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    R. V. Hauser Case Study

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    While studying the case R. v Hauser, it is clear to see why it is known to be one of the leading constitutional decisions in understanding the workings of Peace, order and good governments in relation to a power struggle of jurisdiction. The whole case surrounds the question on whether the Attorney General, or the Attorney General of Canada should have the power to control the prosecution under the Federal Narcotics Control Act. It is a battle for powers of jurisdiction in regards to the criminal code, and more so the Narcotics Control Act; (NCA), 1961. The Narcotics Act was once Canada’s national drug control statue prior to its repeal in 1996 where the Controlled Drugs and Substance Act took its place. The NCA upheld an international treaty which prohibited the production, and supply of specific drugs; normally narcotics, unless given a licence for specific purposes. The Hauser case set the stage for the procedures involving criminal cases and narcotics for future cases relating to this topic. Much controversy surrounds this case and the verdict given is subject to much criticism, especially seeing that one of the Justices involved had been seen saying “the majority judgment in the Hauser case ought not to have placed the Narcotic Control Act under the residuary power" and that he would have viewed "the Narcotic Control Act as an exercise of the criminal law power." , which contradicts the verdict given. The issues surrounding when and where the provincial level of…

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    Canadian Charter Preamble

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    The preamble to the Canadian Charter of Rights and Freedom states, “Canada is grounded upon principles that recognize the supremacy of God” (Russell 1999). According to Russell (1999), this can also be considered the “God-clause.” The three articles discuss this notion of stating “the supremacy of God” in the preamble of the Canadian Charter. Although the articles have different views about the preamble, I highly agree with Russell’s (1999) article titled, “The Supremacy of God does not belong…

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    The Witness Captain’s log: June 30, 1867. My crew and I were thrown off course after the storm. The Witness lost part of her mast and the mainstay was damaged beyond repair. We began to float aimlessly in the vast Pacific Ocean. I have remained in good spirits despite the damage to my ship. Captain’s log: July 1, 1867. Two of my men became seasick. My first mate Rascal and lookout Skip were hunkered down below, green in the face. I felt a little woozy and laid down as well. I do not normally…

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    A Legal and Ethical Analysis of the Appointment of Supreme Court Justices in the Constitution Act of 1867 The legal and ethical issues regarding the appointment of Supreme Court Justices will be examined within the context of the Constitution Act of 1867. The issue of Judicature (Section VII) in the Constitution defines the role of the governor General in the appointment of Supreme Court Justices under the guidance of the Queen’s government. In recent times, the Prime minister can provide…

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    Quebec Act 1982 History

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    Canada was born on July 1, 1867. As an organized society, Canada existed for thousands of years, the primary similarity of a constitution for Canada was the Royal Proclamation of 1763. The demonstration renamed the northeasterly part of the previous French territory of New France as Province of Quebec, generally coextensive with the southern third of contemporary Quebec. The announcement, which built up a designated pioneer government, was the true constitution of Quebec until 1774, when the…

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    2. Summary of British Columbia; "British Columbia" is a small topic of chapter 2, “Nation Building, 1867-1896" of book "History of the Canadian Peoples" written by Margaret Conrad, Alvin Finkel and Donald Fyson. In the section "British Columbia", the authors are explaining when and how the British Columbia was officially announced as a province of Canada. They are also addressing the problems that the native people, political parties, The government and even the people of other provinces…

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    A. Question: To what extent was Canadian Confederation in 1867 the result of political, economic and social factors beyond the control of the British colonies of North America? B. Thesis: Despite the success of the Great Coalition, and the need for a railway connecting the West and the East, being influential factors that led to Confederation, Canadian Confederation in 1867 most prominently came as a result of the Manifest Destiny ideology of the American people, and the termination of the…

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    Coalition issues debated until 1866 and to the New Brunswick and Nova Scotia through new Coalition resolutions, while Prince Edward and Newfoundland continued choose protest. However, The London Conference led directly to the most important statute in Canadian constitutional history, the British North America Act of 1867. The delegates re-convened in January 1867 and started drafting British North America Act. They agreed that the new country will be called Canada, that Canada East will be…

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    Black codes placed restrictions on the rights of freed blacks in different states including Virginia to to dragged out slavery a little longer. In 1866, Congress proposed the fourteenth amendment to declared all freed people including african americans as citizens and prohibit states from denying their rights as citizens. Congress also passed several of the first civil rights acts to guarantee blacks their rights. One of the acts required former confederates states to hold conventions to write…

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    There were many acts made for Indigenous people in the long list of ways European’s tried to assimilate Indigenous people. The Constitution Act, 1867 was assigned to Parlament Legislative jurisdiction over “Indians and lands reserved for Indians”. Just like other acts this also promoted assimilation. Other commonly know acts were the Gradual Civilizations Act of 1857 and the Gradual Enfranchisement of 1869 which also aimed towards taking away differences between settlers and Aboriginals through…

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