Constitutional Law (Constitutions)

Question 1

What is a constitution?

Answer 1

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

Question 2

What is a constitution important for?

Answer 2

Nations that have weak democratic traditions

Question 3

What does constitutional law examine? #1 (x 4)

Answer 3

• The principles of the constitution

Question 4

When was Canada originally established?

Answer 4

1867

Question 5

What was Canada established by?

Answer 5

An act of the British Parliament

Question 6

What is Canada’s constitution based on?

Answer 6

The British model

Question 7

What is Canada’s constitution not contained in?

Question 8

What is Canada’s constitution made up of #1?

Answer 8

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

Question 9

What is Canada’s constitution made up of #2?

Answer 9

Conventions, or unwritten rules, followed for tradition

Question 9

What is Canada’s constitution made up of #3?

Answer 9

Common law, which addresses constitutional disputes

Question 9

What are Jurisdictional Powers as outlined in Canada’s Constitution?

Answer 9

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

Question 10

Under what sections of Canada’s Constitution. is the distribution of power set out in?

Answer 10

he distribution of power was set out in sections 91, 92 and 93 of the Constitution.

Question 11

What does Section 91 outline?

Answer 11

The powers of the federal government

Question 12

What does Section 92 outline?

Answer 12

The powers of the provincial government

Question 13

What does Section 93 assign?

Answer 13

Jurisdiction to make laws related to education to the provinces.

Question 14

Ultimately, where does residual power rest?

Answer 14

With the federal government

Question 15

What does Intra Vires mean?

Answer 15

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

Question 16

What does Ultra Vires mean?

Answer 16

If an action by a legislature is outside its legal authority or jurisdiction, it is ultra vires.

Question 17

How do courts decide who has power in areas where federal and provincial governments both have claims to authority?

Answer 17

They use what is known as the pith and substance doctrine.

Question 18

What is an example of where the pith and substance test was used?

Answer 18

Re Protection of Children Involved in Prostitution Act (2000)

Question 19

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

Answer 19

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

Question 20

Where were these two 17-year old females taken?

Answer 20

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

Question 21

What happened after this?

Answer 21

The two 17-year old females were brought to court so that the authorities could show why the confinement had been necessary.

Question 22

Why was the legality of the act challenged?

Answer 22

The confinement was particularly challenged, as it seemed to fall under criminal law.

Question 23

What type of governments do not have constitutional status?

Answer 23

Local governments

Question 24

Why do local governments not have any constitutional status?

Answer 24

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

Question 25

What does constitutional law examine #2?

Answer 25

• The assignment of powers to various institutions

Question 26

What does constitutional law examine #3?

Answer 26

• The way the powers are implemented

Question 27

What does constitutional law examine #4?

Answer 27

• The roles of the people who operate within the institutions