HomeAuthor Archives: Jesse Hartery

Author Archives: Jesse Hartery

The Myth of Sovereign Provincial Legislatures: Canada’s Federal Crown Beyond Provincial Control

Following the adoption of the British North America Act 1867, the Judicial Committee of the Privy Council (the “Privy Council”) went to great pains to give full effect to the written text of the Canadian Constitution. In doing so, it emphasized the sovereignty of the federal and provincial orders of government. While the Supreme Court of Canada (the “Supreme Court”) ...

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Vriend v Alberta Revisited: A Road to Constitutional or Judicial Supremacy?

The Supreme Court of Canada  has on numerous occasions insisted upon the primacy of the written text of the Constitution.[1] In the Reference Re Secession of Quebec, the Supreme Court explained that the recognition of underlying constitutional principles “could not be taken as an invitation to dispense with the written text of the Constitution”. It noted that “[a] written constitution ...

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