The judicial branch of Canada has played one of the most unique roles in history due to their shaping of Canada. The decisions rendered by the Judicial Committee of the Privy Council (hereby referred to as the JCPC) and the Supreme Court of Canada impacted the values of Canadian citizens. These decisions were often contradictory and exposed the legal system as flawed, inflexible and stubborn. Throughout the decades the judiciary sought to maintain rules crafted by the Fathers of Confederation in 1867, rather than adopt more effective standards for judgement. The Canadian federal and provincial powers were broken into sections 91 and 92 in the British North America Act of 1867.
This method of legal governance was created based upon the common law system that is used in England and in some areas of Scotland. This organizational hierarchy is considered bi-jurisdictional, which is a result of the public and private laws being separated into the jurisdictions of the Parliament and the individual Provinces. Regardless of which unit is governing, each legal system is responsible for upholding the laws written in the Canadian Constitution. The Canadian Parliament has sole control over the transportation and energy infrastructures of the country, no matter which Province they reside
Canada has a very rich history, despite being a younger country than most. This history constitutes many different methods, good or bad, that Canadians have tried in order to develop a significant national identity. For instance, Canada played an important role in both of the World Wars in attempts to establish a distinct national identity on the global stage. After World War Two, Canada joined the United Nations and began performing peacekeeping missions to provide aid to countries, thus creating a new facet to the Canadian national identity. However, Canada has also used unjust methods, such as establishing residential schools as a way to assimilate the First Nations into the government’s idea of what Canadian national identity should be.
The Red Couch Tour has a strong influence on Canadians and conveys a clear message through these different stories. The main artifact is a red couch with the Canada’s 150 maple leaf logo; and the location of the red couch placement is close to the ‘empty space’ of Canada. The secondary artifact is the invited Canadians who story tell about Canada’s past time and identities. The meaning of the artifact is more than what meets the eyes; this event develops on the theme of unification, storytelling and cultural nationalism. These theme is described from this quote, “Instead of going to peoples’ living rooms, we’re taking it to them.
Even though both Canada and the United States are democratic countries, there are key differences in how their government functions and how the country is ruled. For starters, Canada is a Constitutional Monarchy and is ran by prime minister Justin Trudeau and the Parliament, on the other hand, the US is a Republic Democracy ran by a president and the Congress. In the US the head of state is its president but in Canada, for any law or bill to pass the parliament needs to have Royal Assent which is a signature of the Governor General or the Queen. Therefore, this does kind of limit the prime minister’s powers.
The “living Tree” approach versus strict construction is another important aspect of the major terms and conditions set in the constitution act (1867). Canada has a “living tree” approach when it refers to the legal system we have in Canada. The Judical Committee of the Privy Council once stated that “The British North America Act planted in Canada a living tree capable of growth and expansion within its natural limits” (McCormack & Bueckert, 2013). In Canada we have a very democratic way of seeing and applying our decisions on different political views. Whether it’s voting in elections to elect new MP, elect a new Prime Minister or the voting between the political parties in the house of commons when deciding on important issues in our society, a decision is never made without the vote between many people.
Position in Canada: Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of government (be it provincial or federal) has encroached upon the exclusive jurisdiction of another level of government. The British North America Act, 1867, which established a federal constitution for Canada, enumerated in Sections 91 and 92 the topics on which the Dominion and the Provinces could respectively legislate. Notwithstanding that the lists were framed so as to be fairly full and comprehensive, soon, it was found that the topics enumerated in the two sections overlapped,
He was joined by Sir John A. Macdonald and George-Etienne Cartier to create to the Federal Domain of Canada. George played a major role in the Charlotte Town and Quebec debates. He carried the debates to the British Government in December 1864 and spoke inspiringly about it at the 1865 confederation debates. He also strongly agreed to help make the Senate, which is now a part of the parliament of Canada. Before the Confederation, he was a member of the Clear Grit Party (Liberals).
Two of the theories of leadership are transactional and transformational. Transactional leadership is setting clear expectations of an individual and using rewards or punishment to achieve results, while transformational leadership is identifying the need for change and trying to achieve the change. Two Canadian public administrative leaders who show these leadership skills were Tommy Douglas and Sir George Arthur French. Tommy Douglas was able to show transformational leadership through creating healthcare, Canada-wide pension plan and bargaining rights for civil servants; while Sir George Arthur French was able to show transactional leadership by leading his men across western |Canada, and he showed transformation leadership by challenging the Canadian government. Tommy Douglas would have been seen as a great leader in the Behavioural Era due to his ability to identify the need for change and the betterment of society; however, he would have not been seen as a great leader in the Personality Era due to him alienating the Saskatchewan doctors in his healthcare implementation.
The purpose of this essay is to discuss the meaning of democracy. We will do this by discussing the arguments made by three journal articles. We will discuss their particular definitions of democracy and the application there off. Democracy, as defined by the Oxford English Dictionary, is “"a system of government in which all the people of a polity or state are involved in making decisions about its affairs, typically by voting to elect representatives to a parliament or similar assembly”. It is one of the five most common political systems used in the world.
Liberal Party leader, Pierre Elliott Trudeau, was elected as the fifteenth Canadian Prime Minister on June 25, 1968. Trudeau was able to act quickly and exhibit strong leadership towards the F.L.Q. crisis that had developed in Quebec. He had to invoke the War Measures Act, which suspended fundamental civil rights. Trudeau also constructed the Canadian Charter of Rights and Freedoms, which allowed all Canadians to receive the essential human rights that they would regularly require. He wanted the charter to secure individual rights by prohibiting laws that unfairly segregate imperative human rights.
Article lV, talks about the states. It talks about the responsibilities the federal government has for each state and the duties the states have. Article V, says that the only way
George Brown is said to be a founding father of Canada because he was a major leader in bringing about the confederation of Canada. Brown was born on 29 November 1818 in Alloa, Scotland. In 1837 he and his family of eight immigrated to New York, The United States, and he and his father started a dry goods shop. The business went well, but his father started to contribute towards the New York Albion.
Canada’s premier origin of its Constitution dates back to the year of 1960 where the first legislation of human rights protection was passed and titled the Canadian Bill of Rights. The ideology behind this Bill was to ensure equality and freedom of to its citizens. However, the Canadian Bill of Rights was not constitutionally entrenched meaning that it was subject to amendment at the governments will. Though, in 1968, once Pierre Elliott Trudeau was elected as prime minister of Canada, he made it his mission to constitutionally entrench a charter of rights that would be constitutionally binding on both the federal and provincial levels of government. Following the events of Trudeau’s elections, a draft of the Canadian Constitutional Charter was presented in May of