, amendments to the constitution require a substantial degree of provincial consent. However, a differently-constituted majority of the court held that there was no ''legal'' barrier to the federal government seeking a constitutional amendment without any provincial consent. Political debate over patriating the Constitution Under the leadership of Prime Minister Pierre Elliot Trudeau, the federal government of Canada sought to patriate the constitution. Specifically, the aim of the government was to make a request to the United Kingdom Parliament—then the only body with the appropriate legal authority—t ...
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