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Canada’s Post-Colonial Orphan Province: Cape Breton Island’s Quest for Autonomy
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Christopher Mark Macneill
Alumni at U. Edinburgh School of Law, India.
Abstract
This note examines the substantive merit of Cape Breton Island’s (CBI) sovereignty claims and request for the repeal of the 1820 re-annexation of the Colony of Cape Breton by the Colony of Nova Scotia, pre-Confederation Canada, 1867. The annexation was without the consent of the Governor of the Colony of Cape Breton, nor consent of the residents and without Great Britain’s Privy Council approval. It was clearly an arbitrary and arguably capricious administrative action by the Crown, that was in bad faith and rife for judicial review. Under principles of restorative justice the challenge becomes how to politically and legally re-establish CBI as an independently self-governing entity within the Canadian Confederation, per its Constitution Acts, 1967-1982 .
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 52 - 68
DOI: https://doij.org/10.10000/IJLMH.112209Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2021