101 Final Exam

Question 1

utilitarianism

Answer 1

case-by-case analysis that’s opposite to natural rights

Question 2

harm principle

Answer 2

JS Mill - gov’t can’t interfere with activities that don’t harm others

Question 3

organic statute

Answer 3

constitutional law, but not part of the constitution; more easily amended (organic distinguishes from non-const. matters)

Question 4

rules of forming gov’t

Answer 4

Crown has ultimate say; must select person most likely to command conf. as PM; PM resigns on behalf of gov’t; if no prospect of conf., PM must resign

Question 5

rules of resp. gov’t

Answer 5

Crown acts on Minister advice; only MPs (sometimes Senators) as Ministers; collective responsibility (Ministers are a team); Ministers ‘command confidence’; no confidence - resign!

Question 6

reserve powers

Answer 6

GG/guardian of resp. gov’t: appoint PM, dismiss PM if no conf., dissolve Parli/call elections

Question 7

line dep’t/central agency

Answer 7

service (Transportation) vs. policy (Treasury Board)

Question 8

Hansard

Answer 8

record of Parliamentary debate

Question 9

bill stages

Answer 9

first (basic intro); second (purpose); report stage (committee review); third (committee amendments/final passage) - repeat in Senate

Question 10

Standing Order

Answer 10

rule of parliament

Question 11

‘line vote’

Answer 11

three - matter of conf; two - gov position, non conf; one - members free

Question 12

court names

Answer 12

Section 92 (inferior - provincial); Section 96 (superior); Section 101 (special federal - maritime)

Question 13

Judicial Committee of the Privy Council

Answer 13

old British appeal court for Canadian beyond Supreme Court

Question 14

separation of legislative power

Answer 14

Sec 91 (federal powers); Sec 92 (provincial powers); residual power - to federal gov’t

Question 15

disallowance

Answer 15

federal gov can block provincial legislation

Question 16

history of Federalism

Answer 16

quasi Federalism (SJAM - frequent annulment, strong FG); Classic Federalism (courts restore provincial power, Maritime Bank - prov gov NOT subordinate); emerg federalism (wars/Great Dep); cooperative/executive federalism)

Question 17

fiscal federalism

Answer 17

taxation (tax room, direct/ind tax); federal spending (cond/uncond grants); equalization payments

Question 18

Council of the Federation

Answer 18

group of FMs w/out PM (slight dif from FM Conference)

Question 19

Social Union Framework

Answer 19

no new shared cost programs without 7/10 provinces consenting that have 50% or more of pop.

Question 20

Hunter v. Southam

Answer 20

Combines Investigation Act requires 3 criteria per “unreasonable search” provision of charter: warrant, impartial approval, likelihood of search success

Question 21

Section 52

Answer 21

unconstitutional law has no effect

Question 22

reading in

Answer 22

judiciary rewriting laws

Question 23

Canadian Bill of Rights

Answer 23

1960 act that included almost all basic rights but organic statute that couldn’t be used against provincial action

Question 24

notwithstanding clause

Answer 24

5 year renewable immunity from judicial review issued by Parl or prov for a law (Trudeau reluctant, only invoked thrice)

Question 25

Section 1

Answer 25

rights guaranteed, but within reasonable limits

Question 26

court questions for Sec 1

Answer 26

to override a Charter right: means must be non arbitrary; as limited an impact as possible; do ends justify means

Question 27

Oakes test

Answer 27

arrested for hash oil container and implied selling under NA; do they meet cq standards

Question 28

Morgentaler

Answer 28

eliminates existing abortion restriction

Question 29

Quebec v. Ford

Answer 29

gets rid of provision only allowing French signs in Quebec, leads to failure at Meech Lake

Question 30

M v. H

Answer 30

homosexual couples get same rights as heterosexual couples

Question 31

mandate

Answer 31

interpretation that party platform that’s governing has been endorsed by the voters

Question 32

microcosm of representation

Answer 32

Parliament should look like country demographics

Question 33

elections officials

Answer 33

Chief Electoral Officer (nonpartisan head of Elections Canada); Returning Officer (oversees a riding); Deputy Returning Officer (oversees a poll); enumerator (prepares list of voters); scrutineer (party official supervising poll)

Question 34

functions of political parties

Answer 34

recruitment of voters/candidates; financing; interest aggregation; shaping of public policy; education

Question 35

types of parties

Answer 35

brokerage (big tent); ideological (extreme); single issue; protest

Question 36

multiplicity of interest

Answer 36

James Madison’s idea that multiple/many powerful interests should exist so as to not allow one to grow to be too powerful

Question 37

social capital

Answer 37

linked to voter turnout decline by associating with general civic activity decline (clubs/groups/etc)