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Failure To Report: The Manifestly Unconstitutional Nature Of The Human Smugglers Act, Jennifer Bond
Failure To Report: The Manifestly Unconstitutional Nature Of The Human Smugglers Act, Jennifer Bond
Osgoode Hall Law Journal
This paper uses the Human Smugglers Act as a case study of what can happen when a Canadian government tables legislation that is highly controversial not only for reasons of ideology or policy, but also because it almost certainly violates the Charter. The conclusion is twofold: first, that a requirement originally meant to increase government accountability in the face of Canada’s human rights instruments is failing; and second, that this same requirement is now providing the government political cover to deflect legitimate constitutional critique while simultaneously avoiding substantive engagement. The result is an impoverished constitutional dialogue and a misled Canadian …
Canadian Bijuralism At A Crossroad? The Impact Of Section 8.1 Of The Interpretation Act On Judicial Interpretation Of Federal Legislation, Aline Grenon
Osgoode Hall Law Journal
Section 8.1 of the Interpretation Act affirms the equal authority of the common law and civil law in the field of property and civil rights. The section states, subject to two exceptions, that federal enactments based on rules and concepts that are part of the law of property and civil rights are to be interpreted in accordance with these rules and concepts. Prior to the enactment of section 8.1 in 2001, courts had a tendency to opt for a uniform application of federal legislation based on common law concepts, with often negative results for Quebec civil law. Since then, the …