Evolution Of The Charter

Question 1

1.Canadian Bill of Rights

Answer 1

• individual rights were withdrawn during WW2
• debate for rights in 1945 when John Diefenbaker , Par member, raised issue in HOC
• in 1960, PM D introduced the CBR and became law

Question 2

Canadian Bill of Rights Limitations

Answer 2

• not entrenched in the constitution , can easily be changed back just a statute
• only federal jurisdiction

Judges reluctant to use it

Question 3

2.Victoria Charter

Answer 3

-1968, PM Pierre Trudeau believed the constitution needed reform , he and prov premiers debated in Victoria, BC

• Quebec denied terms of the VC
• all other provs accepted entrenchment of a charter of rights

Question 4

3.BNA Act

British North America

Answer 4

• changed the amending formula
• applies to all jurisdictions
• Supreme Court ultimately decides stuff
• changed name to constitution act that lead to CCRF

Question 5

Rights and Freedoms: Subtitles and Section numbers

Answer 5

1. Fund Free (2)
2. Democratic (3-5)
3. Mobility (6)
4. Legal (7-14)
5. Equality (15)
6. Lang (16-22)
7. Minority Lang (23)

Question 6

English Common Law and Customs

Answer 6

• ECL, customs, and traditions are inherited from the UK
• parliamentary supremacy- cabinet, HOC, and Senate- highest political and law making body in Canada
• until 1982, our constitution was under control by British parliament