Limiting rights, Canadian style : the Supreme Court of Canada, American jurisprudence and section 1 of the Charter /

The addition of the Charter of Rights and Freedoms represented a fundamental shift in Canadian governance. Many saw the tabling of such a document as a further, even fmal, step towards the Americanization of the Canadian polity. While the Charter's presence has significantly altered the relationship between citizens, government and the courts, it has done so by maintaining the traditional values and experiences that has been the hallmarks of Canadian constitutionalism. This is in contrast to the fears harboured by critics suggesting that the Charter was a further Americanization of the Canadian Polity, notwithstanding the very different natures of the American Bill of Rights and the Canadian Charter. Analyzing American Supreme Court precedent use by the Canadian Supreme Court has demonstrated that such an Americanization has not, in fact, occurred. In the present analysis of American precedent use in section 1 limitation of rights cases, the citation of these precedents are at best episodic, at least on the quantitative level. Qualitatively, the Canadian Supreme Court generally uses American jurisprudence to further support broad definitions of 'great rights' . As for the more intricate details of rights limitations and the process involved in detennining how Charter rights are limited, one would be hard pressed to find even cursory references to American case law.

Rights jurisprudence and the charter : evaluating the changing structure of Canadian federalism /

Abstract . Rights jiirisprudence in Canada dates back as far as Confederation in 1867. Between this date and 1982, the organizing principle of Confederation - federalism - has kept this jurisprudence solely within the supremacy of Parliament, subject to its confines and division of powers. After 1982, however, a new constitutional organizing principle was introduced, when Prime Minister Pierre Trudeau introduced the patriation initiative, touted as the "people's package". Individual rights and freedoms were now guaranteed by the Constitution. Citizens of Canada now had a direct link to the Constitution via the Charter and there were now two significantly different organizing principles within the constitutional order widch created an unstable coexistence. This instability has led to a clash between judicially enforced Charter rights and federalism. The Charter has since had both a nationalizing and centralizing effect on Canadian federalism. This thesis explores the relationship between rights and federalism in Canada fix)m Confederation to present day by comparing the jurisprudence of pre and post Charter Canada. An analysis of Supreme Court's (and its predecessor's, the JCPC) decisions shows the profound effect the Charter has had on Canadian federalism. The result has been an undermining of federalism in Canada, with Parliamentary Supremacy replaced by Constitutional supremacy, and ultimately. Judicial Supremacy. Moreover, rights discourse has largely replaced federalism discourse. Canadians have become very attached to their Charter, and are unwilling to allow any changes to the constitution that may affect their rights as political elites discovered the hard way after the collapse of the Meech and Charlottetown Accords. If federalism is to remain a relevant and viable organizing principle in the Constitution, then governments, especially at the provincial level, must find new and iimovative ways to assert their importance within the federation.

An Act to authorise the stock held by private parties in the Welland Canal to be purchased on behalf of the Province [Welland Canal Stock Bill], 1841

The bill is a proposal by the government to purchase Welland Canal stock held in private hands. The bill was read for the first time on Wednesday 4 August, 1841, and received second reading on 10th August, 1841. One hundred and fifty copies were printed of the bill. This example was addressed to Samuel Street at the Falls of Niagara, by William Hamilton Merritt, September 1841.

Hints to both Parties

Full Title: Hints to both parties : or, Observations on the proceedings in Parliament upon the petitions against the Orders in council, and on the conduct of His Majesty's Ministers in granting licenses to import the staple commodities of the enemy. Printed for E. Sargeant

Clopton Charter

Translation of Clopton Charter Let those who are present and those in future know that I Robert de Clopton gave and granted to my son, William, one yardland which is part of the Clopton estate / manorial demesne with all its appurtenances in exchange for his homage and service , and that I have confirmed it with this charter . The yardland in question is that which he once held as heriot / heritable property . [I have given and granted it to him] to be held and kept by him and his heirs freely and undisputedly as a holding granted in return for services and as hereditable property from me and my heirs. For this he has to pay an annual rent of twelve silver pennies, in two installments per year: six on the Feast Day of St. Michael and six on the Feast Day of St. Mary in March , on the income that belongs to me and to my heirs, without neglecting income from elsewhere; together with all goods and privileges attached to the aformentioned land in the form of fields and pastures and everything which belongs to said yardland. And I, Robert, and all my heirs shall warrant all this aforementioned yardland together with all its appurtenances to said William and his heirs against all other claims in perpetuity . However, in order that this gift and grant of mine may remain firm and immovable, I have validated this charter with my seal in the presence of [the following] witnesses: the knights Sir William of Ludinton [and] Sir Robert of Valle. William of Edricheston, William of Waleford, Robert of Sidesam, Richard of Ludinton, Nicholas the scribe , and others.

Salience of Charter Schools in Educational Policy Debates in Three Canadian Provinces: 1993-2010

School choice-the movement towards increased parental and student control over public education-has been endorsed extensively as a means of revitalizing and improving public schools. Part of this movement is the concept of charter schools, which have expanded rapidly in the United States and around the globe. In stark contrast, Canadians have remained relatively content with current educational arrangements; only 13 charter schools currently exist in Canada, all in the province of Alberta. This study sought to identify why charter schools have failed to situate themselves in Canadian education. The study used an agenda setting framework to determine the salience of charter schools as a public issue in three provinces: Alberta, British Columbia, and Ontario. Results largely indicate that over the past 18 years, charter schools have gradually declined as a salient issue. Additional discussion concerning the unique characteristics of Canadian education highlights factors that appear to discourage the expansion of such schools. However, although charter schools do not appear to be a current issue for Canadians, they may still emerge in the future, as parents and teachers continue to seek new ways of improving educational outcomes. Thus, although the impact of charter schools on public education has been minimal to date, they provide an illuminating lens towards better understanding educational reform and policy, as well as the fundamental values that shape education in Canada.

Atlas de toutes les parties connues du globe terrestre : dressé pour l'Histoire philosophique et politique des établissemens et du commerce des Européens dans les deux Indes (1780)

Atlas to: Histoire philosophique et politique des établissemens et du commerce des Européens dans les deux Indes / Guillaume Thomas Raynal. - Genêve : J.-L. Pellet, 1780 Author statement on maps: Par M. Bonne, ingénieur-hydrographe de la Marine Maps numbered: 1-17, 17 bis-49. [23] leaves of tables at end are lacking in Special Collections' copy

Invitations - Two Book Launch parties for Anatomy of a Winery (Toronoto & Niagara on the Lake)

Two book launch party invitations for Donald Ziraldo's Anatomy of a Winery. The first party to take place at Inniskillin Winery on April 26, 1995, the second party at Indigo Books Music & More in Toronto on June 21st. Both invitations also mention the 25th anniversary of Inniskillin Winery.

Booklet containing Jekyl Island Club charter, constitution, by-laws and members’ names

Booklet containing Jekyl Island Club charter, constitution, by-laws and members’ names (2 copies). The first copy is missing the membership list and the pages are loose. The spine is taped. The 2nd copy is in good condition, 1887.