finals

Question 1

The Constitution Act, 1982 is suggested to have fundamentally transformed -

Answer 1

the role of the Supreme Court of Canada.

Question 2

Pre 1982

Answer 2

Umpire of Federalism

Question 3

Post 1982

Answer 3

Umpire of Federalism + Guardian of the Constitution

Question 4

what do the courts do

Answer 4

Courts patrol the boundaries between the two orders of government and ensure respect for the division of powers.

Question 5

limited remedial powers:

Answer 5

simply determine which level of government has jurisdictional authority for the exercise of constitutional provisions.

Question 6

what is the guardian of the constitution?

Answer 6

the Supreme Court of Canada

Question 7

which constitutional provisions do the guardians of the constitution use?

Answer 7

section 52 of the constitution Act 1982 + section 24 of the charter of rights and freedoms

Question 8

remedy of invalidation:

Answer 8

declaring the law in question unconstitutional and striking it from the statute books

Question 9

remedy of suspended constitutionally

Answer 9

declaring an act unconstitutional but suspending the decision

Question 10

remedy of judicial amendment

Answer 10

reading in or reading down a statute:

Question 11

what is supreme law

Answer 11

the charter of rights and freedoms

Question 12

the charter is applicable to…

Answer 12

both levels of government (provincial and federal)

Question 13

the charter authorizes what via section 52 of the constitution act?

Answer 13

judicial review

Question 14

the charter authorizes what via section 24(1)

Answer 14

explicit remedial powers for the courts

Question 15

section 33=

Answer 15

parliamentary supremacy

Question 16

section 52=

Answer 16

constitutional supremacy

Question 17

section 24=

Answer 17

judicial supremacy

Question 18

the charter of rights includes a mixture of:

Answer 18

individual rights and collective rights

Question 19

acknowledges that rights are not….

Answer 19

absolute; there are reasonable limits

Question 20

section 1=

Answer 20

reasonable limits

Question 21

section 2-23=

Answer 21

rights and freedoms

Question 22

what is the Oakes test?

Answer 22

A four-part test administered by courts when determining whether a statutory limitation is ‘demonstrably justified in a free and democratic society’
1. Are the legislative objectives pressing and substantial?
2. Are the legislative measures rationally connected to the laws purpose?
3. Are rights minimally impaired/least restricted?
4. Does the law achieve proportionate effects?

Question 23

what is the notwithstanding clause?

Answer 23

Section 33, the legislative override or ‘notwithstanding clause’ allows for legislative reversal of judicial decisions by Parliament or the provincial legislature in certain circumstances.

Question 24

what is bill 101?

Answer 24

Québec wanting French only signs.
it was struck down by the SCC in 1988.

Question 25

The Canadian Charter of Rights and freedoms has two forms of equality protections:

Answer 25

Enumerated categories
Analogous grounds (in particular)

Question 26

why can an equality rights about marriage not be challenged?

Answer 26

there was no definition of marriage until 2000