Canada and the Crown


Book Description

Stephen Harper's Conservative government has reversed the trend of its predecessors by giving the Crown a higher profile through royal tours, publications, and symbolic initiatives. Based on papers given at a Diamond Jubilee conference on the Crown held in Regina in 2012, Canada and the Crown assesses the historical and contemporary importance of constitutional monarchy in Canada. Established and emerging scholars consider the Canadian Crown from a variety of viewpoints, including the ways in which the monarch relates to Quebec, First Nations, the media, education, Parliament, the constitution, and the military. They also consider a republican option for Canada. Editors D. Michael Jackson and Philippe Lagassé provide context for the essays, summarize and expand on the issues discussed by the contributors, and offer a perspective on further study of the Crown in Canada. Contributors include Richard Berthelsen, Lieutenant-Colonel Alexander Bolt (Office of the Judge Advocate General), James W.J. Bowden, Stephanie Danyluk (Whitecap-Dakota First Nation), Linda Cardinal (University of Ottawa), Phillip Crawley (CEO, The Globe and Mail), John Fraser (Massey College), Carolyn Harris (University of Toronto), Robert E. Hawkins (University of Regina), Ian Holloway (University of Calgary), Senator Serge Joyal, Nicholas A. MacDonald, Christopher McCreery (Office of Lieutenant Governor of Nova Scotia), J.R. (Jim) Miller (University of Saskatchewan), Peter H. Russell (University of Toronto), David E. Smith (Toronto Metropolitan University), and John D. Whyte (University of Regina).




Canada’s Deep Crown


Book Description

The Crown in Canada has had a profound influence in shaping a country and a constitution that embraces the promotion of political moderation, societal accommodation, adaptable constitutional structures, and pluralistic governing practices. While none of these features themselves originated through legislative or constitutional action, David E. Smith, Christopher McCreery, and Jonathan Shanks propose that all reflect the presence and actions of the Crown. Examining how a constitutional monarchy functions, Canada’s Deep Crown discusses how the legal and institutional abstractions of the Crown vary depending on the circumstances and the context in which it is found. The Crown presents differently depending on who is observing it, who is representing it, and what role it is performing. With a focus on the changes that have taken place over the last fifty years, this book addresses the role of the Crown in dispersing power throughout Canada’s system of government, the function the sovereign, governor general, and lieutenant governors play, and how the demise of the Crown and transition to a new sovereign is likely to unfold.




Canadian Constitutional Conventions


Book Description

This study provides the first comprehensive text offering insight into the nature of the conventional rules that work in the Canadian constitution. Heard deals with the principal conventions governing prerogative powers of the crown, cabinet decision making and administrative behavior, parliament and provincial legislatures, federalism and federal provincial relations, the judiciary, and foreign relations.




The Oxford Handbook of the Canadian Constitution


Book Description

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.




The Oxford Handbook of the Canadian Constitution


Book Description

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.




The Crown and Constitutional Reform


Book Description

The Crown and Constitutional Reform is an innovative, interdisciplinary exchange between experts in law, anthropology and politics about the Crown, constitutional monarchy and the potential for constitutional reform in Commonwealth common law countries. The constitutional foundation of many Commonwealth countries is the Crown, an icon of ultimate authority, at once familiar yet curiously enigmatic. Is it a conceptual placeholder for the state, a symbol of sovereignty or does its ambiguity make it a shapeshifter, a legal fiction that can be deployed as an expedient mask for executive power and convenient instrument for undermining democratic accountability? This volume offers a novel, interdisciplinary exchange: the contributors analyse how the Crown operates in the United Kingdom and the postcolonial settler societies of Canada, Australia, and New Zealand. In doing so, they examine fundamental theoretical questions about statehood, sovereignty, constitutionalism and postcolonial reconciliation. As Queen Elizabeth II’s long reign approaches its end, questions about the Crown’s future, its changing forms and meanings, the continuing value of constitutional monarchy and its potential for reform, gain fresh urgency. The chapters in this book were originally published in a special issue of The Round Table: The Commonwealth Journal of International Affairs.







Canadian Constitutional Law


Book Description




Constitutional Law of Canada


Book Description