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21 Jan 2020, 1:34 pm by Patricia Hughes
It in fact decided a quite narrow question, whether women were “persons” for the purpose of being called to the Senate under section 24 of the Constitution Act, 1867 (then the BNA Act, 1867), something that in itself affected few women. [read post]
6 Sep 2018, 9:30 am by Karen Tani
Via the Canadian Legal History Blog, the Fall 2018 lineup for the Osgoode Society Legal History Workshop:Wednesday September 19: Carolyn Strange, Australian National University: ‘Capital Punishment and Sex Crimes in Canada, 1867-1950’Wednesday October 10: Virginia Torrie, University of Manitoba: ‘Federalism and Farm Debt during the Great Depression’Wednesday October 24: Jim Phillips and Tom Collins, University of Toronto: ‘The Origin of the Division of Powers… [read post]
5 Nov 2017, 6:08 pm by Omar Ha-Redeye
The Canadian constitution also notes special protections for Catholic minorities under s. 93 of the BNA Act, 1867. [read post]
26 Jun 2017, 3:30 am by Rick Hills
Stephen Marche complains in yesterday's Sunday NY Times that "Canada doesn't know how to party," because Canadians are unenthusiastic about celebrating the British North America Act of 1867, the statute that created the modern Canadian state. [read post]
29 Mar 2017, 7:00 am by The BNA Act 1867
”3 The existence of both the House of Commons and the Senate is explicitly identified in the BNA Act.4 This would also require the opening up of the Constitutional Question, getting buy-in from sufficient number of provinces, all of whom would have likely competing requests. [read post]
20 Mar 2017, 7:00 am by The BNA Act 1867
The Initiative essentially turned being a super hero into a self-regulating profession, not unlike lawyer self-regulation in the real world.[12] The potential constitutional issues would come not from Charter rights, but rather from the BNA Act itself. [read post]
2 Mar 2017, 7:00 am by The BNA Act 1867
Quebec abolished it, with federal consent, in 1999.1 The BNA Act guaranteed provinces with separate school systems the right to keep them under section 93.2 Section 93’s wording allows for the abolishment of parallel schools if it is not “prejudicial”, which justified Quebec’s actions.3 A major argument in favour of abolishing the Catholic system is efficiency. [read post]
8 Feb 2017, 7:00 am by The BNA Act 1867
Between 1867 and 1981, courts reviewed legislation primarily to ensure that the Canadian federal system was maintained: that federal Parliament and provincial legislatures enacted laws according to their powers under sections 91 and 92 of the BNA Act, respectively. [read post]
6 Feb 2017, 7:15 am by The BNA Act 1867
Though not directly in concert with the BNA Act, it is evident that culture and politics intertwine. [read post]
18 Jan 2017, 7:00 am by The BNA Act 1867
” Also last semester, we introduced the constitutional division of powers between the federal and provincial governments (sections 91 and 92 of the Constitution Act, 1867). [read post]
21 Nov 2016, 7:00 am by The BNA Act 1867
This jurisdiction includes major criminal trials, divorce, and civil suits over large sums of money.3 The BNA Act allows for the provinces to establish provincial courts underneath the Superior Court.4 The Superior Courts delegate much work to the provincial courts. [read post]
7 Nov 2016, 7:00 am by The BNA Act 1867
The BNA Act grants provinces discretion over court procedure,2 so disclosure could vary greatly between provinces. [read post]
3 Nov 2016, 6:00 am by The BNA Act 1867
Naturally, it may surprise you to discover that the fifteen versions of the British North America Act, 1867 (BNA Act) have no official French version.3 It is understandable that no official French version of the BNA Act is available for the years prior the enactment of The Official Languages Act. [read post]
25 Oct 2016, 7:00 am by The BNA Act 1867
As we’ve discussed previously, the British North America Act [BNA Act] divides powers between the federal and provincial governments.1 Marijuana is currently under federal jurisdiction as part of the Controlled Drugs and Substances Act.2 Why, then, are some provincial leaders such as Ontario’s Kathleen Wynne talking about their visions for how marijuana will be regulated in their jurisdictions? [read post]
17 Oct 2016, 7:00 am by The BNA Act 1867
In the British North America Act [BNA Act], the provincial governments have control over property rights. [read post]