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Encyclopedia > Disallowance and reservation

In Canadian constitutional law, disallowance and reservation are constitutional powers to reject any bill passed by Parliament or any legislature in Canada on the authority of the Queen of Canada. Before the Statute of Westminster the monarch would be advised to enact this power on the advice of the "Imperial Parliament", however, post-1931 the monarch would be advised by Her Canadian Prime Minister. These powers were used a total of 112 times by the Monarch on the advice of Her Canadian Government to veto provincial legislation. The last law "disallowed" occurred in April 1943 under King George VI of Canada, it was "An Act to Prohibit the Sale of Lands to any Enemy Aliens and Hutterites for the Duration of the War" by the Albertan Legislature. These powers are granted under sections 55 through 57 and 90 of the Constitution Act, 1867. The building of the Supreme Court of Canada, the chief authority on the interpretation of the Constitution of Canada. ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Senate Chamber of Parliament Hill in Ottawa. ... Her Majesty Queen Elizabeth II, Queen of Canada, wearing the Sovereigns insignia of the Order of Canada and the Order of Military Merit The style of the Canadian Sovereign has varied over the years. ... ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons The Right Honourable Michael Martin MP Lord Speaker Hélène Hayman, Baroness Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups (as of May 5, 2005 elections) Labour Party Conservative Party Liberal Democrats... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Prime Minister of Canada (French: Premier ministre du Canada), is the Minister of the Crown who is head of the Government of Canada. ... System of government Canada is a constitutional monarchy as a Commonwealth Realm (see Monarchy in Canada) with a federal system of parliamentary government, and strong democratic traditions. ... Like the two best-known Anabaptist denominations, the Amish and the Mennonites, the Hutterites had their beginnings in the Radical Reformation of the 16th Century. ... The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), constitutes a major part of Canadas Constitution. ...


Early in Confederation these powers were exercised relatively frequently, but soon fell into disuse. Currently, through a constitutional convention, they are regarded as obsolete and without force even though they were never formally eliminated.[1] However, the ability of the Queen of Canada to disallow legislation has never been tested since it was last used in 1943. An attempt was made in 1971 to remove it from the Constitution with the Victoria Charter, but this failed. Prime Minister Pierre Trudeau decided not to remove it with his Constitution Act, 1982. Her Majesty Queen Elizabeth II, Queen of Canada, wearing the Sovereigns insignia of the Order of Canada and the Order of Military Merit The style of the Canadian Sovereign has varied over the years. ... Year 1971 (MCMLXXI) was a common year starting on Friday (link will display full calendar) of the 1971 Gregorian calendar. ... The Victoria Charter was a set of proposed amendments to the Constitution of Canada in 1971. ... “Trudeau” redirects here. ... The Constitution Act, 1982 (Schedule B of the Canada Act 1982 (U.K.)) is a part of the Constitution of Canada. ...

Contents

Reservation

The power of reservation is held by the Governor General of Canada or Lieutenant Governor of a Province. It gives them the authority to refer a bill to the Crown to make a final assessment of the validity of the law. Before the Statute of Westminster the Governor General of Canada would use this power to refer federal legislation to the "Imperial Parliament" or the Provincial Lieutenant Governor would use the prerogative to refer legislation to the Federal Government. However, after Statute of Westminster, the Governor General of Canada could only reserve legislation for the review of the monarch (this has never been done). The Governor General of Canada (French (feminine): Gouverneure générale du Canada or (masculine) Gouverneur général du Canada) is the vice-regal representative in Canada of the Canadian monarch, who is the head of state; Canada is one of sixteen Commonwealth realms, all of which share the... A Lieutenant Governor is a government official who is the subordinate or deputy of a Governor or Governor-General. ... ... The Governor General of Canada (French (feminine): Gouverneure générale du Canada or (masculine) Gouverneur général du Canada) is the vice-regal representative in Canada of the Canadian monarch, who is the head of state; Canada is one of sixteen Commonwealth realms, all of which share the... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons The Right Honourable Michael Martin MP Lord Speaker Hélène Hayman, Baroness Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups (as of May 5, 2005 elections) Labour Party Conservative Party Liberal Democrats... A Lieutenant Governor is a government official who is the subordinate or deputy of a Governor or Governor-General. ... ... The Governor General of Canada (French (feminine): Gouverneure générale du Canada or (masculine) Gouverneur général du Canada) is the vice-regal representative in Canada of the Canadian monarch, who is the head of state; Canada is one of sixteen Commonwealth realms, all of which share the...


The last time a Provincial Lieutenant Governor reserved legislation for the review of the Federal Parliament was 1961 in Saskatchewan. Provincial Lieutenant Governors have used their right of Reservation a total of 112 times, the most being in the province of Manitoba (21 times). A Lieutenant Governor is a government official who is the subordinate or deputy of a Governor or Governor-General. ... Motto: Multis E Gentibus Vires (Latin: The Strength of Many Peoples) Capital Regina Largest city Saskatoon Official languages English Government - Lieutenant-Governor Gordon Barnhart - Premier Lorne Calvert (NDP) Federal representation in Canadian Parliament - House seats 14 - Senate seats 6 Confederation September 1, 1905 (Split from NWT) (9th (province)) Area  Ranked...


Disallowance

The power of disallowance is held by the Crown whereby the monarch reserves the right to nullify any bill passed by the federal or provincial government.


Prime Minister Macdonald exercised his power of disallowance against provincial legislation on a regular basis. By 1911 the practice of disallowing provincial bills became very infrequent; however, it was used in the 1930s by Ernest Lapointe to strike down various Alberta laws during the Social Credit Party of Canada government. Since 1911, disallowance has only be used 17 times. The Prime Minister of Canada, the head of the Canadian government, is usually the leader of the political party with the most seats in the Canadian House of Commons. ... The Right Honourable Sir John Alexander Macdonald, GCB, QC (January 11, 1815 - June 6, 1891) was the first Prime Minister of Canada from July 1, 1867 - November 5, 1873 - and - October 17, 1878 - June 6, 1891. ... Year 1911 (MCMXI) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 13-day-slower Julian calendar). ... Face The 1930s (years from 1930–1939) were described as an abrupt shift to more radical and conservative lifestyles, as countries were struggling to find a solution to the Great Depression, also known in Europe as the World Depression. ... The Right Honourable Ernest Lapointe, PC (October 6, 1876 - November 26, 1941) was a Canadian politician. ... Motto: Fortis et liber(Latin) Strong and free Capital Edmonton Largest city Calgary Official languages English (see below) Government - Lieutenant-Governor Norman Kwong - Premier Ed Stelmach (PC) Federal representation in Canadian Parliament - House seats 28 - Senate seats 6 Confederation September 1, 1905 (split from Northwest Territories) (8th [Province]) Area Ranked... Social Credit (often called Socred for short) is an economic ideology and a social movement which started in the early 1920s. ...


Reference

  • La Forest, "Disallowance and Reservation of Provincial Legislation" (Ottawa: Department of Justice, 1955).

Notes

  1. ^ P.W. Hogg, Constitutional Law of Canada (4th Edition, 1997), at p.120.

See also


Canadian federalism is one of the three pillars of the constitutional order, along with responsible government and the Canadian Charter of Rights and Freedoms. ... The Manitoba Schools Question was a political crisis in Manitoba and more generally in Canada in the late 19th century involving publicly funded separate schools for French and English and the deeper question of whether French would survive as a language or a culture in Western Canada. ... The New Zealand Constitution Act 1852 was the first enactment to grant the colony of New Zealand self-government. ...

Constitution of Canada
v  d  e
Constitution Act, 1867
Division of powers | Peace, order and good government | Criminal law power | Trade and Commerce clause | Works and Undertakings (Declaratory Power) | Property and civil rights | Disallowance and reservation

Canada Act 1982
Constitution Act, 1982
Canadian Charter of Rights and Freedoms | Aboriginal Rights clause | Amending formula

List of Canadian constitutional documents

History of the Constitution
Royal Proclamation of 1763 | Quebec Act | Constitutional Act of 1791 | Act of Union 1840 | British North America Acts | Statute of Westminster 1931
Constitutional debate
Fulton-Favreau formula | Victoria Charter | Meech Lake Accord | Charlottetown Accord | Calgary Declaration | Other unsuccessful amendments
Interpretation of the Constitution
Pith and substance | Double aspect | Paramountcy | Living tree | Implied Bill of Rights | Dialogue principle | Interjurisdictional immunity

  Results from FactBites:
 
Reservation - Wikipedia, the free encyclopedia (196 words)
The term is also used in hospitality, as a reservation for dining in a restaurant at a particular time, or for lodging to hold an opening in an accommodation for a traveler's arrival on a particular day.
Reservations are also made for travel modalities, such as airline and train tickets.
A reservation is a Canadian constitutional power to revoke a law.
  More results at FactBites »

 
 

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