The Pogg

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The Pogg

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The Pogg

The facts concerned the religious freedom claim of a small group of Hutterite farmers from some particular colonies in rural Alberta whose understanding of Scriptural principles against graven images took a particularly strict form: they took the view that they could not have their photographs on their driver licences.

The province of Alberta had implemented a universal photo requirement to create a universal facial recognition database and removed an exemption previously granted to these Hutterite farmers that would exclude them from the database, along with the , Albertans who did not have driver licences at all.

While the majority opinion of McLachlin C. C went so far as to suggest that the farmers in question could simply arrange alternative transportation, LeBel J.

Writing against the judgment of McLachlin C. The defence of collective aspects of religious freedom resonating through various parts of LeBel J.

Quebec Attorney General , SCC 12, [] 1 SCR There, McLachlin C. But, in principle, LeBel J. Another, fascinating dimension of LeBel J. In his dissent, he also fosters new thought on the Oakes test for rights limitations, recognizing explicitly some problems in how it had come to be applied over the years.

This thought was also prescient, and further rethinking of the Oakes test has emerged as an arena for ongoing discussion.

Like other great dissents of principle, LeBel J. The debate on this point has focused entirely on the interpretation of s.

But what about s. The POGG power, after all, is a narrow one as I have explained here. Would consultative elections fall within its scope?

Crown Zellerbach Canada Ltd. One is a broad but temporary power of dealing with emergencies. It obviously has no relevance here. Jones was a challenge among other things to the constitutionality of the provisions of the Official Languages Act which entitled people to give evidence in the official language of their choice in judicial and quasi-judicial proceedings before courts and tribunals established by Parliament, and in criminal proceedings in provincial courts.

Still, one constant theme in the POGG case law is that it a power that allows the federal government to act when provinces cannot. After all, between them, Parliament and the provincial legislatures must be able, to quote A.

Well, not exactly. The principle of parliamentary sovereignty must be modified in Canada, not only because of a distribution of legislative powers between two levels of legislatures, but also because some rules, those that belong to the constitution of Canada as a whole, are outside the reach of either of these legislative powers acting alone, though it can of course be modified by constitutional amendment with the requisite level of federal and provincial support.

The whole question here is whether current implicit rule pursuant to which there are no consultative elections of Senate nominees is among these rules.

The fact that its modification does not fit within the recognized categories of the POGG power is, arguably, an indication that it is. EMAIL ADDRESS.

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