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CLN4U Exam Review > Chapter 5 (Lecture) > Flashcards

Chapter 5 (Lecture) Flashcards

1
Q

Constitution Definition

A

A legal framework that establishes how power and authority within a country is exercised

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2
Q

What is a constitution particularly important for?

A

Nations that have weak democratic traditions.

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3
Q

What does constitutional law look at (#1)?

A

The principles of the Constitution

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4
Q

What does constitutional law look at (#2)?

A

The assignment of powers to various institutions

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5
Q

What does constitutional law look at (#3)?

A

The way the powers are implemented.

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6
Q

What does constitutional law look at (#4)?

A

The roles of the people who operate within the institutions

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7
Q

When was Canada originally established by and by what?

A

-Originally established in 1867.
-By an act of the British Parliament.

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8
Q

What is our constitution not contained in?

A

A single document.

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9
Q

What is our constitution made up of (#1)?

A

Constitutional documents that establish the structure of government, division of power & rights of individuals

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10
Q

What is our constitution made up of (#2)?

A

Conventions, or unwritten rules, followed for tradition

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11
Q

What is our constitution made up of (#3)?

A

Common law, which addresses constitutional disputes

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12
Q

Where did jurisdictional powers originate from?

A

In 1867 the fathers of confederation pushed for a strong, centralized federal government.

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13
Q

In what part of the constitution was the distribution of power set out in?

A

Sections 91, 92 and 93 of the Constitution.

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14
Q

What does Section 91 outline?

A

The powers of the federal government.

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15
Q

What does Section 92 outline?

A

The powers of the provincial government.

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16
Q

What does Section 93 outline?

A

Assigns jurisdiction to make laws related to education to the provinces.

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17
Q

Where does residual power rest?

A

With the federal government

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18
Q

What does “intra vires” mean?

A

If an action by a legislature is within its jurisdiction it has acted intra vires.

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19
Q

What does “ultra vires” mean?

A

If it is outside its legal authority or jurisdiction it is ultra vires.

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20
Q

What happens when the courts must decide who has power in areas where federal and provincial governments both have claims to authority?

A

They use what is called the pith and substance doctrine.

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21
Q

What is an example of a case where the pith and substance doctrine was used?

A

Re Protection of Children Involved in Prostitution Act (2000)

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22
Q

What happened in the Re Protection of Children Involved in Prostitution Act (2000)?

A

Two 17-year-old females were apprehended by Calgary Police Service Officers in accordance with the act.

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23
Q

Where were these two 17-year olds taken?

A

To a protective safe-house where they were confined for two days.

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24
Q

What happened after these two 17-year olds were confined?

A

They were brought to court so the authorities could show why the confinement had been necessary.

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25
Q

Why was the legality of the act, especially the confinement, challenged?

A

Because it seemed to fall under criminal law.

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26
Q

What does not have any constitutional status?

A

Local governments.

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27
Q

What do local governments not having any constitutional status mean?

A

Municipalities and cities are created by the provinces and can be altered or even abolished at their will (e.g. City of Toronto Act, 1997)

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28
Q

What is the main purpose of the Legislative Branch?

A

To make law.

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29
Q

What is an example of the Legislative Branch?

A

Parliament and all of the provincial legislatures.

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30
Q

What is the Executive Branch responsible for?

A

The management and day-to-day operation of the government.

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31
Q

What is the Executive Branch also responsible for?

A

Recommending laws for consideration and for implementing laws that are passed.

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32
Q

Who are members of the Executive Branch?

A

The Prime Minister and the Cabinet

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33
Q

What does the Executive Branch rely on?

A

A politically neutral civil service.

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34
Q

What does the Judicial Branch act as?

A

An independent third party to settle disputes and clarify law.

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35
Q

Who cannot interfere with the Judicial Branch?

A

Other government officials

36
Q

What happens when a judge is appointed?

A

They cannot be removed by the government.

37
Q

What does the independence of the Judicial Branch help to ensure?

A

The rule of law.

38
Q

What is the rule of law (#1)?

A

Government must follow the law.

39
Q

What is the rule of law (#2)?

A

No one is exempt from the law

40
Q

What is the rule of law (#3)?

A

No action can be taken unless authorized by law

41
Q

What does the judicial system in the provinces and territories deals with?

A

Most issues

42
Q

How many tiers does the judicial system in the provinces and territories have?

A

Three tiers

43
Q

What is court tier #1?

A

Courts of first appearance (E.g. Ontario Court of Justice)

44
Q

What is court tier #2?

A

Superior trial courts (E.g. the Superior Court of Justice)

45
Q

What is court tier #3?

A

Courts of appeal (E.g. Ontario Court of Appeal)

46
Q

What is another type of court?

A

Federal Courts & the Supreme Court of Canada

47
Q

What is a key feature of Canada’s democratic system?

A

The principal of legislative assembly

48
Q

What does the principle of legislative assembly mean?

A

That ultimate authority to make and unmake law in Canada resides with parliament and the provincial legislatures.

49
Q

What has the Charter of Rights and Freedoms altered?

A

The balance of legislative supremacy

50
Q

What is the written constitution difficult to?

A

Change

51
Q

What does any change require?

A

The approval of the
- House of Commons
- the Senate
- and two-thirds of the provincial legislative assemblies representing 50% of the population in the provinces.

52
Q

What happens if the amendment only affects the federal parliament?

A

Then only it needs to approve the change (e.g. changing the retirement age for senators or changing the number of MPs).

53
Q

What happens if a change only affects one province?

A

Then the Federal Government and that province only need to agree (e.g. 1998 Newfoundland changed the structure of its education system away from religious dominations and toward a public system).

54
Q

What did Quebec not sign?

A

The 1982 constitutional document

55
Q

In 1984, what did Brian Mulroney promise?

A

If elected, he would attempt to get Quebec to join our constitutional family

56
Q

What was Quebec concerned with?

A

The potential negative effect of the charter on the French language and culture.

57
Q

What did Quebec demand #1?

A

Recognition as a distinct society

58
Q

What did Quebec demand #2?

A

A greater role in immigration to the province; a role in appointments to SCC

59
Q

What did Quebec demand #3?

A

Limitations on the ability of the federal government to spend money in areas of provincial jurisdiction

60
Q

What did Quebec demand #4?

A

Veto power over all constitutional changes.

61
Q

What are the two stages of law-making in Canada?

A

-Pre-legislative stages
-Legislative stages

62
Q

In the pre-legislative stage, where can ideas for laws come from?

A

Many sources, including the government, administrators, the party, interest groups, advisory bodies

63
Q

In the pre-legislative stage, who are ideas usually reviewed by?

A

The inner Cabinet

64
Q

In the pre-legislative stage, once approved by the Inner Cabinet, what does the affected ministry do?

A

Puts together a presentation for the whole Cabinet outlining possibilities.

65
Q

In the pre-legislative stage, what usually happens when the affected ministry puts together a presentation for the whole Cabinet outlining possibilities?

A

The idea is leaked to the public at this time

66
Q

In the pre-legislative stage, what happens after all of this?

A

The idea is then sent to government lawyers as well as the Management Board

67
Q

What happens in the legislative stages?

A

Three readings, then to Senate if federal

68
Q

Referendum Definition

A

A process by which the general population or electorate can voice their opinion on a public-policy question.

69
Q

Ratified Definition

A

Officially approved and passed in a formal legal process.

70
Q

Veto Power Definition

A

Power to reject all constitutional changes.

71
Q

Supreme Court of Canada definition

A

Final Court of appeal for all cases from the provincial and territorial courts and the federal courts.

72
Q

Federal Courts Definition

A
  • Special courts created by statute to hear cases within specific areas of law
  • Often because of the unique expertise required by the justices hearing the cases.
73
Q

Courts of Appeal Definition

A

The highest courts in the provinces and territories and have jurisdiction to hear cases from all lower courts.

74
Q

Superior Trial Courts Definition

A
  • Hear virtually all civil law cases and the most serious of criminal offenses
  • are also Courts of Appeal for summary conviction offenses.
75
Q

Courts of First Appearance Definition

A

The provincial and territorial courts, which decide very little civil law.

76
Q

Civil Service Definition

A

Comprises people hired to perform the various day-to-day functions of government

77
Q

Unitary State Definition

A

There is only one national parliament and it has the authority to make law.

78
Q

Statutes Definition

A

Laws passed by federal or provincial governments

79
Q

Common law Definition 1

A

A system of legal principles based on custom and past legal decisions, also called “judge-made law” or “case law.”

80
Q

Civil Law Definition 1

A

The branch of law that governs the relations between individuals, as opposed to criminal law, which governs relations between individuals and the states.

81
Q

Extinguished Definition

A

Cancelled

82
Q

Entrenched Definition

A

To codify rights so that they can be changed only by constitutional amendment, safeguarding them from political interference.

83
Q

Patriate Definition

A

Bring under the authority of the country to which the laws apply.

84
Q

Civil Law Definition 2

A

A system of law based on codified or statute law.

85
Q

Common Law Definition 2

A

The law that came to Canada from Britain

86
Q

Common Law Definition 3

A

The law that is common to all.

CLN4U Exam Review (17 decks)

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