POTENTIAL CASES
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Section 24 (1): "Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances."
Documents Related to S. 24:
| Section 28: "Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons."
Documents Related to S. 28: | Section 33 (1): "Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter."
Documents Related to S. 33:
| Documents of General Interest to Case: |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 11 (24 November 1980) | Canada, House of Commons Debates, “Equality of the Sexes”, 32nd Parl, 1st Sess (9 November 1981) | Canada, House of Commons Debates, “Equality of the Sexes”, 32nd Parl, 1st Sess (9 November 1981) | COLLECTION: Special Joint Committee on the Constitution of Canada (1980-1981) |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 12 (25 November 1980) | Canada, House of Commons Debates, “Resolution Respecting Constitution Act”, 32nd Parl, 1st Sess (24 November 1981) | Canada, House of Commons Debates, “Resolution Respecting Constitution Act”, 32nd Parl, 1st Sess (24 November 1981) | COLLECTION: Federal-Provincial Conference of First Ministers on the Constitution (Ottawa: 2-5 November 1981) |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 14 (27 November 1980) | Canada, House of Commons Debates, “Provision Respecting Women’s Rights”, 32nd Parl, 1st Sess (6 November 1981) | Canada, House of Commons Debates, “Provision Respecting Women’s Rights”, 32nd Parl, 1st Sess (6 November 1981) | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 15 (28 November 1980) | Federal-Provincial Conference of First Ministers on the Constitution, Verbatim Transcript [Including Agreement on Constitution] (2-5 November 1981) | Federal-Provincial Conference of First Ministers on the Constitution, Verbatim Transcript [Including Agreement on Constitution] (2-5 November 1981) | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 19 (4 December 1980) | Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 5 (14 November 1980) | Canada, House of Commons Debates, “Resolution Respecting Constitution Act”, 32nd Parl, 1st Sess (20 November 1981) | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 21 (8 December 1980) | Canada, House of Commons Debates, “Establishment of Special Joint Committee of the Senate and House of Commons”, 32nd Parl, 1st Sess (23 October 1980) | Canada, House of Commons Debates, “Recognition of Women’s Rights”, 32nd Parl, 1st Sess (20 November 1981) | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 22 (9 December 1980) | Canada, House of Commons Debates, “Resolution Respecting Constitution Act”, 32nd Parl, 1st Sess (20 February 1981) | Canada, House of Commons Debates, “Recognition of Women’s Rights”, 32nd Parl, 1st Sess (18 November 1981) | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 24 (11 December 1980) | Canada, House of Commons Debates, “Resolution Respecting Constitution Act”, 32nd Parl, 1st Sess (4 March 1981) | Canada, House of Commons Debates, “Mrs. Mitchell—The Constitution—Request for Deletion of Section 33 of Charter”, 32nd Parl, 1st Sess (25 November 1981) | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 26 (15 December 1980) | Canada, House of Commons Debates, “Resolution Respecting Constitution Act”, 32nd Parl, 1st Sess (5 March 1981) | Canada, House of Commons Journals, [Proposed Charter of Rights] 32nd Parl, 1st Sess (20 November 1981) | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 27 (16 December 1980) | Canada, House of Commons Debates, “Resolution Respecting Constitution Act”, 32nd Parl, 1st Sess (20 November 1981) | | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 29 (18 December 1980) | Canada, House of Commons Debates, “Recognition of Women’s Rights”, 32nd Parl, 1st Sess (20 November 1981) | | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 30 (19 December 1980) | Canada, Senate Debates, “Amendments Proposed by Women’s Conference”, 32nd Parl, 1st Sess (17 February 1981) | | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 32 (6 January 1981) | Canada, Senate Debates, “Amendments Proposed by Women`s Conference”, 32nd Parl, 1st Sess (24 February 1981) | | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 34 (8 January 1981) | Canada, House of Commons Debates, “Resolution Respecting Constitution Act”, 32nd Parl, 1st Sess (23 November 1981) | | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 36 (12 January 1981) | Canada, House of Commons Debates, Question Period—The Constitution, 32nd Parl, 1st Sess (16 February 1981) | | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 38 (15 January 1981) | Canada, House of Commons Debates, “Resolution Respecting Constitution Act”, 32nd Parl, 1st Sess (17 February 1981) | | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 46 (27 January 1981) | Canada, House of Commons Debates, “Establishment of Special Joint Committee of the Senate and House of Commons”, 32nd Parl, 1st Sess (6 October 1980) | | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 47 (28 January 1981) | Canada, House of Commons Debates, “Appropriation Act No. 2 (Equal rights of women in the law)”, 32nd Parl, 1st Sess (8 December 1980) | | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 49 (30 January 1981) | Canada, House of Commons Debates, Question Period—The Constitution, 32nd Parl, 1st Sess (16 November 1981) | | |
| Canada, House of Commons Debates, “Recognition of Women’s Rights”, 32nd Parl, 1st Sess (18 November 1981) | | |
| Canada, House of Commons Debates, “Mrs. Mitchell—The Constitution—Request for Deletion of Section 33 of Charter”, 32nd Parl, 1st Sess (25 November 1981) | | |
| Canada, House of Commons Journals, [Proposed Charter of Rights] 32nd Parl, 1st Sess (20 November 1981) | | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 36 (12 January 1981) | | |
| Submission, Canadian Advisory Council on the Status of Women, “Women, Human Rights & the Constitution”, Special Joint Committee on the Constitution of Canada (18 November 1980) | | |
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PAST RULINGS
Date: 2018-04-19
File number: 37398
Citation: R. v. Comeau, 2018 SCC 15, [2018] 1 S.C.R. 342
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| Documents consulted by the S.C.C. | Documents missed in the case |
| UK, HL, “Second Reading”, vol 185 (1867), cols 557-582 | Despatch — November 5, 1861 — Stating that Imperial Government have no objection to Reciprocal Free Trade between B.N.A. Colonies being established |
| Edward Whelan, The Union of the British Provinces (1927) | Prince Edward Island, House of Assembly, Debates and Proceedings: Confederation (28 April 1873) |
| A.T. Galt, “Speech on the Proposed Union of the British North American Provinces” (Delivered at Sherbrooke, 1864). | Prince Edward Island, House of Assembly, Debates and Proceedings: Liquour shipping, Post-Confederation (30 May 1873) |
| Province of Canada, Parliamentary Debates on the Subject of the Confederation of the British North America Provinces, 8th Parl, 3rd Sess, 1865 | British Columbia, Legislative Council: Debate on the Subject of Confederation with Canada (24 March 1870) |
| UK, HC, “Question”, vol 185 (1867), cols 1090-1091 | COLLECTION: Drafts of the British North America Act, 1867 |
| Prince Edward Island Terms of Union (UK) | |
| UK, HL, “British North America Bill [H.L.]”, vol 185 (1867), col 278 | |
| Joseph Doutre, Constitution of Canada. The British North America Act, 1867; Its Interpretation […] (1880) | |
| Prince Edward Island, House of Assembly, Debates and Proceedings: Union of the Colonies (31 March 1865) | |
| Nova Scotia, House of Assembly, Debates and Proceedings: Union of the Colonies (17 April 1865) | |
| Nova Scotia, House of Assembly, Debates and Proceedings: Union of the Colonies (10 April 1865) | |
| John Hamilton Gray, Confederation; Or, The Political and Parliamentary History of Canada […] (1872) | |
| Edward Whelan, The Union of the British Provinces (1865) | |
| “Dépêche Privée à La Minerve”, La Minerve [de Montréal], (1 juillet 1867) | |
| Dominion of Canada, “British Columbia:—Report of the Hon. H.L. Langevin, C.B., Minister of Public Works” in Sessional Papers” [No. 10] (1872) | |
| Dominion of Canada, “British Columbia:—Papers relative to the proposed union with the Dominion of Canada” in Sessional Papers” [No. 18] (1871) | |
| Final Draft of British North America Act (9 February 1867) in Pope p. 212-247 | |
| A.H.F. Lefroy, A Short Treatise on Canadian Constitutional Law (1918) | |
| UK, Report from the Select Committee on the Hudson’s Bay Company (1857) | |
| Dominion of Canada, “Return to an Address of the House of Commons, dated 7th February, 1884 […]”, Sessional Papers [No. 34] (1885) | |
| UK, HC, “(Lords.) [Bill 52.] Committee”, vol 185 (1867), cols 1310-1322 | |
| UK, HC, “Minutes”, vol 185 (1867), col 1443 | |
| UK, HC, “Minutes”, vol 185 (1867), col 1547 | |
| An Act to Amend the Laws relating to the Import of Corn, 1846 (UK) [External Site - Google Books] | |
| An Act to Alter Certain Duties of Customs, 1846 (UK) [External Site - Google Books] | |
| An Act to Enable the Legislatures of Certain British Possessions to Reduce or Repeal Certain Duties of Customs, 1846 (UK) [External Site - Google Books] | |
| An Act to continue the Act for granting a Colonial Duty of Impost for the support of Her Majesty’s Government within this Province, on Flour and Molasses, in certain cases (NS), 1846 [External Site – Canadiana] | |
| An Act to continue the Acts for General Regulation of the Colonial Duties (NS), 1846 [External Site – Canadiana] | |
| An Act imposing Duties for raising a Revenue (NB), 1848 [External Site - BNA Legislative Database] | |
| An Act to provide for the collection and protection of the Revenue of this Province (NB), 1848 [External Site - BNA Legislative Database] | |
| UK, HL, “(No. 9) Third Reading”, vol 185 (1867), cols 1011-1020 | |
| J.E.C. Munro, The Constitution of Canada (1889) | |
| UK, HL, “Committee”, vol 185 (1867), cols 804-807 | |
| UK, Journal of the House of Lords. vol 99 (26 February 1867) at 48. | |
| UK. Journal of the House of Lords, vol 99 (12 March 1867) at 76. | |
| UK, Journal of the House of Lords, vol 99 (29 March 1867) at 139. | |
| Province of Nova Scotia, Assembly Journals, 1869, Appendix 1. | |
| The Globe, July 14, 1866. | |
| “The Local Constitutions”, The Globe (2 August 1866) | |
| “The Local Constitutions”, The Globe (3 August 1866) | |
| An Act imposing Duties for raising a Revenue (NB), 1849 [External Site - BNA Legislative Database] | |
| An Act for the better prevention of illicit Trade (NB), 1848 [External Site - BNA Legislative Database] | |
| Evening Leader, (Toronto). Sept. 30, 1864 | |
| An Act relating to the Trade between the British North American Possessions (NB), 1850 [External Site - BNA Legislative Database] | |
| An Act to continue the several Acts of the prevention of Smuggling (NS), 1846 [External Site – Canadiana] | |
| An Act to Regulate the Importation of Books and to protect the British Author (NS), 1847 [External Site – Canadiana] | |
| An Act in relation to the Trade between the British North America Possessions (NS), 1848 [External Site – Canadiana] | |
| Notation on a letter from the Hon. Bela Flint, Belleville, Nov. 6, 1866. quoted in Archibald Blue, "The Mining Laws of Ontario." Bureau of Mines, Annual Report (1892), p. 223 | |
| An Act Respecting Customs (Canada), 1867 [External Site – Canadiana] | |
| An Act imposing Duties of Customs, with the Tariff of Duties payable under it (Canada), 1867 [External Site – Canadiana] | |
| An Act relating to Trade between the British North American Possessions (NB), 1850 [External Site – BNA Legislative Database] | |
| An Act to alter and amend the Laws imposing Provincial Duties of Customs | |
| An Act to amend the Law relative to Duties of Customs (Province of Canada), 1849 [External Site – BNA Legislative Database] | |
| An Act to facilitate Reciprocate Free Trade between this Province and other British North American Provinces (Province of Canada), 1850 [External Site – BNA Legislative Database] | |
| George Eden Marindin, Letters of Lord Blachford (1896) [External Link - Google Books] | |
| UK, HL, “Second Reading”, vol 215 (15 May 1873), cols 1998-2011 | |
| Great Britain, Parliament, House of Commons, Parliamentary Papers, House of Commons and Command, Volume 65, “Treaty of Commerce Between Her Majesty And The Emperor of the French Jan 23, 1860 | |
| Letter from William McDougall [re the Upper House] to Lord Monck (27 January 1867) | |
| Diary Entry from the 4th Earl of Carnarvon (22 January 1867) | |
| A.G. Doughty “Notes on the Quebec Conference, 1864” in The Canadian Historical Review (1920) | |
| Royal Commission on the Mineral Resources of Ontario, Report, p. 268 [External Site - Archive.org] | |
| Report on the Canadian Goldfields, Robert Bell, chairman (Quebec, 1865). | |
| British North America Bill, London, British Parliamentary Archives (SW I A OPW). Parliamentary staff made handwritten notes on the Bill. | |
| Quebec Resolutions (see page 38 in Pope) | |
| London Resolutions (see Pope in p. 98) | |
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*In progress*
Date: 2014-04-25
File number: 35203
Citation: Reference re Senate Reform, 2014 SCC 32
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| Documents consulted by the S.C.C. | Documents missed in the case |
| Province of Canada, Legislative Assembly, Parliamentary Debates on the Subject of the Confederation of the British North America Provinces, 8th Parl, 3rd Sess, (6 February 1865) | |
| Province of Canada, Legislative Assembly, Parliamentary Debates on the Subject of the Confederation of the British North America Provinces, 8th Parl, 3rd Sess, (8 February 1865) | |
| Province of Canada, Legislative Assembly, Parliamentary Debates on the Subject of the Confederation of the British North America Provinces, 8th Parl, 3rd Sess, (13 March 1865) | |
| Province of Canada, Legislative Council, Parliamentary Debates on the Subject of the Confederation of the British North America Provinces, 8th Parl, 3rd Sess, (13 February 1865) | |
| Province of Canada, Legislative Assembly, Parliamentary Debates on the Subject of the Confederation of the British North America Provinces, 8th Parl, 3rd Sess, (20 February 1865) | |
| Province of Canada, Legislative Assembly, Parliamentary Debates on the Subject of the Confederation of the British North America Provinces, 8th Parl, 3rd Sess, (23 February 1865) | |
| Canada, Minister of Justice, The Amendment of the Constitution of Canada, by Guy Favreau (1965) | |
| Constitutional Conference, Canadian Constitutional Charter (Victoria Charter), 1971 (14-16 June 1971) | |
| Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 53 (4 February 1981) | |
| Canada, House of Commons Debates, “Constitution of the Senate”, 3rd Parl, 1st Sess, (13 April 1874) | |
| Canada, Senate Debates, “Vacancies in the Senate”, 5th Parl, 4th Sess, (3 May 1886) | |
| Canada, House of Commons Debates, “Constitution of the Senate”, 5th Parl, 4th Sess, (14 May 1886) | |
| Canada, House of Commons Debates, “Senate Reform”, 10th Parl, 2nd Sess, (30 April 1906) | |
| Canada, House of Commons Debates, “Constitution of the Senate”, 10th Parl, 4th Sess, (20 January 1908) | |
| Nova Scotia, House of Assembly, Debates and Proceedings: Union of the Colonies (13 April 1866) | |
| New Brunswick, House of Assembly, Reports of the Debates (5 June 1865) | |
| Prince Edward Island, House of Assembly, Debates and Proceedings: Union of the Colonies (31 March 1865) | |
| Continuing Committee of Ministers on the Constitution, Vancouver, British Columbia, July 22-24, 1980. | |
| Inter-Provincial Conference, Proceedings of the Inter-Provincial Conference held at the City of Quebec (20-28 October 1887) | |
| New Brunswick, Legislative Council (16 April 1866) | |
| New Brunswick, House of Assembly, (23 June 1866) | |
| Nova Scotia, House of Assembly, Debates and Proceedings [Confederation] (19 March 1867) | |
| Newfoundland, House of Assembly, March 2, 1869 | |
| Strayer, Barry, “Saskatchewan and the Amendment of the Canadian Constitution” 12 McGill L.J. 443 (1967) | |
| Prince Edward Island, House of Assembly, Debates and Proceedings (8 March 1870) | |
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