POLS 3210 Lecture 7: Week 04-- Lecture 07
Document Summary
Rst 30 years of confederation: most tangible provincial gains through the jcpc. 1880 1896: decided 15/20 federalism issues in favour of provinces. Reversed scc"s broad interpretation of trade and commerce/ pogg, broadened of property and civil rights (92. 13) and local and private nature (92. 16) Pogg: shifted between national concern and national emergency both narrower than the founder"s goals. Sankey bna act planted in canada a living tree capable of growth and expansion within its natural limits. Should not give a narrow and technical construction but rather a large and liberal interpretation. Debate over jcpc"s interpretation of bna act the most signi cant continuing constitutional controversy in canadian history (cairns 1971) Hugely in uential canadian political scientist electoral system, indigenous, charter, jcpc. Article: a defence of the jcpc or at least alternative explanation to academic orthodoxy. Academics hated the jcpc bungling intruders who through malevolence, stupidity, or ine ciency, channeled.