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.

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.

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.

St. Catharines Garrison Club membership roll

The St. Catharines Garrison Club list of charter members. The organization was created in 1899 for members of the military, both active and inactive.

Men's Rugby (1981-82)

Back Row: J.B. Owens, Ross Smith (Head Coach), Adam Frost, Derrick Harwood, Dave DeRose, Bill Arniel, Danny Mazor, Alan Ross, Randy McKeller, Pete McDougall, Ray D'Archi, Kelvin Oda, Mark Pelletier, Eric Thompson, Marty Houston, Ken White (Asst. Coach) Front Row: Peter Love, Chris Peskett, Duff Porteous, Bart Ward, Dave Sohmer, Gary Gautier, Ken Murray, Dave Tamowski, Steve Shaughnessy, Jeff Wood Absent: Alfred Esmaily, Luc Gignac, Fred Kovacs, Andrew Norman

Men's Volleyball Team (1981-82)

From left to right: H. T. Lillies (Coach), Rudolph Ambacher, Bill Hadfield, Michel Thibodeau, Bill Haines, Larry Plummer, Bill Smale, and Kelvin Oda (Manager). Absent: Gordon McNeice, Tom Dagg, Hong Wey Kang, Darrel Murphey, Darren Cannell, Ian Shackel, John Bernie.

Women’s Literary Club of St. Catharines Fonds

The Women's Literary Club of St. Catharines was founded in 1892 by a local author, Emma Harvey (Mrs. J.G.) Currie (1829-1913) and held its last official meeting on February 19, 1994. The Club developed, flourished and eventually waned. After more than one hundred successful years, the last members deposited the Club's archives at Brock University for the benefit of researchers, scholars and the larger community. The ‘object of the Club’ was established as “the promotion of literary pursuits.” The Club was a non-profit social organization composed of predominantly white, upper middle class women from the St. Catharines and surrounding areas. Club meetings were traditionally held fortnightly from March to December each year. The last meeting of the year was a celebration of their Club anniversary. The early meetings of the Club include papers presented and music performed by Club members. The literary pursuits that would dominate the agendas for the entire life of the Club reflected an interest in selected authors, national and local history, classical history, musical performances and current cultural and newsworthy events. For example in 1893 a typical meeting agendas would contain papers on Henry Wadsworth Longfellow, Hawaii, Brook Farm, Miss Louisa May Alcott and “Education of Women 100 years Ago.” Within the first year of the Club’s existence, detailed minute books became the norm and an annual agenda or program developed. The WLC collection contains a near complete set of meeting minutes from 1892 until 1995 and a comprehensive collection of yearly programs from 1983-1967 which members took great care to publish each year. Mrs. Currie brought together a group of women with a shared interest in literature and history, who wanted to pursue that interest in a formal and structured manner. She was well educated and influenced at an early age by her tutor and mentor William Kirby, local historian, writer and newspaper editor from Niagara-on-the-Lake. While Currie’s private education influenced her love of literature and history, the Club movement of the 1890’s offered a more public forum for her to share knowledge and learning with other women. Mrs. Currie was the wife of St. Catharines lawyer, James G. Currie, who also served as a Member of Parliament for the county of Lincoln. Mrs. W.H. McClive, who was also married to a St. Catharines lawyer, worked closely with Currie and they began research into the possibility of a literary Club in St. Catharines. Currie corresponded with a variety of literary Clubs across North America before she and Mrs.McClive tagged onto the momentum of the Club movement and published “A Clarion call for Women of St. Catharines To Form a Literary Club” in the local paper The St. Catharines Evening Journal. in 1892 and asked like Clubs to publish the news of their new Club. The early years of the WLC set the foundation of how the Club meetings and events would unfold for the next 80 plus years. Photos and minutes from the first ten years reveal an excitement and interest in organized Club outings. One particular event, an annual pilgrimage to the homestead of Laura Secord, became a yearly celebration for the Club. Club President, Mrs. Currie’s own personal work on Laura Secord amplified the Club’s interest in the ‘heroine of 1812’ and she allocated the profits from her publication on Secord in order to create a commemorative plaque/monument in the name of Laura Secord. The Club celebrated this event with a regular pilgrimage to this site. The connection felt by Club members and this memorial would continue until the Club’s last meetings. The majority of members in the early years were of the upper middle classes in the growing city of St. Catharines. Many of the charter members were the wives of merchants, business men, lawyers, doctors, even a hatter. Furthermore, the position of president was most often held by a woman with a comprehensive list of interests. This is particularly the case in Isabel Brighty McComb (1876-1941). Brighty who became a member in 1903, became Club president in 1932 and stayed in her post until her death in 1941. Similar to Mrs. Currie, Brighty was a local historian and published 2 booklets on local history. Her obituary indicates her position in the community as an author and involved community member committed to lifetime memberships in the Imperial Order of Daughters of Empire, I.O.D.E., the National Organization of Women, N.O.W. and the United Empire Loyalist Society, as well as the WLC. She was a locally known ‘teacher of elocution’ and a devoted researcher of Upper Canadian history. In a Club scrapbook dedicated to her, the biographical sketch illustrates the professionalism surrounding Brighty. There is very little personal history mentioned and the focus is on her literary works, her published essay, booklets and poetry. This professional focus, evident in both her obituary and the scrapbook, illustrate the diversity of these women, especially in their roles outside of the home. The WLC collection contains a vast array of essay, lectures clippings and scrapbooks from past meetings. Organized predominantly by topic or author, the folders and scrapbooks offer a substantial amount of research opportunity in the literary history of Canada. The dates, scope of topics and authors covered offer historians an exciting opportunity to examine the consumption of particular literary trends, artists and topics within the context of a midsized industrial city in English Canada. This is especially important because the agenda adhered to by the Club was bent on promoting, discussing and reviewing predominantly Canadian material. By connecting when and what these women were studying, scholars many gain a better understanding of the broader consumption and appreciation of literary and social trends of Canadian women outside of publishing and institutional records. Furthermore, because the agendas were set by and for these women, outside of the constructs of an institutionalized canon or agenda, they offer a fresh and on the ground examination of literary consumption over an extensive length of time.

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.

Gwladys Cunningham fonds, 1933-1934, 1940, 1942-1968, n.d.

Gwladys Cunningham was the Secretary-Treasurer of the Lincoln N.D.P. Ladies Group as well as involved in the CCF [Co-operative Commonwealth Federation] branch in Thorold. Additional Cunningham family members may also have been involved in the activities of the Thorold Branch. The Thorold branch of the Ontario division of The Co-operative Commonwealth Federation held its first meeting on June 15, 1933 at the home of Mark Kriluck. The branch became an official unit of the CCF when it was granted a charter in August of that same year. Officers elected at the annual meeting in October were W.G. Campbell, President, Jane Griffiths, Vice-President, James Logan Secretary and Mark Kriluck Treasurer. In 1960 the CCF voted to officially change their name to The New Democratic Party. The branch later became known as the Lincoln and Welland Riding Association of The New Democratic Party. Rare publications directly related to the CCF and the NDP remain with the fonds. Some publications were removed and placed in the general stack collection. See below for a list of books that were removed from the fonds and placed in the general collection.

Rotary Club of St. Catharines fonds, 1973-1985, n.d.

The first Rotary Club was created in February 1905, by Chicago lawyer Paul P. Harris. Harris envisioned a club which would bring members of the business community closer together. As his vision grew more members were acquired. In order to accommodate everyone, meetings were held at each of the member’s place of business; hence the name Rotary Club was adopted. A wagon wheel was chosen as an appropriate symbol to denote the club; which today has become the cogwheel. By the close of its first year the club had thirty members. Slowly Rotary Clubs began emerging across the country and by 1910 they had become International by moving North to Canada. By 1921 Rotary representation was present in every Continent and in 1922 the name Rotary International had been approved. The Rotary Club of St. Catharines came into existence on May 19, 1921 under the Charter President Canon Bill Broughall. The Club’s beginnings were humble with only twenty-five members; however, by their seventy-fifth anniversary the club had grown to one hundred and forty-four. The Rotary Club of St. Catharines is a non-profit charity, prescribing to the motto Service above Self. This motto is demonstrated through the Clubs numerous contributions to society both locally and internationally. The Club raises funds, supports exchange programs, and participates in community service work. Some of the organizations which have benefited from the Clubs donations; include, Easter Seals, the Niagara Peninsula Children’s Centre, and the Youth Exchange Program.