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Comparative Constitutional Law

Comparative Constitutional Law. Class 10 September 20 2006 Canadian Constitutional Interpretation, Charter of Rights. A September Gale (1921) (Arthur Lismer). Above Lake Superior (1922) (Lawren Harris). Totem Forest (c. 1930) (Emily Carr).

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Comparative Constitutional Law

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  1. Comparative Constitutional Law Class 10 September 20 2006 Canadian Constitutional Interpretation, Charter of Rights

  2. A September Gale (1921) (Arthur Lismer)

  3. Above Lake Superior (1922) (Lawren Harris)

  4. Totem Forest (c. 1930) (Emily Carr)

  5. No. 12 or The Bottled Condor (1942) (Paul-Emile Borduas)

  6. Spirit of Haida Gwaii (1985) (Bill Reid)

  7. Types of Interpretation • Compare to U.S. • Originalism • Unwritten • Progressive Interpretation

  8. Lord Sankey

  9. “Living Tree” Metaphor • Edwards v. A-G Canada [1930] AC 124 • Overturned Supreme Court of Canada decision that s. 24 of British North American Act did not refer to women:The Governor General shall... summon qualified Persons to the Senate; and ... every Person so summoned shall become and be a Member of the Senate and a Senator Specifically the question was whether."

  10. Interpretation • Generous approach • Purposive approach

  11. Crisis Management • Formalism of PC: less centralized model than framers intended • Has this less centralized model fundamentally changed since 1949? • Since 1982? • Has the Supreme Court’s jurisprudence become less formalistic? More creative?

  12. Judicial Creativity • Patriation Reference (1981) • Secession Reference (1998) • Both granted new powers to the provinces in situations of crisis • Manitoba Language Reference (1985)

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