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.

Proceedings of a court of inquiry, convened on board the United States frigate the President, in the harbour of New York, on the thirteenth day of August, 1811, pursuant to the following warrant : To Stephen Decatur, esquire, a captain in the Navy of the United States. --

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Proceedings of the Court of Inquiry 1811

Full Title:Proceedings of a court of inquiry, convened on board the United States frigate the President, in the harbour of New York, on the thirteenth day of August, 1811, pursuant to the following warrant : To Stephen Decatur, esquire, a captain in the Navy of the United States.

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.

Case of Colonel Booker. The Court of Inquiry

A four sided pamphlet written by Alexander Somerville, and printed by Lawson & Co., Hamilton, Ont. The list of contents for the article reads: "Evidence Suppressed, Newspapers Silenced, Statement of Captain McGrath, General Manager of the Welland Railway, as to Colonel Booker's apparent mental aberration, on June 3rd, at 4 A.M. Squire Larne's statement. Other evidence."

British Methodist Episcopal Church Tithing Ticket, 1874

A quarterly tithing ticket from the British Methodist Episcopal Church, signed by Walter Hawkins, Minister, issued on August 16, 1874. This ticket was in the possession of the Richard Bell Family of St. Catharines.Minister Walter Hawkins was Superintendent of the Conference for the British Methodist Episcopal Church (Brant Co.) This excerpt from the Dictionary of Canadian Biography Online describes his role in reestablishing the BMEC in Canada following a period of reunion with the African Methodist Episcopal Church, an initiative spearheaded by Richard Randolph Disney, a free-born black American Methodist preacher. "By the end of the 1870s the BMEC had 56 congregations with about 3,100 members, the bulk of the latter being in the Danish West Indies and British Guiana. Because mission work outside Canada had overtaxed the church's financial resources, in 1880 Disney began negotiations towards reunion with the AMEC. The reunion was effected that year, and it was overwhelmingly ratified at a BMEC convention held at Hamilton in June 1881. A referendum showed that although a majority in Ontario was opposed, 86 per cent of the membership was in favour. Disney was accepted as an AMEC bishop and was assigned to its Tenth Episcopal District, a region embracing his former territory as well as some of the AMEC churches in Canada which had not joined the BMEC. Reunification appeared to have been a triumph for Disney, but trouble soon occurred. A majority of the Ontario churches and preachers, led by the Reverend Walter Hawkins of Chatham, sought to re-establish the BMEC, fearing the loss of their distinctive identity and perhaps feeling that the Caribbean groups had exercised too much influence on the reunification question. In 1886 this group held an ecclesiastical council at Chatham, at which it was claimed that Disney had defected to the AMEC. At a subsequent general conference that year the BMEC was reconstituted. The conference deposed Disney, agreeing to "erase his name and ignore his authority, and cancel his official relationship as bishop." The conference minutes also refer to a court case instigated by Disney which reached the High Court of Chancery in Britain, but records of this case have not been located. The reconstituted BMEC elected Hawkins as its general superintendent, avoiding the title of bishop for several years." Source: Dictionary of Canadian Biography Online. Government of Canada.