Essays on the Constitution : : Aspects of Canadian law and politics / / Frank R. Scott.

• Superior document: Title is part of eBook package: De Gruyter University of Toronto Press eBook-Package Archive 1933-1999
• VerfasserIn: Scott, Frank R. ,
• Place / Publishing House: Toronto : : University of Toronto Press, , [2019]; ©1977
• Year of Publication: 2019
• Language: English
• Series: Heritage
• Physical Description: 1 online resource (440 p.)

Frank Scott's career is unique among Canadians of the century. As a constitutional lawyer, civil libertarian, teacher, and poet, he has helped to shape Canada's national awareness and culture. Comprising some thirty articles and occasional pieces from four decades, this book reflects the achievements of a legal scholar whose interests and concerns have always been in the vanguard of Canadian political thought and closely attuned to practical matters of national policy. Dr. Scott became renowned early in his career as a defender of the civil liberties of persecuted groups, including the Jehovah's Witness in Quebec, the Communists in Toronto, and the interned Japanese of British Columbia. An adamant critic of the constitutional decisions of the Judicial Committee of the Privy Council, which he felt seriously damaged Canadian federalism, he has also explored the constitutional implications of Canada's evolution within the Commonwealth and the changing forces of federal-provincial relations. In recent years his central theme has been the problems of language policy and biculturalism. The essays in this volume provide a remarkably coherent appraisal of constitutional, political, and legal developments in recent Canadian history. Their appeal lies not only in their insights into the form and functioning of Canadian politics, but also in their unity and scope as the work of a man who has been one of the most influential of twentieth-century Canadian political thinkers.

Table of Contents

Frontmatter -- Preface -- Contents -- I. Political Nationalism and Confederation -- II. The Development of Canadian Federalism -- III. The Trial of the Toronto Communists -- IV. Freedom of Speech in Canada -- V. Wade v. Egan: A Case Comment -- VI. Nationalism in French Canada -- VII. The Privy Council and Mr. Bennett's 'New Deal' Legislation -- VIII. Canada's Future in the British Commonwealth -- IX. Section 94 of the British North America Act -- X. Etat fédéral canadien et provinces -- XI. Constitutional Adaptations to Changing Functions of Government -- XII. The End of Dominion Status -- XIII. The Special Nature of Canadian Federalism -- XIV. The Deportation of the Japanese Canadians An Open Letter to the Press -- XV. Duplessis versus Jehovah -- XVI. Canada, Quebec, and Bilingualism -- XVII. The British North America (no. 2) Act, 1949 -- XVIII. Dominion Jurisdiction over Human Rights and Fundamental Freedoms -- XIX. The Redistribution of Imperial Sovereignty -- XX. Centralization and Decentralization in Canadian Federalism -- XXI. Canada et Canada français -- XXII. The Constitutional Background of Taxation Agreements -- XXIII. Areas of Conflict in the Field of Public Law and Policy -- XXIV. The Bill of Rights and Quebec Law -- XXV. Federal Jurisdiction over Labour Relations: A New Look -- XXVI. Expanding Concepts of Human Rights -- XXVII. Canadian Federalism: The Legal Perspective -- XXVIII. Language Rights and Language Policy in Canada -- XXIX Our Changing Constitution -- Selected Bibliography of Other Writings on Canadian Government and Politics -- Index of Cases -- Index of Topics