Constitutional Flashcards
Royal Proclamation of 1763
- Laid down the basis for how colonial administration would interact with First Nations people
- The proclamation guaranteed certain right and protections for First Nations people’s, and established the process by which the government could acquire their lands
Patriate
Canada “patriated” its Constitution. It transferred the country’s highest law, the British North America Act (which was renamed the Constitution Act, 1867), from the authority of the British Parliament to Canada’s federal and provincial legislatures.
Section 91
Section 91 of the BNA Act splits Provincial and Federal Legislation
Statute of Westminster
Enacted on December 11, 1931
A self governing dominion, control of external affairs, no more privy council, only Canadian laws apply
1982
Year the Constitution was created, but Quebec didn’t sign this year
Section 91 (5) of the constitution
Postal
Trudeau
Created the Constitution in 1982, was a Liberal PM
Section 33
Notwithstanding clause allows provinces to opt out of legislation or create legislation (override certain portions of the charter for five-year terms when passing legislation)
Section 11 (d)
The presumption of innocence, innocent until proven guilty
Section 91 (25)
Immigration
Section 24 (1)
Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances
Health
Section 92 of the Constitution outlines powers of the provincial government - healthcare is part of provincial jurisdiction. This means that the provinces have the responsibility of running hospitals