Chapter 3 Flashcards
What was the Constitution Act previously known as?
The British North America Act
Which sections divide power between federal and provincial jurisdiction?
Sections 91 and 92
What did the Statute of Westminster do?
It formalized the independence of Canada, freeing them from British interference in legislation
Which province never accepted the Statute of Westminster?
Newfoundland
What does the Canada Act list?
Government enactments
What did the Canada Act remove?
British control on the constitution
What two things were added with the Canada Act?
Charter of Rights and Freedoms
Amending formula for any constitution changes
What was the first attempt to update the constitution?
The Meech Lake Accord
Why did the Meech Lake Accord fail?
The premier of Newfoundland refused to allow his legislature to vote, one member of Manitoba parliament refused to agree because of a lack of communication with indigenous peoples
What was the second attempt to update the constitution?
The Charlottetown Accord
Who opposed the Charlottetown Accord?
BC
When was Nunavut formally recognized?
1999
When was Newfoundland and Labrador renamed?
2001
What did the First Nations Treaty do?
Recognized the rights of the Nisga’a people and allowed them to form a local government
Where are individual rights found?
In the Charter of Rights and Freedoms
What is a preamble?
An introduction to a statute
What is the Rule of Law
The unwritten idea that Parliament is Supreme
Roncarrelli v. Duplessis
Roncarrelli sued Duplessis for removing his lquor licence because he was bailing JWs out of jail, Roncarrelli won, breach of Rule of Law
What section is federal?
91
What section is provincial?
92
What is used to determine what section a law may fall under?
Pith and Substance
Describe key points of the firearm act
Long gun must be federally registered
Went to supreme court
deemed criminal law
Scrapped in 2012 for being too expensive
Which laws are Federal?
Criminal Trade and Commerce Communications Transportation International Treaties First Nations Taxation Penitentiary
Which laws are Provincial?
Criminal Trade and Commerce International Treaties Taxation Natural Resources Prison
What is Paramountcy?
An overlap in legislature, if both laws can not be used, federal is used
