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Does The Attorney General Have A Duty To Defend Her Legislature’S Statutes? A Comment On The Reference Re Genetic Non-Discrimination Act, Andrew Martin
Articles, Book Chapters, & Popular Press
The Reference Re Genetic Non-Discrimination Act was unusual because the Attorney General for Canada argued that federal legislation was unconstitutional. In this comment, I explore the implications of this choice for the role of the Attorney General and her relationship with Parliament. I argue that the Attorney General has a duty not to defend legislation, including legislation that began as a private member’s bill, that she reasonably believes to be unconstitutional – and that if Parliament wants to defend such legislation, it should do so itself instead of relying on the Attorney General. If Parliament does not do so, the …
Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr
Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr
Dalhousie Law Journal
The constitutionality of the admiralty jurisdiction of the Federal Court of Canada has been in dispute in six recent Federal Court cases' on the basis of Supreme Court of Canada rulings that actual federal law, and not merely federal legislative authority, is necessary to constitutionally support the creation of a federal court under s. 101 of the British North America Act. 3 Although it does not yet appear to have been argued before the courts in a reported case, an even more serious potential challenge to this admiralty jurisdiction lies in another Supreme Court decision4 implying that federal power to …
Censorship And The Supreme Court: Re Nova Scotia Board Of Censors Et Al. V. Mcneil, William A. Mcmaster
Censorship And The Supreme Court: Re Nova Scotia Board Of Censors Et Al. V. Mcneil, William A. Mcmaster
Dalhousie Law Journal
On January 8, 1974, the Nova Scotia Amusements Regulation Board banned the showing of the film Last Tango in Paris. Gerard McNeil, the editor of a Dartmouth newspaper, decided to challenge the powers of the Board to make such prohibitions. He first appealed to the Lieutenant-Governor in Council, as required by section 3(4) of the Theatres and Amusements Act' but he was not recognized by that body as having the right to appeal. He then requested the Attorney-General to refer the constitutionality of the Act to the Appeal Division of the Supreme Court of Nova Scotia, but to no avail. …