Chapter 2 - The Constitution

Question 1

Major Democratic Principles in Canadian Constitution

Answer 1

1. Parliamentary Democracy
2. Federalism
3. Aboriginal Self-Government

Question 2

Parliamentary Democracy

Answer 2

Liberal Democracy, Representative Democracy, Constitutional Monarchy, Responsible Government

Question 3

Aboriginal Self-Government (Important events)

Answer 3

Royal Proclamation 1763 explicitly states this, as did treaties.
Colonialism delegitimized this.

Question 4

Major components of the Canadian Constitution?

Answer 4

Constitutional Laws, Constitutional Conventions, Judicial Opinion

Question 5

Constitutional Laws

Answer 5

1. Royal Proclamation 1763
2. Quebec Act 1774
3. Constitutional Act 1791
4. Act of Union 1840
5. BNA Act 1867
6. Statute Of Westminster 1931
7. Canada Act 1982
8. Constitution Act 1982

Question 6

Constitutional Conventions Examples

Answer 6

Responsible government, prorogation, dissolution, supreme court appointments, cabinet members, reference cases

Question 7

Reference Case

Answer 7

A proceeding initiated by a government to seek the court’s opinion on the constitutionality of legislation.

Question 8

Major Components of 1982 Constitutional Changes

Answer 8

Canada Act (Repatriation of Constitution)
Constitution Act, 1982 (Amending formula into constitution, and charter of rights and freedoms)

Question 9

Amending Formulas

Answer 9

Sections 38, 41-45

Section 38 includes the Parliament plus 7/50 formula for many things.

Question 10

Core of Components of Meech Lake

Answer 10

Distinct Society Clause
Provincial Input on Senate and SCC appointments
Limits on federal spending power
Provincial Vetoes 
Provincial Control over Immigration 
Annual First Ministers' Conferences

Question 11

Core Components of Charlottetown

Answer 11

Canada Clause 
Provincial Input on SCC Appointments
Triple-E Senate
Limits on Federal Spending Power
Enhanced exclusive provincial jurisdiction 
Economic and Social Union
Aboriginal Self-Government

Question 12

Fusion of Powers

Answer 12

Intimate connection between the authority of the executive and the authority of the legislative.

Question 13

Cabinet Solidarity

Answer 13

The understanding that members of the executive remain cohesive and jointly responsible for the government’s undertakings.

Question 14

Ministerial Responsibility

Answer 14

The understanding that ministers remain individually responsible for activities undertaken by staff in their respective departments.

Question 15

Colonialism

Answer 15

The imposition, practice, policy, or belief in the supremacy of European settler institutions over those of Aboriginal groups.

Question 16

Royal Proclamation

Answer 16

A British document setting out the terms of European settlement in North America following the Seven Years’ War.

Question 17

Patriation

Answer 17

The process through which Canadian governments gained the authority to amend the country’s main constitutional documents.

Question 18

Notwithstanding clause

Answer 18

Section 33 of the Constitution Act, 1982, which permits legislatures to pass laws the breach certain rights and freedoms.

Question 19

Parliamentary Supremacy

Answer 19

A doctrine under which legislatures and executives not courts, define key elements of public policy.

Question 20

Reasonable Limits Clause

Answer 20

Section 1 of the charter, which allows governments to pass laws that would otherwise contravene rights and freedoms but which are deemed necessary to protect other democratic norms.

Question 21

Oakes Test

Answer 21

A model employed by the court to weigh the democratic benefits and assess the constitutionality of a law that breaches certain Charter Rights.