Why Does the Federal Government Appeal to the Supreme Court of Canada in Charter of Rights Cases? A Strategic Explanation

2007 ◽  
Vol 41 (1) ◽  
pp. 225-250 ◽  
Author(s):  
Matthew A. Hennigar
2005 ◽  
Vol 25 (1) ◽  
pp. 173-188
Author(s):  
Gérald-A. Beaudoin

« In this article the author envisages and studies the reform of the Senate, of the House of Commons and of the Supreme Court of Canada ; the function of the Governor General is also considered. A suggestion is made for introducing a system of mitigated proportional representation in the House of Commons, as proposed by the Pepin-Robarts report of January 1979. The authors analyses the advantages and disadvantages of an elected Senate, of a Senate whose members are appointed by the federal government or by the federal and provincial governments, of a second House which would constitute a House of the Provinces ; the author is aganist an equal representation of the provinces in the Senate. Professor Beaudoin favours a specialized constitutional Court of Canada, although he considers that such a reform is very unlikely to happen ; however, he adds that in any case, the Supreme Court is de facto a constitutional court to a certain extent. He recommends that the principle of dualism be more visible. Finally, the author describes how the function of Governor General has evolved since 1926, and outlines the role that the Governor General may play in normal and anormal times. »


2020 ◽  
Vol 67 (1) ◽  
pp. 18-28
Author(s):  
Richard Mann

This article examines newspaper articles and opinion pieces related to the 1989 and 1990 case of allowing RCMP (Royal Canadian Mounted Police) officers to wear turbans as part of their formal uniform. Many of those opposed to allowing for this change in RCMP policy demonstrate a sense of an assumed national identity that tends to label immigrants and people from non-European backgrounds as un-Canadian. Once the federal government approved this change in RCMP policy, some of the groups that opposed it attempted to bring it to the Supreme Court of Canada. The argument they made was one for closed secularism. The policy change, however, and the impact it had on Baltej Singh Dhillon, the first Sikh RCMP officer who became an officer and was allowed to wear his turban the results of which present a case for open secularism.


2021 ◽  
pp. e20200053
Author(s):  
Jodey Nurse ◽  
Bruce Muirhead

This article examines the now largely forgotten, but then important, “Chicken and Egg War” of 1970–71. The chicken and egg war began when the Quebec government established the Fédération des producteurs d’œufs de consommation du Québec (FPOCQ) in 1970, a marketing board that began to restrict the price, grading, and sale of all eggs in Quebec, including egg imports from other provinces. The new board disrupted egg sales in Manitoba and Ontario, and it was not long before a series of legislative retaliations among the provinces took place, including strict import controls on broiler chickens and eggs and the seizure of out-of-province produce. Although predominantly contained to the neighbouring provinces of Manitoba, Ontario, and Quebec, this event was significant because it resulted in appeals to the Supreme Court of Canada, claims made concerning the rights of provinces vis-à-vis the federal government, and the restriction of agricultural goods, in this case, poultry and eggs, across provincial boundaries. This episode also had serious political ramifications, including fractured relationships among farmers, consumers, other industry stakeholders, and politicians and heightened tensions surrounding the legality and authority of provincial agricultural marketing boards. Ultimately, this “war” provided a significant impetus for the federal government to establish a national system of supply management in the egg and poultry sectors, a system which remains today.


2015 ◽  
Vol 24 (1) ◽  
Author(s):  
Ian Peach

In 2012, Parliament repealed the federal law that had established a mandatory long-gun registry. The law to repeal the long-gun registry also provided for the destruction of the data contained therein. Quebec, however, expressed its intention to establish its own gun-control scheme and asked the federal government for its data on long-guns owned by residents of Quebec.  When the federal government refused to turn over the data from the long-gun registry, despite the fact that Quebec government offi cials had access to the data while the long-gun registry was in operation, Quebec challenged the constitutionality of the federal law providing for the destruction of the data and sought an order requiring the federal government to turn over the data to Quebec. Th e federal government’s refusal to participate in an act of intergovernmental cooperation began a three-year round of constitutional litigation that concluded in March of 2015 with a split decision of the Supreme Court of Canada.


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