Description : The report Draft Protection Of Charities Bill (HL 108, HC 813) supports the proposal of the Draft Charities Bill to introduce a power for the Charity Commission to issue a statutory warning to a charity as a useful tool that falls in between issuing guidance and the opening of an inquiry. The statutory warning process should include safeguards on the face of the Bill including limiting the circumstances in which a warning could be issued, a requirement on the Commission to issue written notice of a warning to a charity and a reasonable time period for a charity to respond before the warning is formally issued and published.
Description : People are generally aware that legislation is introduced through Bills that are sent to the legislature, usually by the executive, and then passed into law. Few, however, are familiar with the processes that precede the submission of a Bill to the legislature. In fact, what eventually comes to the legislature is the product of long, often laborious processes, which go on for weeks, months and even years. To ensure that the civil servants and others who may be involved in shaping proposals are able to candidly express their views on policies that are being developed and refined, the deliberations on the executive side of government traditionally take place in secrecy. Mainly for that reason, the processes are not well known to the general public and even to some activists who lobby for or against legislation. This book, written by a lawyer who has long experience participating in these processes, gives rare insight into how legislative proposals are conceived, developed and finally written into the law. It also contains easy-to- understand technical information that explains the significance of certain features of statutes. Further, it deals with other matters that follow after enactment including publication, entry into force, application and much more.
Description : In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court's judicial activism. On the contrary, an activist framers' intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister's decision on how to govern with the Charter.
Description : From 1960 to 1982 Barry L. Strayer was instrumental in the design of The Canadian Charter of Rights and Freedoms and the patriation of Canada's Constitution. Here Dr. Strayer shares his experiences as a key legal advisor with a clear, personal voice that yields an insightful contribution to Canadian history and political memoir. He discusses the personal philosophies of Pierre Trudeau and F.R. Scott in addition to his meticulous accounts of the events and people involved in Canada's constitutional reform, and the consequences of that reform, which reveal that it was truly a revolution. This is an accessible primary source for experts and non-specialists interested in constitutional history studies, political history of patriation and The Charter, interpretation of The Charter, and the nature of judicial review.