Living Tree Doctrine
Category: Democratic Governance
The “living tree” doctrine refers to a method of constitutional interpretation that allows for Canada’s Constitution to change and evolve over time while still acknowledging its original intentions.[1] The doctrine achieves […]
Judicial Review
Category: Democratic Governance
In Canada, as well as in many other constitutional democracies, there are two types of ‘judicial review’ – judicial review on administrative acts, and judicial review on the constitutionality of […]
Judicial Independence
Category: Democratic Governance
Introduction The judiciary is one of three branches of government in Canada: executive, legislative and judicial. Each of these branches has responsibilities rooted in Canada’s Constitution and history. Judicial independence is foundational […]
Judicial Committee of the Privy Council
Category: Democratic Governance, Federalism
From 1867 until 1949 the ‘Judicial Committee of the Privy Counsel’ (JCPC), a British institution, served as Canada’s highest court of appeal. Ottawa abolished appeals to the JCPC in 1949. […]
Victoria Charter
Category: Democratic Governance, The Charter, Federalism
The ‘Victoria Charter’ refers to a package of changes to the Canadian Constitution that was debated by Prime Minister Trudeau and the provincial Premiers in Victoria in June 1971. The […]
Unwritten Constitutional Principles
Category: Democratic Governance
This article was written by a law student for the general public. Introduction The Constitution is Canada’s supreme law. The rules written in the Constitution are superior to all other […]
Suspended Declaration
Category: Democratic Governance
When a court declares a law to be unconstitutional it is ‘struck down’ and thus, is no longer enforceable. As that law no longer exists, an intolerable gap in the […]
Supreme Court of Canada
Category: Democratic Governance
The ‘Supreme Court of Canada’ is the final court of appeal in constitutional (and other) cases. It also provides advice on constitutional questions when asked to do so by the […]
Supremacy of Parliament
Category: Democratic Governance
This article was written by a law student for the general public. Democracy is known as “government by the people”. Representative democracy acknowledges that it is impossible to have every […]
Dialogue Theory
Category: Democratic Governance, The Charter
What is ‘Dialogue Theory’? ‘Dialogue theory’ is a particular thesis that describes the relationship between the legislative and judicial branches of government. Put most simply, it is the idea that “Canadian […]
Spicer Commission
Category: Democratic Governance, Federalism
The ‘Spicer Commission’, formally known as the Citizens’ Forum on Canada’s Future, was part of the Mulroney government’s efforts to lay the groundwork for the Charlottetown Accord. The Commission consisted […]
Sovereignty-Association
Category: Democratic Governance, Federalism
‘Sovereignty-association’ is one manifestation of Quebec separatism. It calls for political independence and an ongoing economic partnership with Canada. Conceptualized by René Lévesque, ‘sovereignty-association’ was the centrepiece of the Parti […]
Delegation and Devolution
Category: Democratic Governance, Federalism
The distribution of powers (see division of powers) between the federal and the provincial governments under our Constitution has, at times, made it difficult for either level of government to […]
Declarations
Category: Democratic Governance
A declaration is a statement made by a court clarifying the law, or the rights and obligations of one party to another. When a court makes a declaration, it simply […]
Social Charter
Category: Democratic Governance
This term is used to capture various means of constitutional recognition of the essential components of economic and social citizenship (such as rights to education, health care, an adequate standard […]