Chapter 11: Constitution

Question 1

What is in Canada’s Constitution?

Answer 1

• BNA Act 1867 and amendments
• British and Canadian statutes (including Manitoba Act)
• Constitution Act 1982: Charter of Rights and Freedoms
• Court Deciscions: Canadian and British
• Constiutional Conventions: “the way things are”

Question 2

BNA Act 1867: Sections 91 & 92

Answer 2

Distribution of Legislative Powers: who is in charge of what - federal and provincial responsabilities

Question 3

What is in the 1982 Constitution?

Answer 3

• Amending Formulas
• Charter of Rights and Freedoms: US-style civil liberties, “updates” 1960 Bill of Rights

Question 4

Notwithstanding Clause

Answer 4

Section 33 of the Charter. It allows the federal government or a provincial legislature to enact legislation to override several sections of the Charter that deal with fundamental freedoms, legal rights and equality rights.

Question 5

Meech Lake

Answer 5

The “Quebec Round”

• Distinct Society for Quebec
• Participation in Supreme Court and Senate appointments
• Provincial control over immigration
• Provincial opting out of funding
• Killed by MB and NF

Question 6

Charlottetown Accord

Answer 6

“Canada Round”

• Disctinct society for Quebec
• Triple E Senate: Elected, Equal distribution, Efficient
• Aboriginal Self-Government
• Devolution to provinces
• Changes to amending formula
• Worker’s rights
• Rights to health care, social services, education
• Environmental protections
• Eventually killed by most provinces

Question 7

Federalism

Answer 7

A political system where there is more than one level of government, they are distinct and separate to each other.

Question 8

Constitution Act 1867

Answer 8

Focused on division of powers

• Part 3: executive power, section 9 declares power in the Queen, Section 13 declares governor general taking advice of Canadian Privy Council
• Part 4: legislative power - Senate, House of Commons
• Part 5: provincial constitutions, lieutenant governor
• Part 6: Division of Powers between federal and provincial
• Part 7: judiciary
• Part 8: division of provincial revenues, debts, assets

Question 9

British and Canadian Statutes

Answer 9

• Statute of Westminister 1931: Canada independent of Britain, no British law applied unless Canada requested it
• Canadian statutes carved out NW territories
• Supreme Court Act: fleshes out provisions of the 1867 Act with the judicial in mind

Question 10

Constitutional Amending Formula (5)

depending on the subject of the amendment

Answer 10

1. unanimous consent of federal & provincial legislatures
2. consent of Parliament & 7 provincial legislatures with at least 50% of pop.
3. consent of Parliament & 1 or more provinces affected
4. consent of Parliament alone
5. consent of provincial legislature alone

Question 11

Constitution Act 1867

Division of Powers

Answer 11

Part 6: core of Canadian federalism

• s.91: federalism in the constitutional sense
• s.92: provincial powers
• s.93: education
• s.95: concurrent powers