Provincial Participation in Canadian Foreign Relations

1971 ◽  
Vol 13 (2) ◽  
pp. 230-245 ◽  
Author(s):  
Gerard F. Rutan

We do not feel that it is dangerous or harmful to the federation if provinces enter into relationships with other nations to develop for example educational or similar programs.Hon. Harry E. Strom, Premier of Alberta, in a letter to the authorWithin the past decade a perennial and intriguing problem concerning Canadian foreign relations has gained new prominence. Can the government of Canada as empowered under Heading VI (Section 91) of the British North America Act (1867) conclude contractual relations with foreign states when the terms of such contractual relations can be given legal implementation only by legislation of the provinces in areas reserved to them under heading VI (sections 92 and 93) ? Or more precisely, since certain classes of legislative subjects are specifically reserved to the provinces, can the individual province then engage in “foreign relations” vis-á-vis those reserved subjects?With the signing of the Franco-Quebec Agreements of 15 September 1967, which provided for increased cultural, scientific, and technological cooperation between France and Quebec, and the developments leading up to and flowing from this Accord, the problem of the role and extent of provincial powers in regard to foreign relationships again came to the fore.

2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.


2015 ◽  
Vol 5 (1) ◽  
pp. 68-92
Author(s):  
Thomas Humphrey

Over the past thirty years, historians of colonial British North America have turned their attention to crowd violence. Most crowds inflicted horrifying, ritualized violence on people and property. Crowds assaulted men and women who committed adultery or bigamy, or who beat their spouses too severely. And crowds attacked anyone who jeopardized people’s health with disease or who used their political and economic power to get rich at the expense of their neighbors. What becomes clear is that colonists adapted the rituals of rough music to various social, political, and economic grievances. Readers usually meet these people as they chased their targets, giving the impression that people formed crowds spontaneously. But some crowds acted more deliberately. In some cases, colonists resorted to violence only after determining what behavior upset them and then how best to address it. The question becomes, then, simply put, how did colonists learn the mobbing time had come?


Worldview ◽  
1979 ◽  
Vol 22 (7-8) ◽  
pp. 9-12
Author(s):  
Donald Kirk

Ron McLean is a hangover from another era, an aging hippie who still does his hair in a graying pony-tail nearly a decade after he first carried placards and shouted slogans denouncing Japan's support for U.S. policy in Vietnam. For the past eight years of his existence in Japan, though, McLean waged a different kind of crusade—this one against an official ruling that finally forced him to leave the country and return to Hawaii to pursue his academic interest in classical Japanese music.“The government of most countries is intended to protect the rights of the individual,” he said with the didactic air of one who has just discovered a basic truth. “In Japan it's to protect the government.” He was talking in the half light of one of those glittering little coffee shops that purvey a small cup for the equivalent of nearly two dollars and a piece of cake for twice as much.


1943 ◽  
Vol 37 (1) ◽  
pp. 91-97
Author(s):  
Theodore Kraft

Canada has recently instituted a significant war-time fiscal plan. As a federal state, the Dominion has been plagued by the complicated problems of federal finance; and to meet the severe burdens of war finance, it has found it necessary to simplify the federal financial structure. This change has been accomplished by formal agreements between the Dominion and the provinces whereby the latter have agreed to retire from certain fields of taxation for the duration of the war.The agreements do not require amendment of the British North America Act (1867), but they do necessitate abstinence of the provinces from exercising a portion of their authority under it. By the terms of that fundamental law, the provinces are authorized to levy “direct taxation within the province in order to the raising of a revenue for provincial purposes” and “shop, saloon, tavern, auctioneer, and other licenses in order to the raising of a revenue for provincial, local, or municipal purposes.” The Dominion, however, is granted the power to raise revenue by “any mode or system of taxation.” Under this distribution of tax authority, it was natural that various sources should eventually be taxed by both the Dominion and the provinces. By 1940, not only the provinces and the Dominion, but also in some instances municipalities, were levying income and corporate taxes. Inasmuch as the rates varied from province to province and from municipality to municipality, there was inequality of the tax burden throughout the Dominion. In order to secure a maximum of revenue for war purposes, the Dominion government deemed it necessary to tax corporations and incomes at the same rate throughout Canada; and for this reason, the government requested the provinces (and municipalities) to retire from these fields of taxation for the war period.


Author(s):  
Marc A. Flisfeder

In the past year, the Government of Canada has established the Indian Residential Schools (IRS) Truth and Reconciliation Commission (TRC) to address the deleterious effect that the IRS system has had on Aboriginal communities. This paper argues that the TRC as an alternative dispute resolution mechanism is flawed since it focuses too much on truth at the expense of reconciliation. While the proliferation of historical truths is of great importance, without mapping a path to reconciliation, the Canadian public will simply learn about the mistakes of the past without addressing the residual, communal impacts of the IRS system that continue to linger. The Truth and Reconciliation Commission must therefore approach its mandate broadly and in a manner reminiscent of the Royal Commission on Aboriginal Peoples of 1996.


1978 ◽  
Vol 13 (3) ◽  
pp. 326-358 ◽  
Author(s):  
Frances Raday

On two notable occasions in the past two years, it was found necessary to use legislation in order to buttress the potency of general collective agreements. The first of these occasions was when legislation was used to give overriding legal force to a general collective agreement between the Histadrut and the Government incorporating the tax reform recommendations of the Ben Shachar Committee. The second was a similar use of legislation with regard to the general collective agreement between the Histadrut and the Government incorporating the special increments recommendations of the Barkai Committee. The two collective agreements concerned shared one important quality: They both purported to derogate from rights previously enjoyed by employees under existing collective agreements. One of the reasons for legislative intervention to support these agreements was the existence of doubt as to the legal effectiveness of their attempt to derogate from the individual employees' rights.The source of the doubt as to the legal effectiveness of such agreements lies in the existence of two distinct levels at which a collective agreement functions: the collective and the individual levels. At the collective level, conditions are determined by the collective bargaining parties, the employer or employers' organisation on one hand and the employees' organisation on the other; at this level, the collective agreement is a consensual arrangement between the parties to it, the parties fix the terms and have a contractual right to demand their enforcement. The terms fixed at the collective level take effect, however, also at the individual level; the individual employees of an employer bound by the agreement are both bound by the agreement and entitled to enjoy the rights bestowed by the agreement. The Collective Agreements Law gives forceful expression to the effect of the collective agreement's personal provisions at the individual level, giving them immediate and mandatory effect as part of each individual employee's employment contract.


1978 ◽  
Vol 10 (3) ◽  
pp. 257-263 ◽  
Author(s):  
Ged Martin

Selecting a name for the gold rush colony of British Columbia, although apparently trivial, embarrassed the government, threatened to become the focus for a groundswell of opposition to the whole idea of establishing a new colony, and offers a curious sidelight on the role of the Crown.On 24 June 1858 Sir Edward Bulwer Lytton, the Colonial Secretary in Lord Derby's second ministry, wrote to the Queen to inform her that “in consequence of the recent discovery of Gold in the Neighbourhood of Fraser's River, on the Western Coast of British North America, rendering expedient the immediate establishment of Civil Government,” the government had decided “to erect at once a New Colony there.” Parliament had to authorize this, “& it is desirable that the name of the new Colony shall be inserted in the Bill.” Since the measure was to be introduced within a week, the procedure was slapdash. In asking the Queen to select a name, Lytton informed her that explorers had used the name “New Caledonia,” but did point out that the name had been used elsewhere, most notably for “the chief island of the New Hebrides Group in the South Seas where the French have lately signified their intention to form an establishment.” He added that the names New Cornwall and New Hanover had also been applied to parts of the coast by some mapmakers. While the monarch retained a significant role in mid-nineteenth century government, this hardly extended to, acting as a cartographical research institute for the Colonial Office. On 27 June the Queen informed her minister that she had settled on New Caledonia as the most generally accepted name.


Ethnologies ◽  
2016 ◽  
Vol 36 (1-2) ◽  
pp. 63-92 ◽  
Author(s):  
Gerald L. Pocius

Over the past twenty years, what constitutes a culture’s heritage has been debated amongst those responsible for governmental policies, as well as the constituents that governments serve. While heritage has often focused on tangible items – architecture and the material world – recent policies have broadened the focus to include the intangible: knowledge, ideas, performances, beliefs handed down for generations. Many national and international agencies – lead by UNESCO – now have policies and programs that deal with intangible cultural heritage (ICH). Within the Canadian context, the federal government has had differing interpretations of the importance of this type of heritage. Most recently, in spite of initial involvement in its drafting, the Department of Canadian Heritage has decided not to support UNESCO’s new international ICH Convention, which went into force in April, 2006, and now includes more than 160 countries that have ratified it. Historically, provincial governments and NGOs across Canada have been more involved with ICH, and it is here that the most recent initiatives are occurring. The changing stance of the Department of Canadian Heritage on this topic may well be related to specific figures involved, unspoken fears of legal repercussions, and the lobbying of special interest heritage groups.


Traditio ◽  
1969 ◽  
Vol 25 ◽  
pp. 61-86 ◽  
Author(s):  
Glenn Olsen

Much recent scholarship on the period of the Investiture Struggle and the reform of the Church in the eleventh and twelfth centuries has suggested that the origins of these reforms lay not merely in the desire for moral regeneration, but in the conscious wish to return to the antique, Biblical, patristic, and Roman models of the Christian life represented by the early, pre-feudal Church. What modern historians have sometimes called ‘Germanic Christianity’ or ‘feudal Christianity’ was felt to be a pattern of institutions which had at least partly corrupted the life of the early Church. This explains the great concern of the Hildebrandine Party to rid the Church of those abuses which they felt had grown ‘especially since the time when the government of our church passed to the Germans. … But we, having searched out the Roman Order and the ancient custom of our church, imitating the old Fathers, have ordered things to be restored as we have set out above.’ The reaction against the immediate past in favor of a more perfect antique model manifested itself in the notion, expressed throughout the period, that custom must always be judged by natural law and by truth: ‘the Lord said: “I am the Truth.” He did not say: “I am the custom”; but “I am the Truth.” The reformers became impassioned to restore the ancient discipline, to rediscover the ancient laws of the Church, to bring monasticism back to its original purity, and in all this to use what they believed to be the ancient forms of the Christian life as a model by which to compare and criticize the Christianity of their own times. An extensive and varied literature appeared dealing with the problem of what the ancient ideal of the Christian life had been, a literature which began both to speak frequently of the ecclesia primitiva, and to use this idea as a model by which to reform the Church. Often this literature passed beyond the use of the idea of the ecclesia primitiva as a tool of reform to the use of the idea as a basis for the discussion of the more basic problem of what the perfect form of the Christian life had been or should be. In this regard, ‘reform’ signified not only the restoration and reestablishment of the forms of the Christian life of the past, but also the search for the continuing perfection of both the individual and the Church. The nexus of ideas associated with the Augustinian reformatio in melius was in this respect close to the idea of ‘renewal.’ Men not only returned to the forms of the past, but also explored ways of introducing new structures and forms of life into the Church.


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