Government And Statue Law

Question 1

Canada’s Constitution Summery

Answer 1

• A constitution is a nations supreme instrument of legal authority, considered highest law in land.
• Serves as the national legal conscience.
• Established political and legal structure of a nation.

Question 2

Divisions of Powers Summery

Answer 2

• Disputes often arise over which level of government has constitutional right to pass legislation on certain subjects.
• Some subjects appear to fall under jurisdiction of both levels.

Question 3

History Summarized

Answer 3

• 1864: Politicians met at Charlottetown and unification.
• 1867: BNA act comes into effect.
• Quebec City Discuss.
• 1931: Statue of Westminster granted Doninions full legal autonomy.
• 1982: Constitution Act gave Canada full control over constitution.

Question 4

Statue of Westminster Summarized

Answer 4

• Over time the BNA act was amended as statues were added, deleted or rephrased.
• Statue of Westminster brought in important changes such as granted Canada the independence to make agreements.

Question 5

Patriating the Constitution Summary

Answer 5

• Pierre Trudeau made it one of his priorities to patriate the Constitution.
• 9 of the premiers, less QC, agreed and the new Constitution came into force April 1982.

Question 6

1982 Constitution Summary

Answer 6

• Divisions of power remained the same.
• Constitution did add new elements.

Question 7

Key Elements of 1982 Constitution Summary

Answer 7

1) A principle of Equalization’s.
2) Clarification of responsibility for Natural Resources.
3) An amending formula for future changes to the Constitution.
4) A charter guaranteeing individual rights and freedoms.
5) The rights of Indigenous People.

Question 8

Quebec Summary

Answer 8

They had 2 referendums on separation/sovereignty association in 1980 and 1992 as they still did not sign the constitution.

Question 9

Clarity Act/Secession Summary

Answer 9

• 1996 Federal Govt appealed to Supreme Court to rule in QC’s right to separate from Canada.
• Supreme Court ruled unanimously that QC does not have the right to separate under both Canada’s constitution and international law.

Question 10

Government and Law Making Summary

Answer 10

• Fed and provincial govt are made up of distinct branches: Executive, Legislative, and Judiciary.
• Each branch has important role to play in making, interpreting and enforcing laws in Canada.

Question 11

Executive Branch Summary

Answer 11

It is set policy, present budgets to the legislature, purpose legislation and implement laws passed by the legislation.

Question 12

Legislative Branch

Answer 12

• Role is to make laws.
• Provincial govt do not have a senate.

Question 13

Judiciary Summary

Answer 13

• Role is to act as an independent third party in legal disputes and to clarify the law.
• there are 3 levels of provincial court: Provincial court of appeal, Superior Court, and Provincial Court.

Question 14

Passing Laws

Answer 14

• The power to make or pass laws lies solely with the govt in power.
• Bills must go through specific steps before they can become law.