Canadian Magazine Disputes Case Study

Canada as a nation has been striving to characterize itself as more ?Canadian? for decades. This has included numerous struggles and events such as protests, bans, and the creation of the Massey Commission, to encourage national development in the arts, and support major companies like the Canadian Broadcasting Corporation (CBC) and National Film Board (NFB). However, this has not been an easy task for the Canadian government, as major influences from below the border (the United States) have been captivating the Canadian audiences by large. American media has had a momentous revolutionizing effect on Canada, even through efforts made to define Canada with its own cultural identity.

The entrenchment of rights in the Canadian Constitution comes after long experience with a system of parliamentary supremacy. The American judicial tradition of treating the written constitution as fundamental law cannot have an instant Canadian counterpart. Thus, it does not follow that the Canadian courts will necessarily claim a role comparable to that of courts in the United States, nor is it clear that the representative bodies in Canada would tolerate such a judicial assertion of power. Opposition by government bodies to the Charter have already occurred in Canada, where the Parti Quebecois government of Quebec invoked the “notwithstanding the Canadian Charter of Rights and Freedoms” clause for the purpose of protecting their language laws from attack under the charter. This report will attempt to note some of the common and distinctive features of the text of the two constitutions as well as to how they differ.

Canada and the United States are noted for their alternative attitudes toward authority and law. While the United States is more self-centered, who values independence and achievements of one’s self, Canada depends on

The freedom and right to be able to freely express thoughts, opinions, and concerns are critical in the efficiency and fluency of American and Canadian democracy. With such a large and vast nation, there is bound to be a parallel in size of diverse thinking and perspective. In order to properly and directly voice these opinions,there needs to be a type of media to do so with. In her 1854 editorial, Mary Ann Shadd Cary goes on to discuss the importance of one particular form of media; the newspaper. Cary is able to explain that need for expression of opinion through media, the need for “colored canadians” to specifically have their own paper, and that need to inform misinformed citizens on Canada’s issues through her own style of diction to

It’s a pretty standard sociological equation that Canada has mastered. Free market proponents seem to think that if Canadians want US media, they shouldn’t have a legal choice, and should be forced to accept the violence and crime that seems to follow it. The argument goes that it should be an individual’s choice to view these things and they should also have the decisiveness and discernment to know what is acceptable in society, which makes sense, however, Western influence has a tendency to flood markets without leaving much of a choice in how to make such a decision. Thus, those who would wish to avoid such smut would be forced to see it every time they leave the house as we are here in the

The supreme court of Canada has overruled numerous laws put forward by the Harper government. In 2010, former Prime Minister Stephen Harper was opposed to the Vancouver Eastside supervised injection site. Stephen Harper took a conservative approach to the issue, he said that “we as a government will not use taxpayer’s money to fund drug use” (Rachlis, 2010). The Prime Minister did not recognize the potential benefits to Canadian society as he focused on budgeting, without recognizing the benefit to public welfare that would reduce disease, death and have a rehabilitative effect on participants of the program. Judicial decisions play an influential role in the provisions of the Constitution because their interpretation is essential to understanding and employing it. In this essay I will argue that the traditional role of the judges has evolved into having a determinative function of law, that allows judges to uphold citizen’s rights and preserve justice in Canada. Through analyzing judicial review, I will demonstrate how judge’s role is much more than an interpretation of law through exploring the idea of Charter proofing, integrating public opinion in decisions, production of common law and judicial activism that serve in creating a climate that is adaptive to new issues that may arise and free from arbitrary rule.

Another attack at the French Canadian heritage came in the form Pierre Trudeau's 'Just Society' ideology. Trudeau had promised René Levesque that that separate nationwide referendums in order to amend both, the Constitution, and the Charter of Rights and Freedoms8. However, Trudeau went back on his word to Levesque, and decided to make amendments with the other provinces without the input of Quebec9. Through the personal actions of Trudeau towards Quebec, he made a very unjust decision, as he did not keep his initial promise to Levesque, in which he said he would discuss amendments with Levesque as well. By creating several agreements with the other provinces, ensuring a majority over Quebec, he displayed the traits of an unjust society. Trudeau`s poor decision came at the expense of French Canadian heritage, as their needs were not met. In conclusion, the threat to French Canadian heritage played an important role in the needs of French Canadians not being met.

The story of the Canadian Constitution is a long and rocky one. It began in 1864 during the Charlottetown conference in 1864, lead to the implementation of the British North America Act in 1867, before finally being patriated in Canada in 1982 (Dodek 2013, 21, 28). However, it was patriated without the signature of Quebec, putting the future of Canada in peril. Future attempts to open the constitution were messy, and ultimately failures, but there are still some who think Canada should give one more kick at the can (Dodek 2013, 31). The paper will argue that Canada as a country should not re-open the constitution.

The Canadian Charter of Rights and Freedoms, implemented in 1982 outlines the rights and freedoms that Canadians have as citizens of this country. In this paper I will ask whether we need such a charter, whether we can trust the interpretation of the Charter by the Supreme Court and how the Charter balances power in a democratic way. I will then contemplate the foundational place morality holds in the lawmaking process. In all of this I argue that to make a good law one must hold to a moral standard and one must act in the understanding that belief, and not objectivity, plays the main role in rational thought.

I think there is fairness in extra levy for foreign magazines to subsidize local publication because, the foreign magazine

The Supreme Court of Canada uses the Canadian Charter of Rights and Freedoms to limit the scope of legislation and administrative power by implementing section one of the charter; which results in an open dialogue between the government and the courts on various legislation deemed unconstitutional. In this essay I will discuss the extent in which section one of the Canadian Charter allows the Supreme Court of Canada to dictate legislation, how they go about narrowing legislation and administrative power through the Oaks test, and the history of the Supreme Court from 1982 – present day will be analyzed resulting in an understanding of the legitimacy the courts play with such a role.

Canada is considered to be a cultural mosaic, where all cultures are embraced opposed to a melting pot where it is expected to adopt one culture. Government regulated media is more favourable than policies based off of self-regulated solutions when addressing Canada’s media industries and cultural needs. Canadians place importance on national identity and without government regulated policies, the content in the media would have minimal Canadian information. According to the Aird Commission, when Canada’s media was operating through private enterprise, many stations expressed conflicting content, however, with state regulated media, broadcasting allows the nation to have a unified vocation. One unified message being sent to the nations citizens is more beneficial than multiple broadcasts on differentiated and insignificant information.

Canadian Political Culture, in a nation- state context, can be break down as beliefs and attitudes that Canadian have of political objects( Jackson, Politics in Canada.1994).

One of the major reasons that Canada needs public broadcasters to enhance democracy is because Canadians are heavily influenced by the media. One of the arguments against this notion is that Canada as a nation has been able to retain democracy before the introduction of media, according to Attallah (2008) there is no need for public broadcasting because democracy was able to thrive prior to the introduction of media (p.1). Attallah, however, has neglected the fact that the Canadian society like every other active society is forever evolving and changing. As we move into an era where the media plays a major role, it is imperative that our way of thinking about the society evolves as well. This means that though the nation was able to thrive without public broadcasting 2000 years ago, this is not the case now.

Q.2: To what extent do you think the government of Canada was pressured to seek to protect its market because of the financial interests of the Canadian magazine industry?