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Articles 1 - 4 of 4
Full-Text Articles in Law
The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire
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 …
Does Canada Need A Social Charter?, Matthew Certosimo
Does Canada Need A Social Charter?, Matthew Certosimo
Dalhousie Law Journal
Over the decade since the birth of the Canadian Charter of Rights and Freedoms, expectations that it would impact greatly on the lives of Canadians have gone largely unfulfilled for those regarded as being the most in need of its protection. A recent decision of the Nova Scotia County Court has reminded critics that the narrow interpretation given the Charter'se quality2 and security oftheperson3 provisions, particularly with regard to social and economic rights, excludes from its purview the well-being of Canadians in economic need.
Canadian Constitutional Law And Madame Justice Bertha Wilson - Patriot, Visionary And Heretic, James Macpherson
Canadian Constitutional Law And Madame Justice Bertha Wilson - Patriot, Visionary And Heretic, James Macpherson
Dalhousie Law Journal
In the remainder of this paper I will consider Justice Wilson's contribution to Canadian constitutional law. The paper has three parts. Each has a different theme, although the themes overlap in places. I have given these themes labels, each reflecting, I believe, a significant feature of Justice Wilson's constitutional thinking and writing. The labels are Justice Wilson as - Patriot, Visionary and Heretic. In the next three parts of this paper I will deal with each of these themes, with reference principally to her decisions in Charter cases but also with occasional references to her decisions in other categories of …
Beyond Liberalism And Its Critics: An Essay In Constitutional Theory, Marcus Faro De Castro
Beyond Liberalism And Its Critics: An Essay In Constitutional Theory, Marcus Faro De Castro
Dalhousie Law Journal
Contemporary legal culture spends a great deal of energy in generating arguments about constitutional law. Typically, such arguments concern the determination of the content of constitutional clauses which define the meaning and extension of governmental powers, individual rights and civil liberties, the allocations of power among different departments of government, or among local and supra-local spheres of government, and so forth.