The Independent June 30 2017 The Independent June 30 2017

Trump & Modi:
The Titans of Hate
See Commentary, Page 5
Vol. 5. Issue 08 June 30 2017
Independent
the
The Diaspora’s Multicultural Voice
Canada at 150...
Country’s leading constitutional scholar takes a look at the Canada that was ... and the Canada that will be
WHAT NEXT, eh?
Trinidad-born Dr. Radhakrish- ern political challenges help augment our civic in light of recent challenges to the courts of the
dian constitutional scholar who processes, guide our public officials and deepen our the pillars of our democratic system.
nan Persaud is a celebrated Cana-
today takes a look at Canada at 150
.. and asks, so what’s next for us
As Canada celebrates 150
knowledge, foster participation in our political
sense of citizenship and national purpose.
Our record of developing a stable, mature and
progressive society is laudable. Confederation es-
statute, but to a constitutional standard. The 1982
United States that an independent judiciary is one of constitutional reform also gave us a domestic
The federal Parliament adopted the first “consti- Constitution, away from the oversight role of the
tutional” civil rights document known as the Bill of
Rights of 1960 under the leadership of Prime Minis-
amending formula and secured the patriation of our
United Kingdom.
In institutional terms, the most important effect
ter John Diefenbaker. However, that Bill of Rights of the entrenched Charter of Rights has been ex-
United Kingdom” as stated in the British North law; moreover, it could be modified or repealed by conduct. This means that courts have been assigned
1867 in 1982). The institutions confirmed by this permanent instrument to safeguard and promote of the other branches of government - the legislative
liamentary and federal system of government, and to the adoption, in 1982, of the Canadian Charter of democratic governance. It is clear that over the for responsible government and a division of powers amendment package. The most important charac- court in the country, the Supreme Court of Canada,
tion of being a self-determining liberal democratic Canada moved a long way toward independence in plicable at both federal and provincial/territorial the Constitution Act, 1867, since 1982 a majority of
ified the powers of the Canadian Parliament (also for trenched. That means that for the first time ever, the
years of Confederation, we should reflect on the key
constitutional achievements that have produced a
healthy, vibrant and fully functioning liberal demo-
cratic state.
We should never take the democratic nature of
our country for granted. Canadians need to be vig-
ilant with respect to the institutions and processes of
whole of its history, Canada has moved in the direc-
state. But the steps that are needed -- in the current
circumstances -- to maintain this state of affairs are
not altogether clear. Developing responses to mod-
tablished the Dominion of Canada and gave us a
“Constitution similar in principle to that of the
America Act of 1867 (renamed Constitution Act,
basic Act include a constitutional monarchy, a par-
the rule of law. This constitutional system provided
(primarily under sections 91 and 92 of the 1867 Act).
1931 through the Statute of Westminster which clar-
Australia and New Zealand). It is also noteworthy
was limited in scope: first, it applied only to federal
a subsequent Parliament. The struggle for a more
panding the role of judicial review of governmental
by the constitution the authority to set aside actions
rights through the constitution continued. This led and executive branches - that judges have deter-
Rights and Freedoms as part of a constitutional the principal constitutional concern of the highest
teristics of the Charter were its national nature – ap-
levels – and especially the fact that it was en-
protection of rights was made subject not only to
mined are in conflict with the Constitution. Whereas
before the Charter was the division of powers under
the cases heard by the Supreme Court has dealt with
the rights of the people under the Charter.
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