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Ministers Mackay and Blaney to discuss criminal justice legislation

Posted February 26, 2014 by Canada News Centre - National News

The Honourable Peter MacKay, P.C., Q.C., M.P. for Central Nova, Minister of Justice and Attorney General of Canada, and the Honourable Steven Blaney, M.P. for Lévis-Bellechasse (Quebec), Minister of Public Safety and Emergency Preparedness, will discuss criminal justice legislation.

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Integrity of Qalipu Mi’kmaq First Nation to be Protected by Law

Posted February 25, 2014 by Canada News Centre - National News

The Government of Canada introduced Bill C-25, Qalipu Mi’kmaq First Nation Act, in the House of Commons today.

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$12,462 in Fines and Forfeitures for Local Fishers

Posted February 25, 2014 by Canada News Centre - National News

Jason Howell of Old Perlican, Angela Anstey of Summerford, and Ronald Coles of Embree were charged and convicted for offenses under the Fisheries Act during the stewardship cod and commercial crab fisheries.

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Minister MacKay visits YWCA of Moncton

Posted February 21, 2014 by Canada News Centre - National News

Minister of Justice Peter MacKay, accompanied by Member of Parliament for Moncton-Riverview-Dieppe and Parliamentary Secretary to the Minister of Justice Robert Goguen, today visited the YWCA of Moncton, and announced the organization has received fund…

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Sentencing hearing for Retired Petty Officer 2nd Class James Wilks

Posted February 21, 2014 by Canada News Centre - National News

The sentencing hearing for former Canadian Armed Forces medical technician, Petty Officer 2nd Class James Wilks, in relation to sexual assault and breach of trust charges, begins next week. The hearing is open to the media and the public.

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Minister Mackay to make funding announcement

Posted February 20, 2014 by Canada News Centre - National News

The Honourable Peter MacKay, P.C., Q.C., M.P. for Central Nova, Minister of Justice and Attorney General of Canada, joined by Keith Ashfield, M.P. for Fredericton, and Robert Goguen, M.P. for Moncton-Riverview-Dieppe and Parliamentary Secretary to the …

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Minister MacKay and MP Ashfield Announce Federal Government Funding for New Brunswick At- Risk Youth

Posted February 20, 2014 by Canada News Centre - National News

Today, Justice Minister Peter MacKay and Keith Ashfield, M.P. for Fredericton, announced $256,200 in funding to Partners for Youth to support a project that will implement a career development program specifically for youth in custody.

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Youth Justice Fund

Posted February 20, 2014 by Canada News Centre - National News

The Youth Justice Fund was established in 1999 as part of the Youth Justice Renewal Initiative, and provides funding support to projects across Canada. The Youth Justice Fund has a budget of approximately $4.5 million each year.

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Convictions under the Fisheries Act, North Shore

Posted February 18, 2014 by Canada News Centre - National News

Fisheries and Oceans Canada, Quebec Region, has released a list of fishers fined in January 2014, for various offences under the Fisheries Act.

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Convictions under the Fisheries Act, Gaspe-Lower St. Lawrence

Posted February 18, 2014 by Canada News Centre - National News

Fisheries and Oceans Canada, Quebec Region, has released a list of fishers fined in January 2014, for various offences under the Fisheries Act.

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Government of Canada launches on-line consultations to seek views on criminal code prostitution-related offences

Posted February 17, 2014 by Canada News Centre - National News

The Government of Canada today launched a public on-line consultation with Canadians to seek their views and input, to help inform the Government’s response to the Supreme Court of Canada decision in Bedford v. Attorney General of Canada. On December 2…

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Minister Blaney announces a reappointment to the Parole Board of Canada

Posted February 14, 2014 by Canada News Centre - National News

The Honourable Steven Blaney, Minister of Public Safety and Emergency Preparedness, today announced the reappointment of Thomas J. Kaye to the Parole Board of Canada.

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Haiti Medal Parade launches 25th Anniversary of Canadian police in peace operations

Posted February 11, 2014 by Canada News Centre - National News

Today 67 Canadian police officers serving on the UN Stabilization Mission in Haiti (MINUSTAH) received medals in recognition of their peacekeeping service from UN Police Commissioner Luis Miguel Carrilho. Fifteen others received a service numeral for p…

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Convictions under the Fisheries Act, Magdalen Islands

Posted February 10, 2014 by Canada News Centre - National News

Fisheries and Oceans Canada, Quebec Region, has released a list of fishermen convicted of various offences and fined under the Fisheries Act in the Magdalen Islands in January, 2014.

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Commercial fishing boat master sentenced

Posted January 29, 2014 by Canada News Centre - National News

A commercial fishing boat master found guilty for the third time in the past six years of serious offences against the Fisheries Act, was sentenced on November 26, 2013, to six months in prison (concurrent on multiple counts), a $15,000 fine, and a 10-…

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Minister Blaney commends the Toronto Immigration Task Force on arrest from “Wanted by the CBSA List”

Posted January 28, 2014 by Canada News Centre - National News

The Honourable Steven Blaney, Minister of Public Safety and Emergency Preparedness, today recognized members of the Toronto Immigration Task Force following the arrest of Wei Can Xie in Markham, Ontario. Xie is inadmissible to Canada for serious crimin…

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Government funds drug treatment project for youth in conflict with the law

Posted January 23, 2014 by Canada News Centre - National News

Today, on behalf of the Minister of Justice, Peter MacKay, Robert Goguen, Parliamentary Secretary to the Minister, announced $100,000 in funding to support a project that will train front-line community workers and criminal justice personnel from acros…

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Victims of Violence Canadian Centre for Missing Children receives funding to continue advancing victim issues

Posted January 15, 2014 by Canada News Centre - National News

Today, Justice Minister Peter MacKay announced $143,500 in funding for Victims of Violence Canadian Centre for Missing Children.

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Backgrounder: Federal Victims Strategy and Victims Fund

Posted January 15, 2014 by Canada News Centre - National News

The Federal Victims Strategy was created in 2007 and made permanent in 2011. The objective of the Strategy, which is led by the Department of Justice Canada, is to give victims a more effective voice in the criminal justice system.

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CRTC announces that Turf Operations Group has paid a penalty of $200,000 for violating the Unsolicited Telecommunications Rules

Posted January 10, 2014 by Canada News Centre - National News

The Canadian Radio-television and Telecommunications Commission (CRTC) today announced that 1051080 Ontario Inc. has paid a penalty of $200,000 on behalf of itself and certain subsidiaries operating as Weed Man Ottawa, Weed Man Montreal, Weed Man Hamil…

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MP Blaine Calkins to make an announcement related to crime prevention

Posted January 6, 2014 by Canada News Centre - National News

On behalf of the Honourable Steven Blaney, Minister of Public Safety and Emergency Preparedness, Member of Parliament for Wetaskiwin, Blaine Calkins, will make an announcement related to crime prevention.

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Update on appeal of the Scott et al. proposed class action

Posted January 3, 2014 by Canada News Centre - National News

The following was issued today in light of the routine filing of the Government’s legal factum, the latest stage in the ongoing Scott et al. v. Attorney General of Canada proposed class action:

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And Steve Is The Crown-In-Parliament, Too

Posted January 21, 2013 by Anonymous

Today’s news speaks to some fairly basic constitutional ideas:

The Harper government said Monday it will not include Governor-General David Johnston in any future policy discussions with First Nations, further clouding its battle of wills with aboriginal leaders. A spokesperson for the Prime Minister said Monday Stephen Harper will meet with Assembly of First Nations’ National Chief Shawn Atleo “in the coming weeks,” and has no plans to abide aboriginal leaders’ demands for a summit Thursday. “[First Nations people] are very insistent on having the Governor-General there, but the Governor-General says this is a policy matter with the government and that [he] shouldn’t be there,” Andrew MacDougall said. “We agree with that.”

This is interesting stuff. What is a Prime Minister and what is a Governor-General? In his book Federalism and the Constitution of Canada, David E. Smith uses the proper name of one institution the Prime Minister leads: the Crown-in-Parliament. Even though the Glorious Revolution of 1688 changed a lot of the constitutional principles it did not great autonomous spheres of power so much as rearrange the existing ones. As a result, Smith can write:

Sovereignty in a constitutional monarchy rests in the Crown-in-Parliament (or, legislature), except where the subject is the reserve powers (dissolution of Parliament, for instance) that remain as a matter of prerogative in the hands of the Crown’s representative.

So, unless the topic is one reserved to the G.-G., it is a matter of Parliamentary oversight. In section 91 of our Constitution of 1867, part of the division of powers discussion it states “the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,” and then lists a number of topics. It is generally taken that the list serves to distinguish between the Federal level and the Provincial one but the assignment of the classes of subjects is to the Parliament of Canada. Item number 24 in the list is “Indians, and Lands reserved for the Indians.” Later in the constitution it states under the heading “Treaty Obligations” that:

The Parliament and Government of Canada shall have all Powers necessary or proper for performing the Obligations of Canada or of any Province thereof, as Part of the British Empire, towards Foreign Countries, arising under Treaties between the Empire and such Foreign Countries.

Interestingly, as Smith points out in his book, this only means that the Feds have the power to conclude treaties not to implement them. Where the subject matter is not in the list of subject matters assigned to the Federal Parliament, it is up to the Provinces to implement. And, in any event, the power relates to foreign countries. What was the nature of the “in Empire” domestic treaty that the British and then Canada happily signed from East to West as European Canada asserted itself? Mr. Harper is asserting that whatever it is, it is something that section 91(24) assigns to Parliament and he is the head of Parliament. Clearly an argument available to be made. Because he, like the G.-G. represents the Crown in his own way, too.

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