Canadian precedent for Royal Assent by Chief Judge when GG not incapacitated
Category: Relationships and Society
Asked by: grthumongous-ga
List Price: $20.00
21 Jul 2005 22:16 PDT
Expires: 20 Aug 2005 22:16 PDT
Question ID: 546481
Canadian precedent for Royal Assent by Chief Judge when GG not incapacitated. As far as I know, in Canada federal legislation is passed by the Commons, then the Senate but it does not become law until it receives "Royal Assent". The Royal Assent is a routine sign-off by the Governor-General. I know that the "GG" spent a weekend in hospital getting a pacemaker installed on July 9 and was released home on July 11. She is not "incapacitated", like in a coma from a stroke. http://cnews.canoe.ca/CNEWS/Canada/2005/07/14/1131879-cp.html Q) Since 1982 Constitution, http://collections.ic.gc.ca/canspeak/english/pet/sp2.htm has the Chief Justice of the (Canadian) Supreme Court ever before given "royal assent" to an Act of Parliament when the GG is clearly *not* incapacitated?
Re: Canadian precedent for Royal Assent by Chief Judge when GG not incapacitated
Answered By: mwalcoff-ga on 31 Jul 2005 02:38 PDT
Hello, It is actually quite common for the governor general to delegate authority to grant royal descent to the Supreme Court. The GG need not be "incapacitated," only "unavailable." Source: Jessica J. Richardson, "Modernisation of Royal Assent in Canada," Canadian Parliamentary Review, Summer 2004: 32. Ordinarily, the chief justice allows one of the other judges on the court to have the honor of signing assent. However, it's not unheardof for a chief justice to do it himself or herself. Antonio Lamer granted assent to bills on June 20, 1996. The governor general was certainly not incapacitated at the time, as he gave speeches on the 13th and 26th of that month. Sources: Parliament of Canada, Hansard, 20 June 1996, p. 4195, http://www.parl.gc.ca/francais/hansard/066_96-06-20/066RA1E.html. Governor General of Canada, "Archived Speeches," http://www.gg.ca/governor_general/leblanc/archive_e.asp I hope this answer meets your needs. If not, please request clarification. Search strategy: Canada hansard ://www.google.ca/search?q=Canada+hansard&sourceid=mozilla-search&start=0&start=0&ie=utf-8&oe=utf-8&client=firefox-a&rls=org.mozilla:en-US:official
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thanks mwalcoff, especially for imparting knowledge from the Hansard. I failed to consider the Hansard.
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