Suchergebnisse

Cover -- Contents -- Preface -- Contributors -- 1. Introduction -- I: The Changing Federal Environment: Initial Observations -- 2. Embracing Imperfection: How Canada Fares in the Comparative Federalism Literature -- 3. The Size of the Federal and Provincial Governments in Canada: Some Quantitative Evidence -- II: The Implications of the 2011 Federal Election -- 4. The West in Canada: Assessing the West's Role in the Post-2011 Federal System -- 5. The Orange Wave: A (Re)Canadianization of the Quebec Electorate? -- 6. Institutional Reform -- III: Health Policy, Economic Federalism: Who Is in Charge? -- 7. Never More than a Step from Paradise: Canadian Provinces and the Public Funding of Health Care Services -- 8. Federalism and Securities Regulation in Canada -- 9. Canadian Federalism and International Trade: A Small Step While Waiting for the Giant Leap -- IV: The Provinces and the North: Growing in Importance? -- 10. Something Old or Something New? Territorial Development and Influence within the Canadian Federation -- 11. On the Relative Neglect of Horizontal Intergovernmental Relations in Canada -- 12. From Old Canada, the New East: Adjusting to the Changing Federal Environment.

Abstract
On July 13, 2013, the Commission for Public Complaints released the Report Following a Public Interest Investigation into the Conduct of RCMP Members in Nova Scotia in Respect to Matters Involving Nicole (Ryan) Doucet. After interviewing all parties involved and reviewing 25 incidences involving Ms. Doucet and Mr. Ryan, the Acting Commissioner, Ian McPhail, concluded the RCMP's policy regarding violence in relationships "was followed at all times." According to The Report, the RCMP did not fail to protect Ms. Doucet. These conclusions, however, seem to be at odds with the evidence presented in The Report. After discussing coercive control and reviewing R. v. Ryan, the paper analyses the Commission's findings to argue that the evidence presented to the Commission clearly illustrates that police ignored Ms. Doucet's repeated pleas for help. The Commissioner missed a real opportunity to review current RCMP policies on domestic violence to bring them in line with current and on-going research on coercive control.

The case of R. v Ryan presented the Supreme Court of Canada with a novel question: may a wife, whose life is threatened by her abusive husband, rely on the defence of duress when she tries to have him murdered? In this article, we argue that by answering this novel question in the negative, the Court missed an opportunity to clarify the nature and scope of the defence of duress in the context of battered and abused women in a principled manner and thereby enhance access to justice and equal benefit of the law. Instead, the Court retreated into a purely formalist doctrinal defence of the boundary separating duress and self-defence. In doing so, the Court not only failed in its responsibility to make the law less unsettled and piecemeal, more coherent, and more just, but it also set back the judicial treatment of battered woman's syndrome by more than a quarter century, harking back to the period prior to the Court's ground-breaking decision in R. v Lavallee.

"In this edition of Canada: State of the Federation, contributors consider whether and to what degree the relationship between the central government and the provincial and territorial governments has changed in the past decade. The authors address three overarching questions. First, is the power base changing in Canada? If so, how are governments responding? Second, what are the implications of the changing environment for the relationships between governments? And third, are there underlying forces - such as economic or technological change, or demands for citizen engagement - that are pushing some provinces and regions to become more assertive in the global environment? The papers are organized into four categories: those that identify and analyze the changing federal environment; those concerned with the implications of the 2011 federal election; those that deal with health policy and economic federalism; and those that explore the growing importance of the North and the changing dynamics among the provinces and the federal government. Among the topics discussed are the impact of a majority government based on a West-Ontario coalition, with Quebec represented primarily by the Opposition, the implications of the trade-off between health care spending and the public financing of other essential public goods, and second-generation trade agreements, such as the Canada-European Union Comprehensive Trade Agreement."--Publisher's website

The process used to select judges of the Supreme Court of Canada has provoked criticism from the start. Some observers argue the process - where the prime minister has unfettered discretion - suffers from a democratic deficit, but there is also disagreement regarding alternative methods of selection. This book explores the institutional features of the Court, whether the existing process used to select judges ought to be reformed, the overall legitimacy of the Court, as well as the selection and appointment processes of Supreme Court justices in other liberal democracies.