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Gold/Mining/Energy : Winspear Resources -- Ignore unavailable to you. Want to Upgrade?

To: Lorne who wrote (24814)	10/29/1999 6:57:00 PM
From: Tony from Niagara	Read Replies (1) \| Respond to of 26850

Lorne, You say your point was that "in America the congress can't pass a law that is unconstitutional, but in Canada the parliament can". I beg to quibble. Both the American Congress and the Parliament of Canada can and do pass laws which are unconstitutional. When they do, and when they don't, it is up to the courts to determine whether such laws are unconstitutional. As regards the infamous notwithstanding provisions in the Canadian constitution, the conventional wisdom as I understand it is that the power thereby conferred upon the Government of Canada and the Provincial legislatures has withered, or will over time wither, to the same extent that the power to disallow provincial statutes vested in the Government of Canada has withered and become unusable since Confederation. Regards, Tony