Constitutional Forum (Journal)
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UNSTABLE FOUNDING: PQ ASSUMPTIONS AND THE INDEPENDENCE PROJECT
No full textUNSTABLE FOUNDING: PQ ASSUMPTIONS AND THE INDEPENDENCE PROJEC
QUÉBEC AND ENGLISH CANADA: THE POLITICS OF TERRITORY
No full textQUÉBEC AND ENGLISH CANADA: THE POLITICS OF TERRITOR
DISHONOURABLE CONDUCT: THE CROWN IN RIGHT OF CANADA AND QUEBEC, AND THE JAMES BAY CREE
No full textDISHONOURABLE CONDUCT: THE CROWN IN RIGHT OF CANADA AND QUEBEC, AND THE JAMES BAY CRE
THE SOUNDS OF SILENCE: CHARTER APPLICATION WHEN THE LEGISLATURE DECLINES TO SPEAK
No full textTHE SOUNDS OF SILENCE: CHARTER APPLICATION WHEN THE LEGISLATURE DECLINES TO SPEA
THE ISRAELI CONSTITUTIONAL REVOLUTION: THE CANADIAN IMPACT IN THE MIDST OF A FORMATIVE PERIOD
No full textTHE ISRAELI CONSTITUTIONAL REVOLUTION: THE CANADIAN IMPACT IN THE MIDST OF A FORMATIVE PERIO
R.D.S. V. HER MAJESTY THE QUEEN: A CASE ABOUT HOME
No full textR.D.S. V. HER MAJESTY THE QUEEN: A CASE ABOUT HOM
Canada\u27s Re-emerging Division of Powers and the Unrealized Force of Reciprocal Interjurisdictional Immunity
No full textIn recent decades, up to the middle of the first decade of the twenty-first century, Canadian division-of-powers jurisprudence seems to have been in a period of quiescence, with modern doctrine imposing few constraints on the federal government\u27s implementation of national programs. In this paper, the author argues that adopting provincial interjurisdictional immunity as the Supreme Court of Canada clearly chose to do in the Canadian Western Bank case and other cases, must imply further changes to recent federalism doctrine, potentially including the reaffirmation of spheres of genuine provincial exclusivity or even provincial paramountcy.
The Challenges of Securing an Open Society
No full textThe fifth anniversary of 9/11 has just passed. It is an appropriate time to take stock of how our world changed on that morning in New York City, because it did change. It is now hard to remember a time before 9/11 — a time before security became the filter or the screen through which our actions, our words, and our move- ments would be assessed and judged. I remember the morning well. I was Minis- ter of Justice and Attorney General of Canada and was attending the annual federal/provin- cial/territorial meeting of Ministers of Justice and Solicitors General with my colleague Law- rence MacCauley, the Solicitor General. Our host was Michael Baker, Minister of Justice for Nova Scotia, and we were at the White Point Lodge, outside Halifax. We had just begun our morning session, when I received a note, tell- ing me that a plane had crashed into one of the towers of the World Trade Center in New York City
KEEPING RELIGIOUS FUNDAMENTALISM UNDER WRAPS: THE CLOTHING CONTROVERSY IN SELECTED EUROPEAN COUNTRIES
No full textThe passage by the French government in March 2004 of a law prohibiting the conspicuous display of religious symbols and the wearing of religious apparel by students enrolled in public schools caused considerable controversy, not only within France, but in other quarters as well, for the law stopped female students affiliated with Islam from wearing religious headscarves. Muslim groups both inside and outside France responded critically. Among the notorious repercussions of this law was the subsequent kidnapping in Iraq of two French journalists.1 Somewhat less publicized (but equally important) events in the past year have been decisions by European courts arising out of human rights challenges to similar bans – made in Turkey and in the U.K. – that apply to students’ attire when attending public schools or universities.2 In this instance, multicultural values that would encourage students to display their religious commitments are subordinated. They must take second place to several European governments’ goal of promoting a strictly secular educational environment