L3: the constitution Flashcards
3 elements of the constitution?
- LAWS: legislation with constitutional status
- COURT DECISIONS: SCC dealing with const. issues
- CONVENTIONS: unwritten rules of gov’t operation, traditions, customs.
what are the main constitutional acts called?
- constitution Act of 1867: British North America Act
- Constitution Act 1982: the canadian Charter of R+F
- plus 30 pieces of Const. legislation.
what did the BNA say?
- created dominion of canada (confederation)
- set up country: divide power into fed + province.
- divide into legislative, executive, judicial
- hierarchy in court system
what is const act of 1982
- 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])
what is the amending formula now?
50/7
- consent of 2/3 of provinces containing 50% of popln
conventions contain?
inherited binding constitutional conventions or traditions from UK
- political parties
- GG, LG
- parliamentary supremacy
- rule of law
what is prorogue?
means adjourn - GG responsibility to adjourn parliament formally.
two types of constitutional cases
- division of powers : is legislation outside of jurisdiction, unconstitutional?
- charter of R+F: does legislation infringe the Charter? = Charter Challenge
what do LG and GG do when law is passed?
give royal assent - as representative of the queen, sign on her behafl
what is intra vires?
ultra vires?
intra: within legislative body’s jurisdiction
ultra: outside the jurisdiction = will be struck down by Courts.
what section of constitution states fed powers?
section 91
what are federal powers?
trade + commerce banking, currency postal service criminal law taxation import/export intellectual property
what does “Peace, order and good Government of Canada” entitle the govt?
power to make law + take control in times of emergency.
for temp time, can unite all provinces.
what are 3 areas of shared govt between fed + province
agriculture
environment
health
what is residual power?
anything that hasn’t been given to province, by default is federal.
where to find provincial powers?
BNA section 92
what are provincial powers?
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
what are the exceptions to provincial powers?
- 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.
what is paramountcy?
doctrine applied where fed + province laws are both valid but conflicting.
- follow fed.
how a bill passing is diff in province vs federally
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.
immediate or future law when passed?
effective immediately
on proclamation = future date
what does habeus corpus mean?
bring forth the body
- in court, person physically must be in courtroom.
