Chapter 3 Flashcards
Amending Formula
The procedure that Canada follows to make changes to its Constitution.
7 out of 10 provinces with equal to or greater than 50% of the population.
Bill
Proposed legislation.
Found in the form of an Act (statute law).
Must pass through three readings in both the House of Commons and the Senate when being legislated.
Most often proposed as government or public bill by an MP, sometimes proposed by one who does not hold a cabinet post as a private member’s bill.
Canadian Charter of Rights and Freedoms
The section of the Constitution Act, 1982, which sets out constitutionally protected rights and freedoms.
When being legislated laws must not conflict with that Charter (constitutional status).
Is entrenched in the constitution.
Civil Liberties
Basic rights of individual protected by law.
Freedom of speech.
Freedom to practice whatever religion you like.
Executive Branch
The administrative branch of government that is responsible for carrying out the government’s plans and policies.
Includes the Cabinet (Members of Parliament) and the Prime Minister.
Proposes and guides legislation of bills.
MP’s each have a seat in Parliament representing their riding, they also hold positions of responsibilities (such as critic for/Minister of Justice).
Federal System
A two-level system of governing.
Federal level of government and provincial level of government: both have certain jurisdictional powers.
Government or Public Bill
A bill proposed by an MP in the Cabinet that holds a responsibility.
Intra Vires
The provincial/federal government acts within its jurisdictional power.
Ultra Vires
The provincial/federal government acts beyond its jurisdictional power.
Judiciary
The branch of government that is responsible for the court system of Canada.
Supreme Court of Canada is the highest level of courts in our system consisting of 9 judges.
Below this are three level of provincial courts: the Provincial Court of Appeal, the Superior Court (for serious offenses) and the Provincial Court (for less serious offenses).
Judges act within all 4 parts of Justice and abide by the Canadian Charter of Rights and Freedoms to settle disputes.
Legislative Branch
The branch of government responsible for passing laws.
For a law to be passed, it must go through three readings in Parliament/House of Commons (Lower House) and have a majority vote on it. Then it will be sent to the Senate (Upper House) for a “sober second” look at it for another three readings before being voted upon again and then made official by the Governor General.
In provinces however, there is not Senate so after being sent through their Parliament a law is made official by the Lieutenant-Governor.
Lobby Groups
Groups of individual that intend to change government policies/laws in favor of their cause.
M.A.D.D. (Mothers Against Drunk Driving) and Green Peace are examples of Lobby Groups.
Patriate
To allow a country to have legislative power under the authority of itself.
BNA (British North American) Act gave Canada this power, allowed us to pass our own laws without the approval of Britain.
Repatriating the Constitution would mean to make the Constitution unique and under the power of the now repatriated country.
Principle of Equalization
The part of the Constitution Act, 1982, that stated that all provinces across Canada will have equal access to public services.
Section 36
Equal is relative based on the province: provinces that are less densely populated will be less public services than more densely populated provinces. Equal means that there will be balance between all the provinces.
If one province falters, funds will be sent to them from other provinces to bring their public services back up to standard.
Private Member’s Bill
A bill proposed by a member of Cabinet that does not hold any responsibility over certain aspects of government (not an MP).
Bill will be given to an MP to be proposed and legislated.
Residual Powers
Federal jurisdiction to make laws in legislated areas not assigned to the provinces.
Things such as airports and telecommunications are under the residual power of the Federal government (most often recent technology).
Shared Cost Agreements
Arrangements between the two level of government to share the cost for programs in areas not identified by the BNA Act.
Canada would have to first ask British Parliament for permission to include these powers.
Example: money for health care is provided to the provinces by the federal government. However, the provinces agreed to spend the money according to federally established guidelines.
Statute of Westminster
The constitutional change that gave Canada its sovereign law-making powers.
Passe in 1931.
Before this, Canada would have to ask the British government for permission to pass laws.
Unitary System
A one-level system of governing.
Great Britain: power was centralized in one parliament led by a PM.
