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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.

When the Harper government took control of the country in 2006 they started to control and even prevent the free flow of scientific information across Canada, especially the type that highlighted the consequences of industrial development. This was done two ways: through silencing scientists who might speak of this scientific information,

Factors on the collapse of the West Coast fishery•Overfishing•Changes in the Environment/Global Warming•Different agreements/lack of treatiesOverfishingIn the 90's there was an 800,000 tonnes catch per year for salmon. Instead of being over 100 major fish processing plants in British Colombia, there's fewer than 10.Changes in the Environment/Global WarmingThe Pacific Ocean is increasing in temperature due to Global Warming, which there's a possibility of threatening the salmon's habitat. The preferable temperature for salmon is below 7 degrees, so if the water temperatures keep rising, the salmon will move towards the Bering sea because its cooler. Instead of the spawning occurring in British Colombia, it will be in

For over one hundred years the salmon population in the Columbia Basin has been drastically decreasing, due to overfishing and man made obstacles. The Columbia Basin Fish Accords have given a one billion dollar grant to tribes and states for habitat restoration projects. However, the conflict still rages between the native tribes of the area, and the federal government whose roadblocks such as dams prohibit the free flowing rivers that bring salmon back to the spawning grounds. The effort to keep salmon coming back up the river while keeping the dams intact is the struggle that the federal grant hopes to solve.

Dorothy Van der Peet, a member from the Stó:lō nation, was charged for selling the fish obtained under the authority of an Indian fish license. Her conduct was contrary to s. 27(5) the British Columbia Fishery Regulations. During the trial and appeal court processes, Van der Peet has been argued that the custom of selling the fish constituted as an aboriginal right which was protected by s. 35 of the Canadian constitution. Nevertheless, the Supreme Court of Canada (SCC) rejected her argument and ruled that the act of selling fish for money did not constitute as an aboriginal right under the constitution (Van der Peet, 1996).

Since 1971, there has been some important and innovative changes in Atlantic Canadian historiography that has made an impact on our world. One of the greatest landmark’s in Atlantic Canadian history, in my opinion, was the resurgence of treaties rights for the Mi’gmaq and Maliseet nation. Thus, my focus for this essay will be on Mi’gmaq historiography in regards to fishing and treaty rights in the maritimes. There have been three well known fishing disputes in Atlantic Canada, ranging from the 1981 the Listuguj Raid, to the 1999 Supreme Court ruling concerning the Donald Marshall Case, and a year later with the Burnt Church Crisis. All of these historic events are steps for the Mi’gmaq Nation to reclaiming their treaty rights. After over

The conservatives ran on making the government less inscrutable to the public and ensuring a greater degree of liability to the public (para. 6). However, the conservatives soon began implementing contradictory policies and legislation, and in some instances non-legislation (para. 7). The author states the creation of the “Parliamentary Budget office” (para. 7) was laudable, but the subsequent obstruction that occurred countered any benefits from its creation (para. 7). The author goes on to describe several other instances of contradictory legislation in regards to electoral reform, violations of “citizens privacy” (para.7), disregard of “science” (para.7), etc. (para. 7). Furthermore the conservative’s steadfastness in relation to the scope of government was a detriment in some instances such as the “Canada Pension Plan” (para. 9), which had wide support amongst the populace (para. 9). Despite the contradictory nature of the legislation it too was merely one of many reasons for the conservative

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.

Fish and wildlife in Northern Ontario is facing a crisis created by years of mismanagement and hidden agendas of politicians who have little or no clue how to manage this Northern resource. Too often politicians have use this Ministry to win over voters in the large urban centres by making policies that are considered green and trendy.

Transparency in the Canadian Government is being used inefficiently and unfairly. Over many years since Canada has been a country their have been many different censorship laws. Censorship has been included, in film, broadcasting, print, art, and the internet. As years pass the Canadian Government has been lenient towards censorship towards film, broadcasting and the arts. However, with the expansion of technology the Government still censors and denies multiple files and information from the General Public. The Harper Conservative government and CSIS have denied access to multiple government files and even censored out files allowed viewing by the general Public and now Canada has had the most files censored currently in the history of the

Canada 's biggest concern encompasses the degree of power to which the Prime Minister is in possession of, coupled with the matter of proper implementation. Accordingly, a survey conducted by Nanos Research displayed results which state 42 percent of Canadian 's believe that the PM should have less power. In extension, polls attest that concerns regarding too much power within the PM stand considerably higher than concerns within any other section of the government (Clark, 2012). In order to adequately comprehend the troublesome overabundance of power placed upon the Canadian Prime Minister, the following four components are to be understood; the influence of Supreme Court judgments, the responsibility of appointing both cabinet ministers

Since the birth of the Canadian Charter of Rights and Freedoms there is growing scrutiny of the Supreme Court of Canada’s role in the intertwinement law and politics. Individuals are noting that courts under judicial review have the capacity to shape law to meet the evolving needs of society (Sharpe, 2003:1). This paper will analyze the emerging issues witnessed in the study of Canada’s judiciary system. The first issue being explored is the concept of “Judicial Activism”. This paper defines “Judicial Activism” with accordance to Britannica Encyclopaedia online as being a phenomenon in which judges take a direct policy-making role, and seem more than willing to strike down legislative or executive actions. (Roosevelt, 2015:1).

In 2011, three legal and constitutional scholars, Peter Aucoin, Mark D. Jarvis and Lori Turnbull set out to write a book detailing what they believed to be obvious and egregious errors in the way in which the current form of responsible government as it was practiced in the Canadian federal government, fell short of operating within basic democratic parameters. Canada has a system that is based one the Westminster system, in which its the Constitution act of 1867 is influenced by British principles and conventions. “Democratizing the Constitution reforming responsible government” is a book that makes an analysis for the reform of responsible government in Canada. The authors believe that from the unclear rules, pertaining to the role and power of the prime minster foresees for a failing responsible government. In this essay the functions of the government , conventions of the constitution, the a proposal for reform will be addressed.

According to an analysis released in August, 2005, by OpenTheGovernment.org, more and more government information is becoming less and less publicly available. OpenTheGovernment.org is an unprecedented coalition of journalists, consumer and government groups, environmentalists, labor and others united out of a concern for what U.S. News and World Report called a "shroud of secrecy" descending over our local, state and federal governments (Gordon 35). This organization focuses on making the federal government a more open place to make us safer and strengthen the public trust in the government. In its Secrecy Report Card, OpenTheGovernment found that the government spent $7.2 billion last year creating 15.6 million new classified documents and securing accumulated secrets – more than it has for the past decade (1).

To many people are dying due to fishing. Canada has to make fish industries less deadly. Fishing industry has cost about 190 Canadian lives since 2000 and it has to improve its culture of safety, the Transportation Safety Board. The causes of fatalities in the fishing industries is that most fishers decide to fish when the weather is in or is going to be in a bad condition, workers have to fish in those conditions because they need the money or they are behind in their quota for the year. Also, sometimes the vessels do not carry a distress communication device. “In Canada, falling overboard is the second highest cause of fatality in the fishing industry,”. “The safety of fishermen will be compromised until the complex relationship and inter