Constitution Act

MÉTIS NATION APPLAUDS SUPREME COURT OF CANADA DECISION ON INDIGENOUS CHILDREN, YOUTH AND FAMILIES

Retrieved on: 
Friday, February 9, 2024

As such, the Métis National Council and its Governing Members intervened at the Supreme Court of Canada to ensure the Act was upheld.

Key Points: 
  • As such, the Métis National Council and its Governing Members intervened at the Supreme Court of Canada to ensure the Act was upheld.
  • “We are extremely pleased that the Supreme Court of Canada was unanimous in upholding this forward looking, innovative and reconciliation-based piece of legislation,” said Métis National Council President Cassidy Caron.
  • “I want to applaud the current federal government in advancing the Act with the Métis Nation and other Indigenous peoples.
  • Since 1983, the Métis National Council has been the national and international voice of the Métis Nation within Canada.

What happens if King Charles can no longer perform his duties?

Retrieved on: 
Tuesday, February 6, 2024

King Charles III’s cancer diagnosis will turn minds to the question of what happens if he becomes unable to fulfil his constitutional duties. Buckingham Palace has announced he will continue performing his official paperwork and his weekly meetings with the prime minister throughout his treatment.

Key Points: 


King Charles III’s cancer diagnosis will turn minds to the question of what happens if he becomes unable to fulfil his constitutional duties. Buckingham Palace has announced he will continue performing his official paperwork and his weekly meetings with the prime minister throughout his treatment.
But what happens if he becomes seriously ill? There are three options: counsellors of state, regency and abdication.

Counsellors of state

  • First, King Charles can delegate some or most of his royal functions to counsellors of state, as happens most commonly when he is travelling overseas.
  • Two counsellors of state act jointly in exercising royal powers such as assenting to laws, receiving ambassadors and holding Privy Council meetings.
  • The counsellors of state are the spouse of the sovereign and the next four adults in line of succession to the throne – being Queen Camilla, Prince William, Prince Harry, Prince Andrew and Princess Beatrice.

Regency

  • The sovereign does not control when or for how long a regency occurs.
  • The UK’s Regency Act requires Prince William to be regent, as he is the next adult in line of succession to the crown.
  • The Regency Act does not give the regent powers in relation to realms such as Australia and New Zealand.

Abdication

  • This leads to difficult questions about how an abdication would operate in relation to each of the realms.
  • Abdication would therefore raise difficult questions about whether there needed to be a separate abdication of the King of Australia, to trigger the application of the rules of succession that are now part of Australian law, or whether covering clause 2 of the Constitution, which defines the sovereign by reference to Queen Victoria’s “heirs and successors in the sovereignty of the United Kingdom”, would apply.

Consequences for Australia

  • If King Charles were incapacitated and counsellors of state or a regent were appointed, would this cause any real problem in Australia?
  • The King’s only remaining substantial powers with respect to Australia are the appointment and removal of the governor-general and the state governors.
  • The governor-general’s term is expected to expire in the middle of the year.
  • It would involve each state enacting a law requesting the Commonwealth to enact a law that recognised the authority of a regent to exercise the sovereign’s powers with respect to Australia.


Anne Twomey has received grant funding from the Australian Research Council and occasionally does consultancy work for governments, Parliaments and inter-governmental bodies. She has also written books about the constitutional aspects of the Crown.

Statement in support of Education Jurisdiction Agreements in British Columbia

Retrieved on: 
Thursday, August 10, 2023

Through the conclusion of these self-government agreements, the Participating First Nations now have recognized law-making authority over Kindergarten-Grade 12 education on their lands.

Key Points: 
  • Through the conclusion of these self-government agreements, the Participating First Nations now have recognized law-making authority over Kindergarten-Grade 12 education on their lands.
  • Implementing these Education Jurisdiction Agreements recognizes the First Nations' inherent rights of self-determination and self-government.
  • This year, we have collectively replaced the Education Jurisdiction Framework Agreement (EJFA) to better reflect the changing landscape of education jurisdiction in British Columbia now that Education Jurisdiction Agreements are being implemented by Participating First Nations and FNEA has become operational.
  • The discussions over education jurisdiction in British Columbia have been underway for over 20 years.

CheapOair.ca wishes everyone a Happy Canada Day by sharing the most unique Canadian attractions to visit this holiday

Retrieved on: 
Friday, June 23, 2023

To celebrate, leading online travel agency CheapOair.ca is excited to highlight the most unique Canadian attractions that have earned worldwide attention.

Key Points: 
  • To celebrate, leading online travel agency CheapOair.ca is excited to highlight the most unique Canadian attractions that have earned worldwide attention.
  • Originally called Dominion Day in 1879, the holiday evolved over the next 100 years, as interest increased in Canadian patriotism and related celebrations.
  • Canada Day commemorates the anniversary of the Constitution Act, which consolidated three territories into the single nation of Canada back in 1867.
  • Originally called Dominion Day in 1879, it wasn’t until the 100th anniversary that interest increased in Canadian patriotism and related celebrations.

Canada introduces Bill for Self-Government Treaty with Whitecap Dakota Nation

Retrieved on: 
Monday, June 19, 2023

If passed, Bill C-51 will give effect to A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate, which was co-developed with Whitecap Dakota Nation and received broad support from its members.

Key Points: 
  • If passed, Bill C-51 will give effect to A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate, which was co-developed with Whitecap Dakota Nation and received broad support from its members.
  • This Treaty formally recognizes Whitecap Dakota Nation as an "Aboriginal Peoples of Canada" and affirms their inherent right to self-government under the Constitution Act, 1982.
  • "Our Self-Government Treaty is the first of its kind in Canada, and is the first step in moving forward towards a broader Whitecap Dakota Reconciliation Treaty with Canada.
  • "This Bill marks a major milestone in our work with Whitecap Dakota Nation to bring this Self-Government Treaty to life.

Statement from the Métis Nation of Ontario - Responding to First Nation Attacks on Ontario Métis and Métis Denialism

Retrieved on: 
Monday, June 19, 2023

"Ontario Regional Chief Fox and [MNO President] Belcourt said that they expect the government to live up to its commitment to the constitutionally recognized aboriginal people in Ontario -- the First Nations and the Metis Nation."

Key Points: 
  • Over 30 years ago, the Métis Nation of Ontario (MNO) fought Ontario's denialism of Métis history, existence, and rights in the courts for over a decade.
  • That same year, the MNO and COO jointly lobbied the government for Métis and First Nations rights.
  • It is about recognizing Métis citizenship, Métis elections, Métis governance operations, and Métis child and family services.
  • In the same vein, the Royal Commission on Aboriginal Peoples and Canada have recognized the MNO and Ontario Métis communities.

New stamp pays tribute to First Nations political leader, author and champion of his people, George Manuel

Retrieved on: 
Monday, June 12, 2023

NORTH VANCOUVER, BC, June 12, 2023 /CNW/ - Today at an event in North Vancouver, Canada Post unveiled a commemorative stamp honouring the life and legacy of George Manuel.

Key Points: 
  • NORTH VANCOUVER, BC, June 12, 2023 /CNW/ - Today at an event in North Vancouver, Canada Post unveiled a commemorative stamp honouring the life and legacy of George Manuel.
  • A member of the Neskonlith Indian Band of the Secwepemc Nation in British Columbia, Manuel (1921–89), was an author, astute political strategist and champion of Indigenous Peoples whom many credit with inspiring the modern Indigenous movement in Canada.
  • During a political career that spanned four decades, Manuel dedicated himself to uniting Indigenous Peoples around the world at the local, regional, national and international levels.
  • Co-founder of the Center for World Indigenous Studies, Manuel was nominated three times for the Nobel Peace Prize.

Taking action to ensure all federal laws uphold Aboriginal and treaty rights

Retrieved on: 
Thursday, June 8, 2023

Section 35 of the Constitution Act, 1982 affirms Aboriginal and treaty rights of Indigenous peoples in Canada.

Key Points: 
  • Section 35 of the Constitution Act, 1982 affirms Aboriginal and treaty rights of Indigenous peoples in Canada.
  • Aboriginal rights, also referred to as Indigenous rights, are the collective rights of First Nations, Inuit and Métis as the original peoples of Canada.
  • Treaty rights are rights set out in either a historic or modern treaty.
  • Rather, it would promote a consistent approach by clearly stating that all federal laws (including statues and regulations) are to be interpreted as upholding section 35 Aboriginal and treaty rights.

Prime Minister announces the upcoming retirement of Clerk of the Privy Council and Secretary to the Cabinet Janice Charette

Retrieved on: 
Tuesday, May 30, 2023

OTTAWA, ON, May 30, 2023 /CNW/ - The Prime Minister, Justin Trudeau, today announced the Clerk of the Privy Council and Secretary to the Cabinet, Janice Charette, will retire from the public service, effective June 24, 2023.

Key Points: 
  • OTTAWA, ON, May 30, 2023 /CNW/ - The Prime Minister, Justin Trudeau, today announced the Clerk of the Privy Council and Secretary to the Cabinet, Janice Charette, will retire from the public service, effective June 24, 2023.
  • The Prime Minister congratulated Ms. Charette on her upcoming retirement and thanked her for her nearly 40 year-long career in service of Canada and Canadians, including as the second woman to serve as Clerk of the Privy Council.
  • To honour and recognize her exceptional contribution to public service, Ms. Charette will be appointed as a member of the King's Privy Council for Canada prior to her retirement.
  • The King's Privy Council for Canada was established under the Constitution Act, 1867 to provide advice to the Governor General.

Prime Minister welcomes the appointment of the 46th Speaker of the Senate

Retrieved on: 
Friday, May 12, 2023

OTTAWA, ON , May 12, 2023 /CNW/ - The Prime Minister, Justin Trudeau, today welcomed the appointment of the Honourable Raymonde Gagné, Senator for Manitoba, as the 46th Speaker of the Senate of Canada.

Key Points: 
  • OTTAWA, ON , May 12, 2023 /CNW/ - The Prime Minister, Justin Trudeau, today welcomed the appointment of the Honourable Raymonde Gagné, Senator for Manitoba, as the 46th Speaker of the Senate of Canada.
  • With this appointment, Senator Gagné will be the first female Speaker of the Senate of Canada in 44 years, and the third female Speaker since the creation of the Senate in 1867.
  • Candidate submissions are reviewed by the Independent Advisory Board for Senate Appointments, which provides recommendations to the Prime Minister.
  • The Speaker of the Senate is appointed by the Governor General on the advice of the Prime Minister.