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Full-Text Articles in Legal History

The Reconciliation Doctrine In The Mclachlin Court: From A “Final Legal Remedy” To A “Just And Lasting” Process, Constance Macintosh Jan 2011

The Reconciliation Doctrine In The Mclachlin Court: From A “Final Legal Remedy” To A “Just And Lasting” Process, Constance Macintosh

Articles, Book Chapters, & Popular Press

The issue upon which this paper focuses is one that runs through much of the Aboriginal rights jurisprudence over the last ten years: the idea of “reconciliation." However, the way in which the term is deployed, the values that inform it, the logic that drives it, and the conclusions that it supports have shifted and are continuing to shift. There are considerable differences between how this term was used at the time of Lamer C.J., its meaning for the bench under McLachlin C.J., and the new role it has evolved to take on most recently. In particular, reconciliation has come …


Municipal Issues And The Charter Of Rights: The Impact At The Grass Roots, A. Wayne Mackay, Kathryn Heckaman Jan 1990

Municipal Issues And The Charter Of Rights: The Impact At The Grass Roots, A. Wayne Mackay, Kathryn Heckaman

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Municipal institutions are the forgotten partners in the Canadian confederation. This is true in both political and legal terms. In political terms the agencies of local government are often under-valued. With respect to the law, the municipal level of government has too often been ignored. Both municipal councils and their related boards and tribunals have an important impact on the lives of citizens at the grass roots level. In carrying out their duties, municipal authorities exercise a wide range of discretionary powers and it is becoming increasingly important that they recognize the legal limits on their powers. The first and …