2.1 The Canadian Constitution

Question 1

Sources of Constitutional Law

Answer 1

-The Written Constitution: 1867 BNA Act, Canadian Constitution Act of 1982, Amending Formula

-Customs and Conventions: An unwritten set of rules that help us operate Unwritten Constitutional Principles

-Precedents: A decision that guides the decisions we will make in similar cases in the future.

Question 2

Role of the Courts:

Answer 2

Courts often have to rule on which level of government has jurisdiction over an issue because:

1) The issue didn’t exist at the time of the BNA Act
2) The government plays a different role than originally intended

Question 3

Structure of the Courts!??! 🤔

Answer 3

Supreme Court on top, and Provincial courts at the bottom.

Question 4

Edwards v. A.G of Canada

Answer 4

-Women are considered to be “persons only in terms of pains and penalties, and not rights and privileges.”

-Women could go to jail, but not vote.

1927-1929

Question 5

The Supreme Court

Answer 5

-Created in 1875
-Highest level of court in Canada
-Judiciary may serve until 75
-Supreme Court decisions cannot be appealed.

Question 6

Evolution of Constitution: Westminster 1931

Answer 6

-1931

-Canada was no longer subject to British law and could pass laws that contradicted those of Britain

-Canada could still not amend the BNA Act because federal and provincial governments could not agree on amending formula.

Question 7

Evolution of Constitution: Constitution Act of 1982

Answer 7

-Constitution was patriated (brought home by Prime Minister Trudeau)

-Included an amending formula reached by all provinces except Quebec (wanted veto power to be quirky and different) B-aaaaaka.

-Incorporated the Charter of Rights and Freedoms, entrenching the rights of Canadians

-9 of 10 provinces agreed to the patriation of the constitution with an entrenched Charter of Rights and Freedoms (Quebec disagreed Baaaaaka.)

Question 8

Evolution of Constitution: Meech Lake Accord

Answer 8

-Prime Minister Mulroney tried to get Quebec to sign the constitution by recognizing the province as a distinct society, and giving the provinces more power.

-Its failure led to another independence referendum in Quebec in 1995 where the Anglo forces won by a very slim margin (50.56%)

-Quebec has still not signed the constitution.