Canadian Cases in the Philosophy of Law by Jerome Bickenbach

By Jerome Bickenbach

This publication makes available a wealth of fabric that illustrates the appliance of criminal rules in a Canadian context. Bickenbach has incorporated over 40 instances, every one conscientiously edited to get rid of fabric now not correct to the most important concerns concerned. the various very important constitution of Rights judgements of the Eighties and Nineteen Nineties are one of the decisions, yet so are early landmark judgements - comparable to the 1930 "persons" case within which the Judicial Committee of the Privy Council overturned a ruling that the limit of Senate appointments to "qualified people" intended that ladies couldn't be thought of. For the hot version Professor Bickenbach has further twelve contemporary circumstances, together with R. v. Latimer and RJR - Macdonald Inc. v. Attorney-General of Canada.

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The conflict is not of a type which would entail the commission of any illegality. It results from the fact that legal rules create wide powers, discretions and rights which conventions prescribe should be exercised only in a certain limited manner, if at all. Some examples will illustrate this point. As a matter of law, the Queen, or the Governor General or the Lieutenant-Governor could refuse assent to every bill passed by both Houses of Parliament or by a Legislative Assembly as the case may be.

The procedure enables either level of government to test the constitutionality of legislation before it is a fait accompli. Unlike other cases, in which the legal issue has to be raised by a plaintiff and then argued before the lower courts which can take years in a reference case the issue goes directly to the final legal adjudicator, the Supreme Court of Canada. At issue in this reference case was the procedure being followed to patriate the constitution: was it proper for the federal government to break the constitutional links between the United Kingdom and Canada and add the Canadian Charter of Rights and Freedoms to the constitution of Canada without the consent of all the provinces?

Oakes 49 Schachter V. Canada 55 II Fundamental Freedoms R. V. Big M Drug Mart Ltd. 65 R. V. Keegstra 71 Attis V. The Board of School Trustees, District No. 15 79 R. V. Butler 87 RJR-Macdonald Inc. V. Attorney-General of Canada 96 Native Women's Association of Canada V. Canada 104 III Equality Rights Attorney-General of Canada V. Levell 110 Re Ontario Human Rights Commission et al and Simpson-Sears Ltd. 113 Law Society of British Columbia et al V. Andrews et al 119 Page 6 Egan V. the Queen in Right of Canada 130 Eaton V.

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