Intro to the Legal System - The Constitution

Question 1

What are the 3 elements of the Constitution?

Answer 1

1. Laws
2. Court decisions
3. Conventions

Question 2

What are conventions?

Answer 2

unwritten rules dictating how government is to operate, traditions

Question 3

What are the 2 main Constitutional Laws in Canada?

Answer 3

1. Constitution Act 1867 (Originally named the BNA Act)
2. Constitution Act 1982 (The Canadian Charter of Rights and Freedoms)

Question 4

Besides the 2 Constitution Acts, how many other pieces of Constitutional legislation are there?

Answer 4

nearly 30

Question 5

What are some key factors of the Constitution Act 1867?

Answer 5

• originally named BNA Act
• created the Dominion of Canada
• divided powers federally and provincially
• divided powers between the legislative, executive and judicial branches
• structured the judicial system

Question 6

What are some key factors of the Constitution Act 1982?

Answer 6

• ended ties with the British Government
• Charter of Rights and Freedoms
• added an amending formula for constitutional change
• lists Acts having constitutional status

Question 7

What does the amending formula for constitutional change require?

Answer 7

consent of 2/3 of provinces containing 50% of the population

Question 8

What are some examples of conventions (unwritten rules) that Canada inherited from the United Kingdom?

Answer 8

• king, queen, monarchy
• governor general and lieutenant governor (and their power to adjourn parliament)
• political parties
• parliamentary supremacy
• rule of law
• royal assent

Question 9

What is Royal Assent?

Answer 9

When the Governor general formally approves legislature on behalf of the monarchy

Question 10

The federal system is made up of how many legislative bodies?

Answer 10

11

1 federal, 10 provincial

Question 11

What section of the Constitution Act 1867 gives the federal government power?

Answer 11

Section 91

Question 12

What section of the Constitution Act 1867 gives the provincial governments power?

Answer 12

Section 92

Question 13

What does “ultra vires” mean?

Answer 13

legislation that is outside of jurisdiction

Question 14

Section 91 (Federal Powers) includes:

Answer 14

• trade and commerce
• banking, currency
• postal service
• criminal law
• federal taxation
• imports/exports
• interprovincial-international transportations
• intellectual property (copyrights, patents)

Question 15

Section 92 (Provincial Powers) includes:

Answer 15

• municipal institutions
• hospitals
• administration of justice and courts within the province
• property and civil rights
• local works and undertakings
• matters of a local or private nature

Question 16

What does section 92A give provinces the power over?

Answer 16

jurisdiction for non-renewable natural resources, forestry resources and electrical energy within the province

Question 17

What does section 93 provide provinces with jurisdiction over?

Answer 17

Education

Question 18

What does POGG stand for?

Answer 18

peace, order and good government

Question 19

S.91(29) Is about Federal residual power, what does this mean?

Answer 19

Any new thing that comes up and has not been previously delt with automatically falls under federal control until they decide if they want to pass control onto the provincial government

Question 20

What are some important things that are not addressed in the Constitution 1867 because they did not yet exist when it was created?

Answer 20

• telecommunications
• aeronautics
• climate change

Question 21

Section 92(10) explains federal declaratory power, what does this mean?

Answer 21

if something extends beyond the borders of provinces (2 or more) and is for the benefit of all Canadians it falls under federal power (e.g. Trans Canada highway, BC-AB Pipeline, national parks)

Question 22

What does “pith and substance” mean?

Answer 22

the true essence of a law

(e.g. the pith and substance of the Firearms Act is public safety)

Question 23

What is PARAMOUNTCY?

Answer 23

when federal and provincial laws are both valid but directly conflict with one another (e.g. Federal law says you must wear masks in public spaces and provincial law directly states it is forbidden to wear masks in public spaces)

Question 24

If the Paramountcy Doctrine needs to be applied what is the outcome?

Answer 24

If both laws can’t be adhered to, the federal law must be followed

Question 25

If Federal and Provincial laws merely overlap without there being a true conflict, what is the outcome?

Answer 25

It is only necessary to adhere to the law with the higher standard and you will be in compliance with both laws

(e.g. if provincial law says you can only have 5mg of an additive in a food and federal law says you can only have 10mg of additive in a food, if you comply with the provincial law (stricter law) you are still complying with the federal law)

Question 26

With delegations rules, can federal or provincial governments abdicate (give up) or directly delegate power to the other?

Answer 26

No

Governments get around this delegation rule by entering agreements to “share” power

Question 27

Bills only pass as laws if…

Answer 27

they are given Royal Assent

Question 28

How many readings do proposed bills go through in Provincial Court?

Answer 28

3 (first reading, second reading & third reading)

Question 29

How many readings do proposed bills go through in Federal Court?

Answer 29

6 (3 in House of Commons, 3 in Senate)

Question 30

Who gives Royal Assent Provincially?

Answer 30

Lt. Governor