L3: the constitution

Question 1

3 elements of the constitution?

Answer 1

• LAWS: legislation with constitutional status
• COURT DECISIONS: SCC dealing with const. issues
• CONVENTIONS: unwritten rules of gov’t operation, traditions, customs.

Question 2

what are the main constitutional acts called?

Answer 2

• constitution Act of 1867: British North America Act
• Constitution Act 1982: the canadian Charter of R+F
• plus 30 pieces of Const. legislation.

Question 3

what did the BNA say?

Answer 3

• created dominion of canada (confederation)
• set up country: divide power into fed + province.
• divide into legislative, executive, judicial
• hierarchy in court system

Question 4

what is const act of 1982

Answer 4

• end ties with brit govt
• didn’t have to ask monarch to amend.
• contained Charter of R+F
• contained Acts with constitutional status (royal proclamation [indian rights])

Question 5

what is the amending formula now?

Answer 5

50/7

- consent of 2/3 of provinces containing 50% of popln

Question 6

conventions contain?

Answer 6

inherited binding constitutional conventions or traditions from UK

• political parties
• GG, LG
• parliamentary supremacy
• rule of law

Question 7

what is prorogue?

Answer 7

means adjourn - GG responsibility to adjourn parliament formally.

Question 8

two types of constitutional cases

Answer 8

• division of powers : is legislation outside of jurisdiction, unconstitutional?
• charter of R+F: does legislation infringe the Charter? = Charter Challenge

Question 9

what do LG and GG do when law is passed?

Answer 9

give royal assent - as representative of the queen, sign on her behafl

Question 10

what is intra vires?

ultra vires?

Answer 10

intra: within legislative body’s jurisdiction
ultra: outside the jurisdiction = will be struck down by Courts.

Question 11

what section of constitution states fed powers?

Answer 11

section 91

Question 12

what are federal powers?

Answer 12

trade + commerce
banking, currency
postal service
criminal law
taxation
import/export
intellectual property

Question 13

what does “Peace, order and good Government of Canada” entitle the govt?

Answer 13

power to make law + take control in times of emergency.

for temp time, can unite all provinces.

Question 14

what are 3 areas of shared govt between fed + province

Answer 14

agriculture
environment
health

Question 15

what is residual power?

Answer 15

anything that hasn’t been given to province, by default is federal.

Question 16

where to find provincial powers?

Answer 16

BNA section 92

Question 17

what are provincial powers?

Answer 17

hospital
admin of justice + courts
property + civil rights
- local works + undertakings
- marriage
- property (contracts, torts, insurance, employment, civil rights etc.) 
- law that's not under criminal code.
- education

Question 18

what are the exceptions to provincial powers?

Answer 18

• works + undertakings connecting the province with any other(s) province(s) or extending limits of province
• works that wholly situate within the province, but declared by Parliament to be for general Advantage of Canada.

Question 19

what is paramountcy?

Answer 19

doctrine applied where fed + province laws are both valid but conflicting.
- follow fed.

Question 20

how a bill passing is diff in province vs federally

Answer 20

1st reading, 2nd reading (debate), 3rd reading (vote). Pass?

province: LG sign + law.
fed: goes to senate, same process. if pass senate vote GG signs off.

Question 21

immediate or future law when passed?

Answer 21

effective immediately

on proclamation = future date

Question 22

what does habeus corpus mean?

Answer 22

bring forth the body

- in court, person physically must be in courtroom.