This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters of the book cover the following: parliamentary institutions; parliaments and ministries; privileges and immunities; the House and its Members; parliamentary procedure; the physical & administrative setting; the Speaker & other presiding officers; the parliamentary cycle; sittings of the House; the daily program; oral & written questions; the process of debate; rules of order & decorum; the curtailment of debate; special debates; the legislative process; delegated legislation; financial procedures; committees of the whole House; committees; private Members' business; public petitions; private bills practice; and the parliamentary record. Includes index.
When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? Constraining the Court explores what happens when a statute involving a significant public policy issue – French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying – is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome.
The Federal Court of Canada, which existed from 1875 to 1971 under the name Exchequer Court of Canada, occupies a special place in the court structure of Canada. It was founded principally to adjudicate legal disputes in which the Canadian government was involved; since its change of name in 1971 it has become primarily an administrative appeal court dealing with the review of decisions made by federal administrative tribunals in addition to its existing jurisdictions, admiralty, intellectual property, tax, and other areas. As a federal court within the nation, its very existence has provoked discussion and debate as the various provincial court systems claim a position of primacy within our society for the adjudication of legal disputes. Central to this history of the Court is an examination of the judges who have sat on its bench. Bushnell investigates who the judges have been and examines their work, with particular focus on the judges' views of the proper approach to decision-making. His study contains a wealth of information, much of which may not be widely known in the profession. As such, The Federal Court of Canada constitutes a rich source both for those with a legal background and for those with an interest in the working and history of legal institutions.
Alcohol policies reflect conflicting ideological, social, health, and commercial agendas. Sober Reflections describes the development of alcohol policies at the national level and in Alberta, Quebec, and Ontario between 1980 and 2000. Using qualitative research methods, the essays examine the roles of key players, including governments, NGOs, public health advocates, and representatives of the alcohol industry. The contributors base their incisive papers on interviews with representatives from public health and the government, lobbyists, researchers, media, and those in the alcohol industries, as well as on an analysis of government documents, newspaper accounts, and official statistics.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Crimes by the Capitalist State systematically examines a broad spectrum of state criminality including state terrorism, torture and murder, drug smuggling and arms trafficking, espionage and surveillance, and violations of internationally established human rights. While exploring crimes by the state from both a national and international perspective, this book also reflects the latest scholarship in comparative political and social science, especially as these relate to current developments in the political economy, the study of crimes by the powerful, and theories on state and social control. This book stresses the importance of studying crimes by the state as a prerequisite for peacemaking worldwide. For example, state crimes such as the Iran-Contra Affair or the apartheid policies of South Africa should become the subject matter of criminologists and lay persons alike. The collective evidence gathered here demonstrates that state criminality is primarily an organizational and structural phenomenon, and only secondarily an individual phenomenon, whether committed for ideological reasons or for personal profit.
What does open government mean in practice? This book offers an authoritative and highly topical look at the implementation of reform from senior academics and civil servants. Britain's situation and future requirements are set in context by insights from other Westminster systems of government, namely Australia, Canada, Ireland and New Zealand. Each of these accounts is itself an original contribution to the literature on that country's experience. Throughout, the emphasis in upon freedom of information and privacy issues.