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Constitutional Law

Dalhousie Law Journal

Constitution

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The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire Oct 1992

The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire

Dalhousie Law Journal

This article examines the impact that the suggested changes would have on the immigration power as presently set forth in sections 95 and 91(25) of the Constitution Act, 1867, and on Canadian immigration policy generally. First, it discusses how the present immigration power is allocated as between the federal government and the provinces, how it has been exercised or attempted to be exercisedby the two levels of government and how it has evolved and been interpreted by the Courts. Secondly, it looks at the problems that could arise as a result of the federal government transferring some of its immigration …


From Representation By Population To The Pursuit Of Elegance, Peter J. T. O. Hearn Oct 1983

From Representation By Population To The Pursuit Of Elegance, Peter J. T. O. Hearn

Dalhousie Law Journal

Will the Canadian people be content with the present format of our recently won constitution? I do not think so. The obstacles to any further changes are indeed formidable, but they were equally formidable in the cases of the changes that have been achieved. In those cases, a popular will was at work which was spurred by the energy of a near-coalition of aggrieved groups, but which gently forced these energies into the formation of a more moderate working consensus. It is true that the consensus is a crippled one, especially concerning Quebec, and several problems will have to be …