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House of Commons Procedure and Practice
This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters...
An Act of Genocide
During the 1900s eugenics gained favour as a means of controlling the birth rate among “undesirable” populations in Canada. Though many people were targeted, the coercive sterilization of one group has gone largely unnoticed. An Act of Genocide unpacks long-buried archival evidence to begin documenting the forced sterilization of Aboriginal women in Canada. Grounding this evidence within the context of colonialism, the oppression of women and the denial of Indigenous sovereignty, Karen Stote argues that this coercive sterilization must be considered in relation to the larger goals of Indian policy — to gain access to Indigenous lands and resources while reducing the numbers of those to whom the federal government has obligations. Stote also contends that, in accordance with the original meaning of the term, this sterilization should be understood as an act of genocide, and she explores the ways Canada has managed to avoid this charge. This lucid, engaging book explicitly challenges Canadians to take up their responsibilities as treaty partners, to reconsider their history and to hold their government to account for its treatment of Indigenous peoples.
Constraining the Court
When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? Constraining the Court explores what happens when a statute involving a significant public policy issue – French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying – is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome.
Parliament and the legislative process
Parliament and the legislative Process : 14th report of session 2003-04, Vol. 2: Evidence
Canadiana
None
Governing with the Charter
In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.
Constitutional Pariah
The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.
The Federal Court of Canada
This book is an authoritative history of the Federal Court of Canada. The judges' work in various areas of substantive law provides illustrations of the functioning of the Court in the adjudication of disputes.
The Parliamentary Mandate
Undersøgelse af parlamentsmandatet baseret på svar på IPU-spørgeskema fra 134 parlamenter. Svarene er sammenlignet systematisk med de respektive forfatninger, lovgivning og parlamentsforretningsordener.
