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.

A review of the case of Alexander McLeod: recently determined in the Supreme Court of Judicature of the state of New York (1841)

Alexander McLeod, a British subject, was tried for the murder of Amos Durfee and as an accomplice in the burning of the steamer Caroline, in the Niagara River, during the Canadian rebellion in 1837-1838.

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.

Corporal punishment : understanding the debate in Canada

There has been considerable debate over whether corporal punishment against children should be prohibited in Canada. Various organizations, most notably the Canadian Foundation for Children, Youth and the Law, have argued that the Canadian Government should ban the use of corporal punishment by repealing the specific section of the Canadian Criminal Code that provides parents with a legal defence to use corporal punishment against their children; this provision is outlined in Section 43 of the Criminal Code. Recently, the Canadian Foundation for Children, Youth and the Law challenged the constitutionality of Section 43 before the Supreme Court of Canada. The organization claimed Section 43 is unconstitutional. It violates children's Charter rights, such as the right to security of a person (Section 7), the right to be protected from cruel and unusual treatment (Section 12), and denies children the same protection adults receive under the law. Both the Canadian government and the Supreme Court of Canada reject the Foundation's arguments. Examining the federal government and the judicial system's rationale for refusing to remove Section 43 of the Canadian Criminal Code discloses how the parent-child relationship is perceived. This thesis examines how the parent-child relationship is perceived by the Canadian government and the issues that arise from such a view. This examination is essential for the comprehension of why Canada's corporal punishment law was enacted and remains in effect today.

Toronto Lodge of Perfection

On April 25, 1878 at an informal meeting of members of the Toronto Chapter of Rose Croix a petition was presented for a warrant for a Lodge of Perfection. The Toronto Lodge of Perfection of the Scottish Rite Masonry in the Valley of Toronto held its inaugural meeting in Toronto, Ont. on May 22 1878 with support and approval of the Supreme Council for Canada. From time to time, the name of the chapter was also known as the Toronto Grand Lodge of Perfection, but was dropped permanently in 1884. The group continues to meet today in Toronto, Ontario.

Proceedings : Grand Lodge, A.F. & A.M. of Canada in the Province of Ontario - 1855 & 1856

These are the annual proceedings of the Grand Lodge A.F. & A.M. of Canada in the Province of Ontario covering a single year of activity. The entire collection of proceedings cover the years 1855 to 2010. Future proceedings will be added to the website. Freemasonry is the oldest and largest worldwide fraternity dedicated to the Brotherhood of Man under the Fatherhood of a Supreme Being. In Ontario, the governing body is called the Grand Lodge of Ancient Free and Accepted Masons of Canada in the Province of Ontario. It is under the leadership of the Grand Master. He presides over the 53,000 Masons who belong to one or more of the 571 lodges in his jurisdiction.

Proceedings : Grand Lodge, A.F. & A.M. of Canada in the Province of Ontario - 1857

On spine : The Grand Lodge of Canada in the Province of Ontario.

Proceedings : Grand Lodge, A.F. & A.M. of Canada in the Province of Ontario - 1858

On spine : The Grand Lodge of Canada in the Province of Ontario.

Proceedings : Grand Lodge, A.F. & A.M. of Canada in the Province of Ontario - 1859

On spine : The Grand Lodge of Canada in the Province of Ontario.

Proceedings : Grand Lodge, A.F. & A.M. of Canada in the Province of Ontario - 1860

On spine : The Grand Lodge of Canada in the Province of Ontario.

Proceedings : Grand Lodge, A.F. & A.M. of Canada in the Province of Ontario - 1861

On spine : The Grand Lodge of Canada in the Province of Ontario.

Proceedings : Grand Lodge, A.F. & A.M. of Canada in the Province of Ontario - 1864

On spine : The Grand Lodge of Canada in the Province of Ontario.

Proceedings : Grand Lodge, A.F. & A.M. of Canada in the Province of Ontario - 1865

On spine : The Grand Lodge of Canada in the Province of Ontario.

Proceedings : Grand Lodge, A.F. & A.M. of Canada in the Province of Ontario - 1866

On spine : The Grand Lodge of Canada in the Province of Ontario.

Proceedings : Grand Lodge, A.F. & A.M. of Canada in the Province of Ontario - 1867

On spine : The Grand Lodge of Canada in the Province of Ontario.