Law 12 vocabulary chapter 3

Question 1

Amending Formula

Answer 1

procedure for changing the constitution
any amendment requires :
-approval of parliament
-two thirds of the provinces representing 50 percent of population

Question 2

Bill

Answer 2

Proposed Legislation that goes through many steps to become a law.

• idea
• draft legislation
• first reading
• second reading
• third reading
• vote held

Question 3

Canadian Charter of Rights and Freedoms

Answer 3

Part of new constitution act, 1982- sets out constitutionally protected rights and freedoms

Question 4

Civil Liberties

Answer 4

Basic individual rights protected by law, such as freedom of speech

Question 5

Federal System

Answer 5

a 2-level system of government. divided between 2 levels of government the central government and the provincial government. however central government can override provincial government laws if it is in best interest of canada.

Question 6

Executive Branch

Answer 6

The administrative branch of government that is responsible for carrying out the governments plans and policies. comprised of prime minister, the cabinet (elected by prime minister known as cabinet ministers) and public or civil service (people employed to conduct the business of government)

Question 7

Government or Public Bill

Answer 7

legislation (bill/law making/proposing a law) proposed by cabinet minister (someone in cabinet)

Question 8

Intra Vires

Answer 8

Within the power of government to pass laws and enforce them

Question 9

Ultra vires

Answer 9

Not within the power of the government to pass and enforce laws (beyond power of government)

Question 10

Judiciary

Answer 10

Branch of government responsible for presiding over canadas court system (mainly judges). this branch of government is separate from the other 2 branches of government. this branch adjudicates disputes, interprets the law and decides on punishments. there are 3 provincial courts beneath the supreme court of canada. provincial court of appeal, superior court (both for serious offenses, and provincial court (less serious matters)

Question 11

Legislative branch

Answer 11

The branch of government that has the power to make, change and repeal laws. also known as parliament. consists of house of commons and senate (upper house). the senate is made up of members appointed by governor general on advice from cabinet. senators keep job until 75, they retire, or they die. senate can overrule any law that the house of commons says yes to. house of commons is made up of members of parliament.

Question 12

Lobby groups

Answer 12

People or groups that try to influence legislators (people who make/enforce/change laws) in favor of their case or idea. eg. mothers against drunk driving.

Question 13

Patriate

Answer 13

To bring legislative power under the authority of the country to which is applies. eg. Canada has control over Canadas laws.

Question 14

Principle of Equalization

Answer 14

secion 36 of the constitution act, 1982, which provides for equal access to essential services for all canadians. parliament, legislatures, together with government of canada and provincial governments must :

• promote equal opportunities for well being of canadians
• further economic development to reduce disparities in opportunities
• provide essential public services of reasonable quality to all canadians
  2) basically government of canada has to ensure provincial governments have enough money so they can reasonably compare levels of taxation with other provinces.

Question 15

Private members bill

Answer 15

Legislation proposed by an MP (member of parliament) who is not in the cabinet (not a cabinet minister)

Question 16

Residual Powers

Answer 16

Federal responsibility to make laws in legislative areas not assigned in provinces. eg. airports and telecommunications. basically a remaining category that was not assigned to a certain government (federal and provincial)

Question 17

Shared cost agreements

Answer 17

Arrangements between 2 levels of government to share the cost for programs in areas not identified in the BNA act ( act that set out rules and guidelines for how canada should be governed and what kind of country it would be). since there were responsibilites that were non-existant in 1867 when BNA act was made, canada had to ask british parliament to include these powers, whatever they were. to avoid arguing thier case in british parliament sometimes federal and provincial government agreed to share programs. these arrangements were called shared cost agreements. Eg. money for health care, provides by federal govenement as long as provinces agreed to spend money according to federal established guidelines.

Question 18

Statute of Westminster

Answer 18

Legislation passed in britain that extended canadas law making powers. allowed canada to
-make its own laws independently (these laws could not be overrules by britain)
canada still could not amend its own constitution without approval of british parliament

Question 19

Unitary system

Answer 19

A 1-level system of government
power is centralized in one parliament led by a prime minister. was not practical for canada because canada was too large, it worked in britain because it is so much smaller.