Chapter 3 The Legislature

Question 1

Separation-of-powder doctrine

Answer 1

The legislature makes the law; the executive implements the law; and the judiciary applies and interprets the law.

Question 2

Legislature

Answer 2

Is a representative assembly charged under a constitution with making laws for a particular region or state.

Question 3

What are other names for Legislature?

Answer 3

Parliament
Congress
Legislative assembly

Question 4

What is unicameral mean?

Answer 4

Unicameral legislature has only one body.

Question 5

What does bicameral mean?

Answer 5

Bicameral legislature has two, with houses (house of commons, and House of Representatives) and upper houses (for example, senate or House of Lords. Canada parliament has bicameral structure.
May be partly elected and partly appointed

Question 6

What does legislation refer too?

Answer 6

Laws made by the legislative assembly. Main form of legislation is statutory law.

Question 7

Quasi-legislature

Answer 7

Materials consisting of policy statements, court practice directives, and certain kinds of agreements.
Rules set out in quasi-legislation are not technically binding.

Question 8

What are Statutes?

Answer 8

Primarily form legislation, in Canada which is a federal state, power to make statutes is divided between federal parliament and provincial legislation.

Question 9

Section 52(2) The Constitution of Canada includes;

Answer 9

a) the Canada Act 1982, including this Act {that is =, the Constitution Act, 1982};
b) the Acts and orders referred to in the schedule; and
c) any amendments to any Act or order referred to in paragraph (a) or (b).

Question 10

What are 4 key constitutional statutes?

Answer 10

Constitutional Act, 1867
Statute of Westminister, 1931
Canada Act, 1982
Constitution Act, 1982

Question 11

The Constitution Act, 1867 is divided into 11 parts. Parts II-VIII and XI are the key ones;

Answer 11

Refer to page 51 of the text book.

Question 12

Statute of Westminister, 1931

Answer 12

second step towards full legislative independence from Britain.
Confirmed Canada’s legislative autonomy - also recognized Canada’s legislative equality with Britain.
Britain did reserve the power to amend key constitutional statutes

Question 13

Canada Act, 1982

Answer 13

Gave all legislative power to Canada

Question 14

Constitutional Acr, 1982

Answer 14

Divided into 7 parts

1. Canadian Charter of Rights and Freedoms (the Charter), most important and guarantees rights and freedoms, main basis for civil liberties.
2. of the Act addresses Aboriginal rights
3. Concerns joint federal and provincial commitment to equal opportunities for Canadians regardless of wealth … pg 52
4. & 4.1. both repealed, dealt with constitutional conferences.
5. amendments and procedures for the Constitution of Canada
6. contains amendments procedure for the Constitution of Canada, also contains amendments concerning provincial power over natural resources, foresty resources, and electrical energy.
7. entitles “General” and covers miscellaneous matters such as minor amendments.

Question 15

Supremacy Clause of the Constitutional Act

Answer 15

Section 52(1) of the Constitutional Act, 1982, The Constitution of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.

Question 16

Federal statutes are enacted by which part of the government?

Answer 16

The Parliament of Canada

Question 17

Our Parliament is bicameral? True or False

Answer 17

True which means there are two houses involved in making Statutes

Question 18

Which two houses are responsible for making statutes?

Answer 18

House of Commons and The Senate

Question 19

Federal Power is defined as

Answer 19

Principal section of the Constitution that gives power to Parliament, any new legislation proposed by Parliament must be authorized by a section of the Constitution

Question 20

POGG power - Peace, Order and good Government of Canada

Answer 20

in areas, the provinces are not assigned exclusive jurisdiction.

Question 21

What are 3 uses of POGG Power?

Answer 21

Cover Jurisdictional gaps
has been used to authorize the federal government to legislate in areas that have a national dimension or concern.
National Concern clause
3rd use deals with emergencies, the federal government’s emergency power has been used to justify legislation in times of War or insurrection and to control inflation.

Question 22

Determining statutes “pith and Substance”

Answer 22

requires looking at its dominant purpose and effect

Question 23

When a law involves complete overlap between a federal subject area and a provincial one - if it falls fully within the jurisdiction of each the law is said to have ?

Answer 23

A double aspect

Question 24

Federal paramountcy doctrine

Answer 24

is there is a conflict with the double aspect, the Federal law prevails over the provincial one.

Question 25

Introducing a Bill

Answer 25

Proposed statute is first introduced as a Bill

Question 26

A bill is introduced where?

Answer 26

Either House of Commons ( as a Commons bill)
Or
the Sentate (as a Senate bill)

Question 27

There are two types of bills, what are they?

Answer 27

Public bill

Private bill

Question 28

Public bills belong to two cattegories

Answer 28

Government bill - (most common) deals with matters of public policy
Private members bill - deals with matters of public policy and are usually intorduced by the opposition party

Question 29

Private bill

Answer 29

introduced and “sponsored” by a government, opposition or Senate member and deal with a private matter eg. relating to particual individual, corporation, or charity

Question 30

Royal Assent

Answer 30

Stage a bill must complete before officially becoming an Act of Parliment.
Granted in 2 ways.

Question 31

Provincial Statutes

Answer 31

are enacted by the provincial legistlature in each of the ten provinces
All provincial legistaltures in Canada are elected bodies
are unicameral - with single house incolved in the legislative process.

Question 32

Provincial Power

Answer 32

principle sections of the COnstitution that distribute power to the prvincial assemblies are
section 92, 92A - natural resources, forestry and electrical energy(
Section 93 education
Section 95 (agriculture and immigration - provinces share jusrdictional in these areas with federal level of government

Question 33

One important differnece between federal and provincial process

Answer 33

Provincial bills require only three readings because only one chamber involved - no Senate

Question 34

Territorial Statutes

Answer 34

enacted by the legislative assembly
teritoial assemblies are lected bodies
unicameral - one house involved in the legislative process

Question 35

Three common law rules - general rules of interpretation

Answer 35

mischief rule
literal rule or plain meaning rule
golden rule

Question 36

Subordinate Legislation

Answer 36

Legislation passes puruant to a statute
Legislation that is not made by principal law making powere but a subordinate body to which the former has delagated authority to make laws.

Question 37

Regulations

Answer 37

closely related to statues - only be made under the authority of a particular statute
are always associated wth the statute

Question 38

Municipal Bylaws

Answer 38

like regulations- exist only in relation to a sstatute and are form of delegated legislation

Question 39

Quasi-legislative materials

Answer 39

are non-legislated written rule
they are neither statutes nor a form of subordinate legislation
Strictly speaking not legally binding
examples government policy statement, court directions, and certain kinds of agreements

Question 40

Policy Statement

Answer 40

• often explain how to interpret a particular piece of legislationsetting out a regulatory scheme.

Question 41

Court directions

Answer 41

many courts and tribunals issue practice directives dealing with matters that are not covered in their legislated rules of practice.

Question 42

Parliamentaty sovereignty

Answer 42

doctorine that parliament has total power, implies atleas three principals