Chapter 3 Flashcards

1
Q

What was the Constitution Act previously known as?

A

The British North America Act

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2
Q

Which sections divide power between federal and provincial jurisdiction?

A

Sections 91 and 92

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3
Q

What did the Statute of Westminster do?

A

It formalized the independence of Canada, freeing them from British interference in legislation

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4
Q

Which province never accepted the Statute of Westminster?

A

Newfoundland

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5
Q

What does the Canada Act list?

A

Government enactments

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6
Q

What did the Canada Act remove?

A

British control on the constitution

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7
Q

What two things were added with the Canada Act?

A

Charter of Rights and Freedoms

Amending formula for any constitution changes

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8
Q

What was the first attempt to update the constitution?

A

The Meech Lake Accord

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9
Q

Why did the Meech Lake Accord fail?

A

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

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10
Q

What was the second attempt to update the constitution?

A

The Charlottetown Accord

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11
Q

Who opposed the Charlottetown Accord?

A

BC

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12
Q

When was Nunavut formally recognized?

A

1999

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13
Q

When was Newfoundland and Labrador renamed?

A

2001

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14
Q

What did the First Nations Treaty do?

A

Recognized the rights of the Nisga’a people and allowed them to form a local government

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15
Q

Where are individual rights found?

A

In the Charter of Rights and Freedoms

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16
Q

What is a preamble?

A

An introduction to a statute

17
Q

What is the Rule of Law

A

The unwritten idea that Parliament is Supreme

18
Q

Roncarrelli v. Duplessis

A

Roncarrelli sued Duplessis for removing his lquor licence because he was bailing JWs out of jail, Roncarrelli won, breach of Rule of Law

19
Q

What section is federal?

A

91

20
Q

What section is provincial?

A

92

21
Q

What is used to determine what section a law may fall under?

A

Pith and Substance

22
Q

Describe key points of the firearm act

A

Long gun must be federally registered
Went to supreme court
deemed criminal law
Scrapped in 2012 for being too expensive

23
Q

Which laws are Federal?

A
Criminal 
Trade and Commerce
Communications
Transportation
International Treaties 
First Nations
Taxation
Penitentiary
24
Q

Which laws are Provincial?

A
Criminal
Trade and Commerce
International Treaties
Taxation
Natural Resources
Prison
25
Q

What is Paramountcy?

A

An overlap in legislature, if both laws can not be used, federal is used