Page 80 - Constitution Act News Today

  MONTREAL -- The controversial notwithstanding clause (section 33 of the Constitution Act), has been debated incessantly in Canada and particularly in Quebec since its inception in 1982, following the patriation of the Constitution. Why? Because it allows a provincial government to disregard certain rights and freedoms, knowing those guarantees are likely to get in the way of the law it would like to pass. “The notwithstanding clause is a kind of escape hatch that allows a government to...

Could Canada decouple itself from the Crown? Yes, but it wouldn’t be easy. The real impediment to the abolition of the monarchy is the constitutional amending formula. When Canada patriated the constitution, in 1982, 1 it adopted a set of conditions for making changes to it. For most amendments, you need seven out of ten provinces and the federal government to agree. But the Constitution Act lays out a series of areas that require unanimity. Those include making changes to the office of the ...

Supreme Court of Canada ruling could reset Sinixt presence in West Kootenay  May 6, 2021 By John Boivin VALLEY VOICE Two weeks after the Supreme Court of Canada ruled in favour of Sinixt hunting rights, the head of the American tribe that launched the case is still excited. “I think my feet have finally hit the ground,” said Rodney Cawston, chairman of the Confederated Tribes of the Colville Reservation. “This is really exciting for us, it was really exciting for our people. It was an am...

Police Officers Take Ontario Government to Court Over COVID-19 Measures Fifteen active and four retired police officers are taking the Ontario government to court over the province’s COVID-19 measures that “compels” officers to enforce rules that violate Charter rights and their oath to uphold the Constitution.  The officers state, in the notice of application (pdf) filed on April 20, that Ontario’s COVID-19 measures are “unconstitutional and of no force and effect” and force offi...

Comments Off on Canada’s Top Court Upholds Trudeau’s Carbon Tax OTTAWA, Ontario, Canada, March 25, 2021 (ENS) – In a political win for Canada’s Prime Minister Justin Trudeau, the Supreme Court of Canada today ruled that the Liberal Government’s carbon tax law is constitutional because climate change is a threat to the entire country and demands a coordinated national approach. “Climate change is real. It is caused by greenhouse gas emissions resulting from human activities, and it p...

On April 23, 2021, the Supreme Court of Canada (SCC) released its decision in R. v. Desautel, 2021 SCC 17, which upheld the lower court decisions to acquit Richard Desautel of charges under the Wildlife Act. The SCC confirmed his Aboriginal right to hunt in the Arrow Lakes area of British Columbia, even though he is a resident and citizen of the United States. This case raised novel questions about the territorial scope of the phrase "aboriginal peoples of Canada" in section 35 of the Consti...

Appeals Court to hear Metis hunting and fishing Rights cases Lawyers for two Saskatchewan Métis men are set to argue that their clients have protected hunting and fishing Rights. Warren Boyer was cited for fishing for food on Chitek Lake located about 60 km southeast of Meadow Lake and approximately 24-30 kilometers directly south of the most southerly end of Green Lake, which lake and hamlet lie adjacent to the historic Carlton – Green Lake Trail in March 2014. At the time of his detention,...

What if the Supreme Court of Canada decided that Constitutionally protected Aboriginal rights extend to Indigenous people outside of Canada? We will now find…

Posted: May 1, 2021 The Ktunaxa Nation Council (KNC) has sent a letter to the federal government requesting a federal environmental impact assessment for the proposed re-start of an open-cut coal mine 26 km south of Crowsnest Pass. In an April 1 letter to Jonathan Wilkinson, Minister of Environment and Climate Change and Greg Bosse, Project Manager, Prairie and Northern Region Impact Assessment Agency of Canada, the Ktunaxa Nation asks that Montem Resources’ Tent Mountain Project undergo a r...

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