Henekh "Henry" Morgentaler, was a Jewish Polish-born Canadian physician and pro-choice advocate who fought numerous legal battles aimed at expanding abortion rights in Canada. As a youth during World War II, Morgentaler was imprisoned at the Łódź Ghetto and at the Dachau concentration camp. After the war, Morgentaler migrated to Canada and entered medical practice, becoming one of the first Canadian doctors to perform vasectomies, to insert intrauterine devices, to provide birth control pills to unmarried women, he opened his first abortion clinic in 1969 in Montreal, challenging what he saw as an unjust law placing burdensome restrictions on women seeking abortions. He was the first doctor in North America to use vacuum aspiration and went on to open twenty clinics and train more than one hundred doctors. Morgentaler twice challenged the constitutionality of the federal abortion law, losing the first time, in Morgentaler v R in 1975, but winning the second time, in R v Morgentaler in 1988.
In 2008, Morgentaler was awarded the Order of Canada "for his commitment to increased health care options for women, his determined efforts to influence Canadian public policy and his leadership in humanist and civil liberties organizations." Morgentaler died at the age of 90 of a heart attack. Morgentaler was born in Łódź, about 120 kilometres southwest of Warsaw, to Josef and Golda Morgentaler. Before World War II, Morgentaler's father was active in the General Jewish Labour Bund in Poland. During the German occupation of Poland, a Jewish ghetto in Łódź was created and Jews were not allowed to leave it. Morgentaler's father was killed by the Gestapo, while Henry lived with his mother and younger brother in the Ghetto Litzmannstadt with 164,000 others, his sister had left for Warsaw with her husband before the start of the war. She was incarcerated there at the Warsaw Ghetto, took part in the Warsaw Ghetto Uprising, she was killed at the Treblinka extermination camp. When the Germans raided the Ghetto in Łódź with the help of the Jewish Ghetto Police, the Rosenfarbs and the Morgentalers along with two other families hid in a room with the door concealed by a wardrobe.
After two days in hiding, on August 23, 1942 they were found and deported to Auschwitz concentration camp. The boys never saw their mother again: Golda died at Auschwitz. On August 27, Henry and Abraham were shipped to KL Landsberg, Dachau concentration camp, where they both remained until the end of the war. In February, 1943, Henry was sent to KL Kaufering. By the end of the war he was in sick bay, whence he was liberated by U. S. Army on April 29, 1945. After his release at age 22 Henry weighed just 32 kg, he entered. After a few months there he was moved to a DP Hospital in St. Ottilien, thence with Abraham to Feldafing, a Displaced Persons Camp, in Bavaria. In 1946, Abraham emigrated to the United States. In 1947 Henry made his way to Brussels in Belgium; because they were not in Belgium he and his fiancée, Chava Rosenfarb, were required to emigrate. Chava's sister, Henia Reinhartz, in her Memoir, "Bits and Pieces," described the harsh economic conditions while the family, Henry, lived in Brussels.
One picture shows Henia and their mother wearing coats made from blankets donated by UNRRA. In 1949 Henry and Chava were married, they left Europe in February, 1950, on the S. S. Samaria, sailing to Canada; the couple settled in Montréal. Several months their first child, was born, their second child was Abraham. Henry was, by his own admission, a proud womanizer, their marriage ended in divorce in the mid-1970s. Chava died January 30, 2011. In 1972, Morgentaler ran in the Federal Election in the riding of Saint-Denis as an independent, finishing fourth with 1,509 votes. Morgentaler received his medical education from the Université de Montréal, graduating in 1953. After receiving his Canadian citizenship, he practiced medicine in the east end of Montreal, he started as a general practitioner in 1955 but specialized in family planning, becoming one of the first Canadian doctors to perform vasectomies, to insert intra-uterine devices, to provide birth control pills to unmarried women. On October 19, 1967, he presented a brief on behalf of the Humanist Association of Canada before a House of Commons Health and Welfare Committee, investigating the issue of illegal abortion.
Morgentaler stated. The reaction to his public testimony surprised him: he began to receive calls from women who wanted abortions. Robert Malcolm Campbell and Leslie Alexander Pal wrote, "Henry Morgentaler experienced the law's limitations directly in the supplications of desperate women who visited his Montreal office." Morgentaler's initial response was to refuse: "I hadn't expected the avalanche of requests and didn't realize the magnitude of the problem in immediate, human terms. I answered,'I sympathize with you. I know your problem. If I do help you, I'll go to jail, I lose my practice—I have a wife and two children. I'm sorry, but I just can't!'" For a time he was able to refer the women to two other doctors who did abortions, but they became unavailable. There was no one to whom he could send them, some of them were ending up in the emergency department after amateur abortions, he has said that he felt like a coward for sending them away and that he was shirking his responsibility. In spite of the risks to himself—loss of career, prison for years or for life—h
Canadian federalism involves the current nature and historical development of federal systems in Canada. Canada is a federation with 11 jurisdictions of governmental authority: the country-wide federal Crown and 10 provincial Crowns; each derives its authority from the Canadian Crown and includes the Queen-in-Parliament, the Queen-in-Council, the Queen's Bench. Three territorial governments in the far north exercise powers delegated by the federal parliament, municipal governments exercise powers delegated by the province or territory; each jurisdiction is independent from the others in its realm of legislative authority. Most sectors are under federal jurisdiction or that of the provinces, such as education and healthcare; the division of powers was laid out in the British North America Act of 1867, a key document in the Constitution of Canada. Amendments were made to the Acts of North America and the Constitution Act, 1982; the federal nature of the Canadian constitution was a response to the colonial-era diversity of the Maritimes and the Province of Canada the sharp distinction between the French-speaking inhabitants of Lower Canada and the English-speaking inhabitants of Upper Canada and the Maritimes.
John A. Macdonald, Canada's first prime minister favoured a unitary system; the foundations of Canadian federalism were laid at the Quebec Conference of 1864. The Quebec Resolutions were a compromise between those who wanted sovereignty vested in the federal government and those who wanted it vested in the provinces; the compromise based the federation on the constitution of the British Empire, under which the legal sovereignty of imperial power was modified by the conventions of colonial responsible government, making colonies of settlement self-governing in domestic affairs. A lengthy political process ensued before the Quebec Resolutions became the British North America Act of 1867; this process was dominated by John A. Macdonald, who joined British officials in attempting to make the federation more centralized than that envisaged by the Resolutions; the complex resulting constitution was couched in more centralist terms than intended. As prime minister, Macdonald tried to exploit this discrepancy to impose his centralist ideal against chief opponent Oliver Mowat.
In a series of political battles and court cases from 1872 to 1896, Mowat reversed Macdonald's early victories and entrenched the co-ordinated sovereignty which he saw in the Quebec Resolutions. In 1888, Edward Blake summarized that view: " a federal as distinguished from a legislative union, but a union composed of several existing and continuing entities... not fractions of a unit but units of a multiple. The Dominion is the multiple and each province is a unit of that multiple..." The accession of Wilfrid Laurier as prime minister inaugurated a new phase of constitutional consensus, marked by a more-egalitarian relationship between the jurisdictions. The federal government's quasi-imperial powers of disallowance and reservation, which Macdonald abused in his efforts to impose a centralised government, fell into disuse. During World War I the federal Crown's power was extended with the introduction of income taxes and passage of the War Measures Act, the scope of, determined by several court cases.
The constitution's restrictions of parliamentary power were affirmed in 1919 when, in the Initiatives and Referendums Reference, a Manitoba act providing for direct legislation by way of initiatives and referendums was ruled unconstitutional by the Privy Council on the grounds that a provincial viceroy could not permit "the abrogation of any power which the Crown possesses through a person directly representing it". Social and technological changes worked their way into constitutional authority. In 1926, the King–Byng Affair resulted in a constitutional crisis, the impetus for changes in the relationship between the governor general and the prime minister. Although its key aspects were political in nature, its constitutional aspects continue to be debated. One result was the Balfour Declaration issued that year, whose principles were codified in the Statute of Westminster 1931. It, the repeal of the Colonial Laws Validity Act 1865, gave the federal parliament the ability to make extraterritorial laws and abolish appeals to the Judicial Committee of the Privy Council.
Criminal appeals were abolished in 1933, but civil appeals continued until 1949. The last Privy Council ruling of constitutional significance occurred in 1954, in Winner v. S. M. T. Limited. After that, the Supreme Court of Canada became the final court of appeal. In 1937, Lieutenant Governor of Alberta John C. Bowen refused to give Royal Assent to three Legislative Assembly of Alberta bills. Two would have put the province's banks under the control of the provincial government. All three bills were declared unconstitutional by the Supreme Court of Canada in Reference re Alberta Statutes, upheld by the Judicial Committee of the Privy Council. World War II's broader scope required passage of the National Resources Mobilization Act to supplement the powers in the War Measures Act to pursue the nation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation contains the following information: Court that issued the decision Report title Volume number Page, section, or paragraph number Publication yearIn some report series, for example in England and some in Canada, volumes are not numbered independently of the year: thus the year and volume number are required to identify which book of the series has the case reported within its covers. In such citations, it is usual in these jurisdictions to apply square brackets "" to the year.
The Internet brought with it the opportunity for courts to publish their decisions on websites and most published court decisions now appear in that way. They can be found through many national and other websites, such as WorldLII, that are operated by members of the Free Access to Law Movement; the resulting flood of unpaginated information has led to numbering of paragraphs and the adoption of a medium-neutral citation system. This contains the following information: Year of decision Abbreviated title of the court Decision number Rather than utilizing page numbers for pinpoint references, which would depend upon particular printers and browsers, pinpoint quotations refer to paragraph numbers; the conjunction "versus" is abbreviated to "v" in Commonwealth countries and to "v." in the United States. In common law countries with an adversarial system of justice, the names of the opposing parties are separated in the case title by the abbreviation v—usually written as v in Commonwealth countries and always as v. in the US.
The abbreviation represents the Latin word versus. When case titles are read out loud, the v can be pronounced, depending on the context, as and, versus, or vee. Commonwealth countries follow English legal style: Civil cases are pronounced with and. For example, Smith v Jones would be pronounced "Smith and Jones". Criminal cases are pronounced with against. For example, R v Smith would be pronounced "the Crown against Smith"; the Latin words Rex and versus are all rendered into English. Versus and vee are incorrect. In the United States, there is no consensus on the pronunciation of the abbreviation v; this has led to much confusion about the pronunciation and spelling of court cases: Versus is most used, leading some newspapers to use the common abbreviation vs. in place of the legal abbreviation v. Vee is heard but is not as common. Against is a matter of personal style. For example, Warren E. Burger and John Paul Stevens preferred to announce cases at the Supreme Court with against, and is used by some law professors, but other law professors regard it as an affectation.
During oral arguments in Planned Parenthood v. Casey, the participants demonstrated the lack of consensus by using different pronunciations of v. Solicitor General Ken Starr managed to use all three of the most common American pronunciations interchangeably: Kenneth W. Starr: This is the process of analysis, quite familiar to the Court lengthily laid out by Justice Harlan in his dissent in Poe versus Ullman, adumbrated in his concurring opinion in Griswold against Connecticut.... Well, I think that, the necessary consequence of Roe vee Wade. Legal citation in Australia mirrors the methods of citation used in England. A used guide to Australian legal citation is the Australian Guide to Legal Citation, published jointly by the Melbourne University Law Review and the Melbourne Journal of International Law; the standard case citation format in Australia is: As in Canada, there has been divergence among citation styles. There exist commercial citation guides published by Butterworths and other legal publishing companies, academic citation styles and court citation styles.
Each court in Australia may cite the same case differently. There is presently a movement in convergence to the comprehensive academic citation style of the Australian Guide to Legal Citation published jointly by the Melbourne University Law Review and the Melbourne Journal of International Law. Australian courts and tribunals have now adopted a neutral citation standard for case law; the format provides a naming system that does not depend on the publication of the case in a law report. Most cases are now published on AustLII using neutral citations; the standard format looks like this: So the above-mentioned Mabo case would be cited like this: Mabo v Queensland HCA 23. There is a unique court identifier code for most courts; the court and tribunal identifiers include: Australian Guide to Legal Citation There are a number of citation standards in Canada. Many legal publishing companies and schools have their own standard for citation. Since the late 1990s, much of the legal community has converged to a single standard—formulated in The Canadian Guide to Uniform Legal Citation known as the "McGill Guide" after the McGill Law Journal, which first published it.
The following format reflects this standard: Hunter v Southam, 2 SCR 145. Broken into its component parts, the format is: The Style of Cause is i
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial and federal appellate courts, its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada, except to the extent that they are overridden or otherwise made ineffective by an Act of Parliament or the Act of a provincial legislative assembly pursuant to section 33 of the Canadian Charter of Rights and Freedoms. The creation of the Supreme Court of Canada was provided for by the British North America Act, 1867, renamed in 1982 the Constitution Act, 1867; the first bills for the creation of a federal supreme court, introduced in the Parliament of Canada in 1869 and in 1870, were withdrawn. It was not until 8 April 1875 that a bill was passed providing for the creation of a Supreme Court of Canada. However, prior to 1949, the Supreme Court did not constitute the court of last resort: litigants could appeal to the Judicial Committee of the Privy Council in London.
As well, some cases could bypass the court and go directly to the Judicial Committee from the provincial courts of appeal. The Supreme Court formally became the court of last resort for criminal appeals in 1933 and for all other appeals in 1949; the last decisions of the Judicial Committee on cases from Canada were made in the mid-1950s, as a result of their being heard in a court of first instance prior to 1949. The increase in the importance of the Court was mirrored by the numbers of its members; the Court was established first with six judges, these were augmented by an additional member in 1927. In 1949, the bench reached its current composition of nine justices. Prior to 1949, most of the appointees to the Court owed their position to political patronage; each judge had strong ties to the party in power at the time of their appointment. In 1973, the appointment of a constitutional law professor Bora Laskin as chief justice represented a major turning point for the Court. In this period, appointees either came from academic backgrounds or were well-respected practitioners with several years experience in appellate courts.
Laskin's federalist and liberal views were shared by Prime Minister Pierre Trudeau, who recommended Laskin's appointment to the Court. The Constitution Act, 1982 expanded the role of the Court in Canadian society by the addition of the Canadian Charter of Rights and Freedoms, which broadened the scope of judicial review; the evolution from the Dickson court through to the Lamer court witnessed a continuing vigour in the protection of civil liberties. Lamer's criminal law background proved an influence on the number of criminal cases heard by the Court during his time as chief justice. Nonetheless, the Lamer court was more conservative with Charter rights, with only about a 1% success rate for Charter claimants. Lamer was succeeded as chief justice by Beverly McLachlin in January 2000, she is the first woman to hold that position. McLachlin's appointment resulted in a more centrist and unified Court. Dissenting and concurring opinions were fewer than during the Lamer Courts. With the 2005 appointments of Justices Louise Charron and Rosalie Abella, the court became the world's most gender-balanced national high court, four of its nine members being female.
Justice Marie Deschamps' retirement on 7 August 2012 caused the number to fall to three, however the appointment of Suzanne Côté on 1 December 2014 restored the number to four. After serving on the Court for 28 years, 259 days, McLachlin retired in December 2017, her successor as chief justice is Richard Wagner. The structure of the Canadian court system is pyramidal, a broad base being formed by the various provincial and territorial courts whose judges are appointed by the provincial or territorial governments. At the next level are the provinces' and territories' superior courts, where judges are appointed by the federal government. Judgments from the superior courts may be appealed to a still higher level, the provincial or territorial courts of appeal. Several federal courts exist: the Tax Court of Canada, the Federal Court, the Federal Court of Appeal, the Court Martial Appeal Court of Canada. Unlike the provincial superior courts, which exercise inherent or general jurisdiction, the federal courts' jurisdiction is limited by statute.
In all, there are over 1,000 federally appointed judges at various levels across Canada. The Supreme Court of Canada rests at the apex of the judicial pyramid; this institution hears appeals from the provincial courts of last resort the provincial or territorial courts of appeal, the Federal Court of Appeal, although in some matters appeals come straight from the trial courts, as in the case of publication bans and other orders that are otherwise not appealable. In most cases, permission to appeal must first be obtained from the court. Motions for leave to appeal to the Court are heard by a panel of three judges of the Court and a simple majority is determinative. By convention, this panel never explains why it grants or refuses leave in any particular case, but the Court hears cases of national importance or where the case allows the Court to settle an important issue of law. Leave is granted, meaning that for most litigants, provincial courts of appeal are courts of last resort, but leave to appeal is not required for some cases criminal cases and appeals from provincial references.
A final source of cases is the referral power of the federa
Politics of Canada
The politics of Canada function within a framework of parliamentary democracy and a federal system of parliamentary government with strong democratic traditions. Canada is a constitutional monarchy. In practice, the executive powers is directed by the Cabinet, a committee of ministers of the Crown responsible to the elected House of Commons of Canada and chosen and headed by the Prime Minister of Canada. Canada is described as a "full democracy", with a tradition of liberalism, an egalitarian, moderate political ideology. Far-right and far-left politics have never been a prominent force in Canadian society. Peace and good government, alongside an implied bill of rights are founding principles of the Canadian government. An emphasis on social justice has been a distinguishing element of Canada's political culture. Canada has placed emphasis on equality and inclusiveness for all its people; the country has a multi-party system in which many of its legislative practices derive from the unwritten conventions of and precedents set by the Westminster parliament of the United Kingdom.
The two dominant political parties in Canada have been the Liberal Party of Canada and the Conservative Party of Canada however, the social democratic New Democratic Party has risen to prominence and threatened to upset the two other established parties during the 2011 federal election. Smaller parties like the Quebec nationalist Bloc Québécois and the Green Party of Canada have been able to exert their own influence over the political process. Canada has evolved variations: party discipline in Canada is stronger than in the United Kingdom, more parliamentary votes are considered motions of confidence, which tends to diminish the role of non-Cabinet members of parliament; such members, in the government caucus, junior or lower-profile members of opposition caucuses, are known as backbenchers. Backbenchers can, exert their influence by sitting in parliamentary committees, like the Public Accounts Committee or the National Defence Committee. Canada's governmental structure was established by the British Parliament through the British North America Act, but the federal model and division of powers were devised by Canadian politicians.
After World War I, citizens of the self-governing Dominions, such as Canada, began to develop a strong sense of identity, and, in the Balfour Declaration of 1926, the British government expressed its intent to grant full autonomy to these regions. Thus in 1931, the British Parliament passed the Statute of Westminster, giving legal recognition to the autonomy of Canada and other Dominions. Following this, Canadian politicians were unable to obtain consensus on a process for amending the constitution until 1982, meaning amendments to Canada's constitution continued to require the approval of the British parliament until that date; the Judicial Committee of the Privy Council in Britain continued to make the final decision on criminal appeals until 1933 and on civil appeals until 1949. Canada's egalitarian approach to governance has emphasized social welfare, economic freedom, multiculturalism, based on selective economic migrants, social integration, suppression of far-right politics, that has wide public and political support.
Its broad range of constituent nationalities and policies that promote a "just society" are constitutionally protected. Individual rights and inclusiveness have risen to the forefront of political and legal importance for most Canadians, as demonstrated through support for the Charter of Rights and Freedoms, a free economy, social liberal attitudes toward women's rights, homosexuality, or cannabis use. There is a sense of collective responsibility in Canadian political culture, as is demonstrated in general support for universal health care, gun control, foreign aid, other social programs. Canada has been dominated by two centrist parties at the federal level, the centre-left Liberal Party of Canada and the centre-right Conservative Party of Canada; the predominant Liberals position themselves at the center of the political scale with the Conservatives sitting on the right and the New Democratic Party occupying the left. Five parties had representatives elected to the federal parliament in the 2015 election: the Liberal Party who form the government, the Conservative Party who are the Official Opposition, the New Democratic Party, the Bloc Québécois, the Green Party of Canada.
Type of government Westminster style federal parliamentary democracy within a constitutional monarchy. Administrative divisions Ten provinces and three territories*: Alberta, British Columbia, New Brunswick and Labrador, Northwest Territories*, Nova Scotia, Nunavut*, Prince Edward Island, Saskatchewan, Yukon*. Constitution Westminster system, based on unwritten conventions and written legislation. Legal system English common law for all matters within federal jurisdiction and in all provinces and territories except Quebec, based on the civil law, based on the Custom of Paris in pre-revolutionary France as set out in the Civil Code of Quebec. Suffrage Citizens aged older. Only two adult citizens in Canada cannot vote: the Chief Electoral Officer, the Deputy Chief Electoral Officer; the Governor General abstains due to constitutional convention. Head of state Elizabeth II, Queen of Canada. Viceroy Julie Payette, Governor General of Canada. Head of
The Parti Québécois is a sovereignist and social democratic provincial political party in Quebec, Canada. The PQ advocates national sovereignty for Quebec involving independence of the province of Quebec from Canada and establishing a sovereign state; the PQ has promoted the possibility of maintaining a loose political and economic sovereignty-association between Quebec and Canada. The party traditionally has support from the labour movement, but unlike most other social democratic parties, its ties with organized labour are informal. Members and supporters of the PQ are called "péquistes", a French word derived from the pronunciation of the party's initials; the party is an associate member of COPPPAL. The party has strong informal ties to the Bloc Québécois, the federal party that has advocated for the secession of Quebec from Canada, but the two are not linked organizationally; as with its federal counterpart, the Parti Québécois has been supported by a wide range of voters in Quebec, from large sections of organized labour to more conservative rural voters.
The PQ is the result of the 1968 merger between former Quebec Liberal Party cabinet minister René Lévesque's Mouvement Souveraineté-Association and the Ralliement national. Following the creation of the PQ, the Rassemblement pour l'Indépendance Nationale held a general assembly that voted to dissolve the RIN, its former members were invited to join the new Parti Québécois. The PQ's primary goals were to obtain political and social autonomy for the province of Quebec. Lévesque introduced the strategy of referenda early in the 1970s; the PQ faced its first electoral test in the 1970 provincial election. However, Lévesque was unable to get into the renamed National Assembly. Although it lost one seat in 1973, the decimation of the other parties the Union Nationale, allowed it to become the official opposition though Lévesque was still unable to win a seat. In the 1976 provincial election, the Parti Québécois won government for the first time, taking 71 of the 110 seats available. Lévesque became the Premier of Quebec.
This provided cause for celebration among many French-speaking Quebecers, while it resulted in an acceleration of the migration of the province's Anglophone population and related economic activity toward Toronto. The first PQ government was known as the "republic of professors" because of the large number of scholars in Lévesque's cabinet; the PQ was the first government to recognize the rights of Aboriginal peoples to self-determination, insofar as this self-determination did not affect the territorial integrity of Quebec. The PQ passed laws on public consultations and the financing of political parties, which ensured equal financing of political parties and limited contributions by individuals to $3000. However, the most prominent legacy of the PQ is the Charter of the French Language, a framework law which defines the linguistic primacy of French and seeks to make French the common public language of Quebec, it allowed the advancement of francophones towards management roles, until largely out of their reach.
Despite the fact that 85% of the population spoke French and most of them did not understand English, the language of management was English in most medium and large businesses. Critics, both Francophone and Anglophone, have however criticized the charter for restraining citizens' linguistic school choice, as it forbids immigrants and Quebecers of French descent from attending English-language schools funded by the state; the Parti Québécois initiated the 1980 Quebec referendum seeking a mandate to begin negotiation for sovereignty-association. It was rejected by 60 per cent of voters; the party was re-elected in the 1981 election, but in November 1984 it experienced the most severe internal crisis of its existence. Lévesque wanted to focus on governing Quebec rather than sovereignty, wanted to adopt a more conciliatory approach on constitutional issues; this angered the more ardent sovereigntists, known as durs. Lévesque was forced to resign as a result. In September 1985, the party leadership election chose Pierre-Marc Johnson as his successor.
Despite its social-democratic past, the PQ failed to gain admission into the Socialist International, after the membership application was vetoed by the federal New Democratic Party. The PQ led by Johnson was defeated by the Quebec Liberal Party in the 1985 election that saw Robert Bourassa return as premier; the Liberals served in office for two terms and attempted to negotiate a constitutional settlement with the rest of Canada but with the failure of the Meech Lake Accord and the Charlottetown Accord, two packages of proposed amendments to the Canadian constitution, the question of Quebec's status remained unresolved and the Quebec sovereignty movement revived. The PQ returned to power under the leadership of hardline sovereigntist Jacques Parizeau in the 1994 Quebec election; this saw the PQ win 77 seats and 44% of the vote, on a promise to hold an independence referendum within a year. The following year, Parizeau called the 1995 Quebec referendum proposing negotiations on sovereignty.
Again, the sovereigntists lost the vote. The final count showed 49.42% of voters supported negotiations that could lead to sovereignty. On the night of the defeat, an drained Premier Parizeau stated that the loss was caused by "money and ethnic votes" as well as by the divided votes amongst francophones. Parizeau resigned the next day (as he is alleged to have planned beforehand in
Canadian Bill of Rights
The Canadian Bill of Rights is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain quasi-constitutional rights at Canadian federal law in relation to other federal statutes, it was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had been recognized in the Canadian Common Law. The Canadian Bill of Rights remains in effect but is acknowledged to be limited in its effectiveness because it is a federal statute only, so not directly applicable to provincial laws; as to Canadian federal law, the Bill of Rights has subsequently acquired through judicial interpretation a quasi-constitutional status through the paramountcy doctrine. These legal and constitutional limitations were a significant reason that the Canadian Charter of Rights and Freedoms was established as an unambiguously-constitutional-level Bill of Rights for all Canadians, governing the application of both federal and provincial law in Canada, with the patriation of the Constitution of Canada in 1982.
Since patriation, its usefulness at federal law in Canada is limited to issues pertaining to the enjoyment of property, as set forth in its section 1]—a slightly-broader "life and security of the person" right than is recognized in Section Seven of the Canadian Charter of Rights and Freedoms. In 1947, Saskatchewan passed into law a bill of rights which covered both fundamental freedoms and equality rights. Saskatchewan's Bill of Rights is considered to have had a formative influence on John Diefenbaker, from Prince Albert, Saskatchewan. Thirteen years Diefenbaker introduced the Canadian Bill of Rights, in 1960. In 1948, the General Assembly of the United Nations adopted a Universal Declaration of Human Rights. Civil rights activists in Canada had for some time been advocating for the elimination from Canadian laws of discrimination based on sex, ethnicity and religion. In 1936, four years before being elected to Parliament, John Diefenbaker began drafting his Bill of Rights; as a young boy, he saw injustice first-hand in the form of discrimination against French-Canadians, natives, Métis and European immigrants.
On March 16, 1950, a decade before the Canadian Bill of Rights became law, Diefenbaker a Saskatchewan MP, told a public forum why such a law was needed. Individuals' freedoms of religion, press and association are threatened by the state, he said. A Bill of Rights was needed to take a "forthright stand against discrimination based on colour, creed or racial origin". Diefenbaker advocated for the adoption of a bill of rights during the federal election campaign of 1957. In 1960, as prime minister, Diefenbaker introduced the Canadian Bill of Rights, it was enacted by Parliament; the Canadian Bill of Rights protects numerous rights, most of which were included in the Charter. Examples include: Freedom of speech in Canada and freedom of religion in Canada equality rights The right to life and security of the person, in another section, rights to fundamental justice The right to enjoyment of property, not enshrined in the Charter The right to counsel. Section 2 of the Bill of Rights reads as follows: 2.
Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgement or infringement of any of the rights or freedoms herein recognized and declared, in particular, no law of Canada shall be construed or applied so as to authorize or effect the arbitrary detention, imprisonment or exile of any person. The notwithstanding wording of section 2 is a precursor to the notwithstanding clause of the Charter. While the Bill of Rights is considered only quasi-constitutional because it was enacted as an ordinary Act of the Parliament of Canada, it contains the following provision: 3. Subject to subsection, the Minister of Justice shall, in accordance with such regulations as may be prescribed by the Governor in Council, examine every