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Equality Before The Law And The Indian Act: In Defence Of The Supreme Court, Patrick N. Mcdonald Jan 1977

Equality Before The Law And The Indian Act: In Defence Of The Supreme Court, Patrick N. Mcdonald

Dalhousie Law Journal

The British North America Act' declares in section 91(24) that the exclusive legislative authority of Parliament extends to "Indians, and Lands reserved for the Indians". The Canadian Bill of Rights provides that no law of Canada shall be applied so as to abridge the right of the individual to equality before the law without discrimination by reason of race, national origin, colour, religion or sex. Three recent decisions of the Supreme Court of Canada have grappled with the reconciliation of constitutional authorization and statutory proscription. The trilogy has evoked a virtually unprecedented volume of critical comment, the common feature of …


Canada In Question: Federalism In The Seventies, David Covert Jan 1977

Canada In Question: Federalism In The Seventies, David Covert

Dalhousie Law Journal

Canada in Question is an apt title for D. V. Smiley's book discussing federalism in the seventies and the future of the Canadian federalist system. In this second edition, not only does he incorporate recent developments but he expands and re-casts several chapters in order to provide the reader with a more comprehensive coverage of the Canadian federal system. Smiley, in the first seven chapters, deals almost exclusively with the structures and processes of Canadian federalism, whereas the final three chapters are devoted to what he terms a more "speculative analysis of the relations between these structures and processes" (p. …