ipl-logo

Living Tree In Canada

272 Words2 Pages

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. …show more content…

Canada as a whole has a broader legal system, than a narrow legal system where democracy has very little importance. The “Living Tree” approach versus strict construction set in the constitution act (1867) paved the path for the major issues we still address today. Without the “Living Tree” approach in Canada’s legal system, we would not have the broad points of view we on major issues we face today. Canada is able to over come many boundaries the country faces everyday and because of the “Living Tree” approach to the legal system in Canada, the country us able to improve the legal system to become one of the best legal systems in the

Show More
Related

  • Justice V. Cook Case Study

    1405 Words  | 6 Pages

    The Top Five Canada (Justice) v. Khadr Do you think the charter should always apply to the activities of the Canadian government officials exercising functions outside Canada? I concur with the Federal court's findings in that, The Canadian Charter of Rights and Freedoms were created to protect the rights and freedoms of Canadian citizens in Canada. Outside of Canada, citizens are protected by international laws between sovereign states. Therefore, crimes committed in other judicial sanctions should be dealt with by their own court of law, without interference of other countries sovereignty. The case of R. v. Cook is an exception; Canadian authorities interrogated Cook, a Canadian citizen, outside of Canada.

    Read More

  • Johnson V. Catherine's Case Study

    964 Words  | 4 Pages

    The Canadian legal system has almost complete control over Indigenous land and civil rights. Throughout history, Canada has been back and forth regarding Indigenous policy. Canada has had little to no regard over Indigenous rights and policy was mainly based on the goal of assimilation and colonization. Moving forward, there has been an improvement in Indigenous policies and the government regarding Indigenous issues. In regards to the Marshall Trilogy, St. Catherine’s case, the Lavell-Bedard case and the Daniels v. Canada case, the courts had at times put up a fight but Indigenous people fought for their rights sometimes winning and sometimes losing the battle.

    Read More

  • Edwards Vs Canada

    432 Words  | 2 Pages

    The Persons Case, also known as Edwards v Canada, is a well known case that changed the roles of Canadian women. Canadian women were not considered persons according to the 1876 British Common Law Ruling. Although many of Canada's provinces now permitted women to vote, they were still unable to run for public positions. In 1916 Emily Murphy became a judge in Edmonton, Alberta. The Alberta Supreme Court have already encountered this issue before, therefore already recognized females as ‘persons’.

    Read More

  • How Did Quebec Nationalism Influence Canadian Politics

    1025 Words  | 5 Pages

    In the judicialization of the Canadian political system, the judicial system became hierarchical with the Supreme Court's jurisprudence binding on all other courts. The judicialization of Canadian politics began when the judiciary started producing landmark court rulings concerning various contest issues more frequently (Hunt, 2013). The Supreme Court achieved what national politicians trying to amend the constitution could not, acknowledgment and validation in protecting the Quebec society and its most important feature: the French language. It also entrenched the policies of the Official Languages (Articles 16-20, 23) and multiculturalism (Article

    Read More

  • Aucoin's Democratic Reform In Canada

    1010 Words  | 5 Pages

    Aucoin Essay Our new prime minister of Canada, Justin Trudeau has given a set of democratic reforms to minister LeBlanc who has been given the task to deal with the problems regarding parliament issues. Our prime minister has promised Canadians real change to the way the government governs by committing to invest in Canada’s growing economy, to strengthen the middle-class, to help the hard working class, to provide help to those whom need it most compared to those who do not need it, and to invest in the public to create jobs, economic growth and a broad-based expansion. Aucoin’s democratic reform proposal tests for good reforms that include clear objectives, no loopholes, clear enforcement mechanism, entrench the house of commons power, fixed

    Read More

  • Essay On Canadian Senate Reform

    1531 Words  | 7 Pages

    The Canadian Senate has been a fundamental part of Canadian Democracy since the Constitution Act, 1867. It was created to protect minorities from the tyranny of the majority in the House of Commons. For 147 years the Senate has acted as the house of “sober-second” thought in the Canadian Parliamentary system. Overall, the senate has performed exceptionally at its role, but due to recent scandal and corruption the good work of the Senate been ignored. This has caused calls for reform to be brought back into the Canadian spot light.

    Read More

  • Reflection On Canadian Charter Of Rights And Freedoms

    991 Words  | 4 Pages

    Civic Reflection Issue 1- Change in Point of View The Canadian Charter of Rights and Freedoms is a bill of rights which outlines and protects the basic rights and fundamental freedoms that all Canadians have. These include the fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, language rights, and Aboriginal and treaty rights. The Canadian Charter of Rights is extremely important to the citizens of Canada as it has given important meaning to the protection of our rights. It makes sure that minorities and vulnerable groups are protected through equality rights.

    Read More

  • The Importance Of Gun Control In Canada

    1312 Words  | 6 Pages

    Canada is talked amongst other countries throughout the world as a safe, secure place to live. Majority of people do not know the heinous crimes that take place in Canada daily, especially whilst using a gun. Canada does not come close to the United States when comparing mass shootings, death by a gun, or homicides using a gun; although, the gun crimes in Canada are not improving. While Canada has more stringent gun laws than the united states, gun control in Canada should still be improved for citizen’s safety. Canada is often praised for having more efficient gun laws than the United States, but most people do not know that Canadian laws too, have much room for improvement.

    Read More

  • How Did Pierre Trudeau Changed Canada?

    1421 Words  | 6 Pages

    Canada is now known to be a diverse, multicultural, bilingual and inclusive nation largely as a result of his work. Pierre Elliott Trudeau also believed in an equal Canada for all, he is primarily the one to introduce rights and freedoms to the citizens of Canada. While some view Pierre Trudeau as impulsive, for enforcing the War Measures Act, Trudeau enacted this for the protection of Canadian citizens against radical extremist and his actions were more rational than impulsive for the situation that had suddenly occurred. Pierre Trudeau was one of Canada’s greatest Prime Minister’s, who’s impact fundamentally changed the course of the nation by introducing multiculturalism, for introducing the Canadian Charter of Rights and Freedoms and for paradoxically upholding democracy by strong action during the October Crisis.

    Read More

  • Analysis Of Emily Murphy's Case: A Defining Moment For Canada

    1526 Words  | 7 Pages

    4)Robert J. Sharpe, Patricia I. McMahon Persons Case: The Origins and Legacy of the Fight for Legal Personhood. Toronto: Univ of Toronto Press, 2007, 1-206 5) Michael Dorland and Maurice René. Charland, Law, rhetoric and irony in the formation of Canadian civil culture (Toronto: University of Toronto Press, 2002), 218. 6) Vivien Hughes.

    Read More

  • What Are The Pros And Cons Of The Canadian Parliamentary System

    1699 Words  | 7 Pages

    The parliamentary system that has been established within Canada, despite the pros and cons of the system, is still one of the best political structures for government. It is clearly superior to the United States Congressional system on the three following levels: Fusion of powers (allowing more coherence), the solidity of the responsible government set forth by Canadian administration as well as the doctrine of party discipline. Together, they enable the Prime Minister to have greater power since he is chosen from the legislative but also must have the House of Commons’ vote of confidence which enables greater consistency (and faster decision-making) between branches of government as the legislative and executive are fused together. A strict

    Read More

  • William Lyon Mackenzie King's Impact On Canada

    1054 Words  | 5 Pages

    William Lyon Mackenzie King, a man of glory, forever changed Canada’s constitution during the tumultuous nineteenth century and resolved all difficulties Canada faced on its way to becoming a strong, independent, and autonomous nation. His contributions and sanctions targeted all factors at the time and had interrelated effects on the construction of Canada. Unlike other Canadian politicians, King handled every crisis with thorough planning and achieved promising outcomes from unsolvable problems. It is without a doubt that King was the most influential figure in Canada’s development. His role in the autonomy, economic development, and social stability stands as solid evidence of the pioneering impacts he had on Canada’s advancement.

    Read More

  • The Benefits Of The Canadian Charter Of Rights And Freedoms

    1219 Words  | 5 Pages

    This corrupt system as some refer to it has many people confused and wondering what benefits are for Canadians. A specific case of the Charter being ineffective is the case Arsenault-Cameron v. Prince Edward

    Read More

  • Essay On Canadian Constitution Vs Us Constitution

    521 Words  | 3 Pages

    In addition to the rights it already has, the Canadian Charter also has a number of certain group rights. These rights include linguistic and cultural rights for the French Canadian part of the Canadian populations in places of Quebec and New Brunswick, some other rights that are included as well are rights for aboriginal groups. The concept of rights in this group of rights doesn’t really have any recognition to US law where it got them from. Unlike The U.S constitution, the Canadian constitution gives most of the power to its Queen, which gives her more power of everything, while the U.S divides the power as to not give anyone too much authority over some things. While Canada does have a distribution of legislative power, it's not as much of a distribution like the U.S constitution has since Canada has a queen.

    Read More

  • Canadian Maple Tree Influence On Canada

    409 Words  | 2 Pages

    There are over 128 species of maple trees that originate all over the world. The most common of which in canada are the red and sugar maple tree, which can grow upto 33-48 ft and live for over 300 hundred years in mostly the eastern parts of Canada. The Canadian maple is truly a Canadian Wonder,it is beneficial to the economy, has history behind it and represents the canadian people and Canada as a whole. Firstly the Canadian maple tree is very beneficial towards the canadian economy as the sap produced by maple trees can be used to make maple syrup. Canada produces two thirds (approx 85%)of the world's maple syrup 90% of which originates from quebec.

    Read More

More about Living Tree In Canada

Open Document