scholarly journals Canada's Re-emerging Division of Powers and the Unrealized Force of Reciprocal Interjurisdictional Immunity

2011 ◽  
Vol 20 (1) ◽  
pp. 2011
Author(s):  
Dwight Newman
Keyword(s):  
Supreme Court ◽  
First Century ◽  
Supreme Court Of Canada ◽  
Division Of Powers ◽  
The Supreme Court ◽  
Twenty First Century ◽  
National Programs

In recent decades, up to the middle of the first decade of the twenty-first century, Canadian division-of-powers jurisprudence seems to have been in a period of quiescence, with modern doctrine imposing few constraints on the federal government's implementation of national programs. In this paper, the author argues that adopting provincial interjurisdictional immunity as the Supreme Court of Canada clearly chose to do in the Canadian Western Bank case and other cases, must imply further changes to recent federalism doctrine, potentially including the reaffirmation of spheres of genuine provincial exclusivity or even provincial paramountcy. 

Intergovernmental Relations‘ Third Wheel: The Role of the Supreme Court in an Era of Collaborative Federalism

Federalism-E ◽  
2009 ◽  
Vol 10 (1) ◽  
pp. 1-15
Author(s):  
Allison O‘Beirne
Keyword(s):  
Supreme Court ◽  
Intergovernmental Relations ◽  
Supreme Court Of Canada ◽  
Division Of Powers ◽  
The Supreme Court ◽  
The Way

The Supreme Court of Canada has an absolutely undeniable role in intergovernmental relations. As the country‘s only constitutionally entrenched body charged with the resolution of division-of-powers disputes, its decisions and rulings are always certain to influence the way in which governments interact with each other. Recently, however, the Supreme Court has come to be less highly regarded as a method of resolving the disputes that arise between governments [...]

1. Origins

2020 ◽  
pp. xx-13
Author(s):  
Linda Greenhouse
Keyword(s):  
Supreme Court ◽  
National Court ◽  
First Century ◽  
Secure Base ◽  
Early Twenty ◽  
The Supreme Court ◽  
Twenty First Century ◽  
At Home

How does the Supreme Court in the early twenty-first century differ with regard to the intentions of the Framers in 1787? “Origins” looks at the Court’s development from a diffuse institution, with judges based at home or traveling around the country, to a secure base in the Capitol. Ever since Article III announced a national court with the authority to decide cases “arising under” the country’s Constitution, the role of the Supreme Court has been a matter of dispute. From the beginning, the Court has filled in the blanks contained in Article III. How has the modern Court become able to define and exercise its own power?

scholarly journals Uniformity and Diversity in the Enforcement of Arbitration Clauses in Canada

2020 ◽  
pp. 111-121
Author(s):  
Geneviève Saumier
Keyword(s):  
New York ◽  
Supreme Court ◽  
Access To Justice ◽  
Supreme Court Of Canada ◽  
Division Of Powers ◽  
The Supreme Court ◽  
Consumer Contracts ◽  
Local Courts ◽  
Model Law ◽  
New York Convention

Arbitration is well established in Canada. All jurisdictions have implemented the 1958 New York Convention, the UNCITRAL Model Law on Arbitration and equivalent legislation for domestic arbitration. This generally supportive legal landscape for arbitration is often at odds with access to justice for consumers. As a result, several jurisdictions in Canada have adopted legislation to guarantee consumers’ access to local courts, including through class actions, notwithstanding the inclusion of arbitration clauses in their contracts. The constitutional division of powers in Canada entitles each province to adopt its own policy, leading to diversity across the country with regard to the enforceability of arbitration clauses in consumer contracts. In this paper, the author examines the tension between general support for arbitration and differentiated treatment of consumer arbitration in Canada. To that end, the author examines relevant legislation in several provinces (including Quebec and Ontario) as well as recent jurisprudence from the Supreme Court of Canada (Dell Computer (2007), Telus (2011) and Wellman (2019)). The 2020 decision from the Supreme Court of Canada in Uber may signal a new openness toward extending protection to other vulnerable contracting parties such as employees.

Defining the Divine

2014 ◽  
Vol 16 (2) ◽  
pp. 198-204 ◽  
Author(s):  
Russell Sandberg
Keyword(s):  
Supreme Court ◽  
First Century ◽  
Registrar General ◽  
The Supreme Court ◽  
English Law ◽  
Twenty First Century ◽  
Court Of Appeal ◽  
The Church ◽  
Supreme Being

At first glance, it appeared to be a technical and dry decision about the operation of the Places of Worship Registration Act 1855, yet the Supreme Court judgment inR (on the Application of Hodkin) v Registrar General of Births, Deaths and Marriageswas actually one of the most significant decisions related to law and religion in 2013. The Justices of the Supreme Court held that a church within the Church of Scientology could be a ‘place of meeting for religious worship’ within section 2 of the 1855 Act. In so doing, the Supreme Court overruled one of the most well-known decisions in English religion law,R v Registrar General, ex parte Segerdal. InSegerdal, although the Court of Appeal had held that a chapel within the Church of Scientology could not be registered under the Act, the reasoning of their Lordships differed: Buckley LJ and Winn LJ focused on what they perceived to be the lack of ‘worship’, refusing to define the ‘chameleon word’ religion, while Lord Denning emphasised the phrase ‘religious worship’, holding that this required ‘reverence or veneration of God or a Supreme Being’ and that this was not met in the case of the Church of Scientology, which was ‘more a philosophy on the existence of man or of life than a religion’. All of these statements have been questioned by the bold Supreme Court judgment inHodkin, which provides guidance on how the terms ‘religion’ and ‘religious worship’ are to be understood by English law in the twenty-first century.

The U.S. Supreme Court: A Very Short Introduction

2020 ◽  
Author(s):  
Linda Greenhouse
Keyword(s):  
Supreme Court ◽  
First Century ◽  
Short Introduction ◽  
Early Twenty ◽  
Capitol Hill ◽  
The Supreme Court ◽  
The World ◽  
Twenty First Century ◽  
The U.S

The U.S. Supreme Court: A Very Short Introduction draws on the Court’s history and its written and unwritten rules to show how it operates in the early twenty-first century. Today’s Supreme Court, housed in a majestic building on Capitol Hill, bears little resemblance to the institution launched by the Framers of the Constitution and was originally seen as the weakest of the three branches of government. Over the next 200 years, the Court put the independence the Framers gave it to use and now largely defines itself. How do cases reach the Supreme Court? What features have other courts around the world taken from the Supreme Court, and what have they left?

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