Ponderous Intellect
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March 21st, 2006, 07:42 PM
That's okay, hehe; people know what one is referring to by either name.
Nonetheless, on a point of clarity: The British North America Act became the Constitution Act, 1867; the new constitution provisions, including the Canadian Charter of Rights and Freedoms, were enacted as the Constitution Act, 1982; and the Act that granted the exclusive right of Canada to legislate on its own behalf was the Canada Act, passed by the Parliament Assembled of the United Kingdom of Great Britain and Northern Ireland.
That's okay, hehe; people know what one is referring to by either name.
Nonetheless, on a point of clarity: The British North America Act became the Constitution Act, 1867; the new constitution provisions, including the Canadian Charter of Rights and Freedoms, were enacted as the Constitution Act, 1982; and the Act that granted the exclusive right of Canada to legislate on its own behalf was the Canada Act, passed by the Parliament Assembled of the United Kingdom of Great Britain and Northern Ireland.
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March 21st, 2006, 07:43 PM
Quoting
I thought that stopped with the Statute of Westminster.
In fact, even when the Supreme Court of Canada was created, it was not the final court of appeal in Canada — decisions could be appealed to the Judicial Committee of the Queen's Most Honourable Privy Council in the United Kingdom. Canada didn't stop appealing to the Privy Council until a few years ago.
Revision : Resolved a formatting error.
Revision : Resolved a formatting error.
Ponderous Intellect
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March 21st, 2006, 07:52 PM
Quite correct, my apologies. Appeals to the Judicial Committee of the Privy Council ceased in 1949. It should be noted, however, that some constitutional experts assert that the First Nations people would have the right to appeal to the Privy Council on treaty matters, since their relationship with the Crown predates that of their relationship with the Government of Canada.
Quite correct, my apologies. Appeals to the Judicial Committee of the Privy Council ceased in 1949. It should be noted, however, that some constitutional experts assert that the First Nations people would have the right to appeal to the Privy Council on treaty matters, since their relationship with the Crown predates that of their relationship with the Government of Canada.
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March 21st, 2006, 07:57 PM
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Wasn't that in 1931?
Quite correct, my apologies. Appeals to the Judicial Committee of the Privy Council ceased in 1949. It should be noted, however, that some constitutional experts assert that the First Nations people would have the right to appeal to the Privy Council on treaty matters, since their relationship with the Crown predates that of their relationship with the Government of Canada.
Ponderous Intellect
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March 21st, 2006, 07:59 PM
Would it be ultra vires the authority of the House of Commons, or the Senate of Canada, to refer a case to a world court? The Senate in Canada has the right to engage in its own judicial proceedings (which of course is not, and never has been, to my knowledge, used — it is a principle inherited from the House of Lords), so couldn't it refer a case to someone else?
Would it be ultra vires the authority of the House of Commons, or the Senate of Canada, to refer a case to a world court? The Senate in Canada has the right to engage in its own judicial proceedings (which of course is not, and never has been, to my knowledge, used — it is a principle inherited from the House of Lords), so couldn't it refer a case to someone else?
Ponderous Intellect
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March 21st, 2006, 08:00 PM
It may have been; however, I have checked — the last appeals to the Privy Council do not coincide with the Statute of Westminster.
It may have been; however, I have checked — the last appeals to the Privy Council do not coincide with the Statute of Westminster.
Ponderous Intellect
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March 21st, 2006, 08:02 PM
According to Claude Bélanger of the Department of History at Marianopolis College, appeals to the Judicial Committee of the Privy Council in relation to constitutional matters did not cease until 1949. Click here to review the study.
According to Claude Bélanger of the Department of History at Marianopolis College, appeals to the Judicial Committee of the Privy Council in relation to constitutional matters did not cease until 1949. Click here to review the study.
