Mid Term

Question 1

Officially Bilingual Province

Answer 1

• Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick (1981)
• entitled two communities to have separate institutions where activities are carried out
• New Brunswick is the only officially bilingual province

Question 2

Constitutional Convention

Answer 2

Practices that emerge over time and are generally accepted as binding rules of the political system, such as the convention that the leader of the political party with the most seats in the House of Commons after an election shall be called upon to try to form a government with majority support in the House. Unlike the written
Constitution, conventions are not enforceable in the courts

Question 3

3 Branches of Government

Answer 3

-Parliament comprises, then, both the executive and legislative branches of government. Those who actually exercise the executive power are drawn from the legislature.
-The role of the judicial branch of government is based on constitutional convention rather than law.
Judicial independence means that judges are to be free from any and all interference in their decision-making.
-Legislature (Making Rules)
-Executive (Implementing Rules)
-Judiciary (Interpreting Rules)

Question 4

Senate Representation

Answer 4

Each of the four main regions (Ontario, quebec, the four western provinces, and the Maritimes) has 24 seats. Newfoundland has six, and there is one from each of the Yukon, Northwest Territories, and Nunavut for a total of 105 seats.

Question 5

Canadian Constitution

Answer 5

• embodies values and principles central to the political life of the country
• the constitutionalism principle involves predictable governance that has its source in written rules rather than in the arbitrary wills of individuals.
• protect against the tyranny of the majority
• Must balance the 4 pillars of the government: (Federalism, Democracy, Constitutionalism and rule of law, Respect for minority rights)

Question 6

Section 52(1)

Answer 6

“The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.”

Question 7

Constitutions Act and Minority Rights

Answer 7

• protect against the tyranny of the majority
• The Constitution Act, 1867 entrenched the principle of minority rights through the section 93 guarantee of minority religious education rights and the section 133 declaration that French and English were to have official status in the Parliament of Canada, the legislature of Quebec, and courts created by either of those bodies.

Question 8

Section 15

Answer 8

• Equality rights are entrenched in the Constitution through section 15 of the Charter.
• everyone should be treated equally under the law
• prohibit discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability

Question 9

Section 2-6

Answer 9

• 2 Fundamental political freedoms are guaranteed (freedom of religion, belief, expression, the media, assembly, and association)
• 3-5 Democratic definitions (voting, sitting terms)
• 6 mobility rights

Question 10

Head of State/Head of Government

Answer 10

• The queen embodies the authority of the state
• when she is not there, it is the governor general
• both of these roles are very much ceremonial

Question 11

Legislative Branch

Answer 11

• represent the people and be accountable to them through periodic elections;
• debate public issues and provide a forum for competition between political parties;
• make laws.

Question 12

Executive Branch

Answer 12

• implement the laws;
• ensure that the public’s business is carried out efficiently, accountably, and in accordance with the law;
• be non-partisan at the bureaucratic level, such that non-elected officials faithfully carry out the policies of whatever party forms the government of the day.

Question 13

Judicial Branch

Answer 13

• be non-partisan and free from interference by the government;
• interpret the law’s meaning;
• not substitute its preferences for those of elected public officials in matters of public policy, as distinct from legal and constitutional interpret

Question 14

Party Discipline

Answer 14

the ability of a parliamentary group of a political party to get its members to support the policies of their party leadership. In liberal democracies, it usually refers to the control that party leaders have over their caucus members in the legislature.

Question 15

Constitutional Crisis (1926)

Answer 15

when Governor General Lord Byng refused Prime Minister Mackenzie King’s request for a new election. This refusal provoked a minor constitutional crisis. Since then, the view of most constitutional experts has been that the monarch’s representative is required to accept the “advice” given by the Prime Minister.

Question 16

Parliamentary Supremacy

Answer 16

Before the constitution, so long as one level of government did not trespass onto jurisdictional turf that the Constitution assigned to the other level, it was free to do as it liked. But, once the charter was signed, the constitution was very clearly supreme instead. This change allowed non-elected judges to limit the power of elected officials.

Question 17

Judicial Independence

Answer 17

The principle according to which judges should be free from any and all interference in their decision- making. It is particularly important that they be free from interference by the government to ensure that the courts are seen to be independent and non-partisan. One of the key protections for judicial independence is the fact that once judges are appointed they cannot be removed from office before retirement age, usually 75, except for serious cause (such as criminal behaviour or serious incompetence).

Question 18

Section 24

Answer 18

the enforcement of the Charter shall be through the courts.

Question 19

Reference Cases

Answer 19

enable governments to use the provincial and Canadian supreme courts to receive advisory opinions before trying to pass a law. it is to make sure a piece of legislation is constitutional before trying to enact it.

Question 20

The Constitution Act, 1982

Answer 20

• enshrined the Charter of Rights and Freedoms in the Constitution
• it made the process of changing the constitution something that Canadians could do on their own (without England)

Question 21

Section 1

Answer 21

the section that confirms that the rights listed in the Charter are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual’s Charter rights.

Question 22

Charter Criticisms

Answer 22

• The Charter undermines legislative supremacy & therefore democracy
• Charter erodes participatory democracy. Human rights can only be protected by the vigilance of citizens
• Charter litigation focuses attention on cases that happen to get to court, not necessarily most imp issues for society
• Courts are inappropriate for making policy on human rights

Question 23

Notwithstanding Clause

Answer 23

• Section 33
• It enables either Parliament or a provincial legislature to declare that a law shall operate even if it violates the fundamental freedoms, legal rights, or equality rights sections of the Charter. Such a declaration must be renewed after five years;

Question 24

The Queen v. Big M Drug Mart (1985)

Answer 24

• Big M Drug Mart was charged with unlawfully carrying on the sale of goods on a Sunday contrary to the Lord’s Day Act of 1906
• the Court struck down the federal Lord’s Day Act on the grounds that it violated the Charter’s guarantee of freedom of religion.
• the most significant feature of the Big M case was the willingness of all of the justices to inquire into the purposes associated with the rights and freedoms set forth in the Charter.
• The Court signaled its readiness to go beyond the simple words of the Charter and the stated intentions of those who drafted it to interpret the historical meaning and social purposes of a concept like, in this particular case, freedom of religion.
• This approach is the very hallmark of judicial activism

Question 25

Harper v Canada

Answer 25

• the Court ruled that Canada Elections Act’s spending limits on third party election advertising does not violate section 2(b) and 2(d) and section 3 of the Canadian Charter of Rights and Freedoms.
• The case originated as a challenge brought by Stephen Harper in 2000, to legislated restrictions on the right of so-called “third parties”to spend money on political advertising during election campaigns. In 2004 the Supreme Court upheld these restrictions by a 6–3 majority. The decision is particularly interesting because of the conception of democracy that underpins the majority’s ruling, one that sees unfettered freedom of speech as a danger to the equality rights of citizens

Question 26

Upper Law Society of Canada v Skapinker

Answer 26

• In this case, Joel Skapinker, a South African citizen living in Canada, had sought admission to the Ontario bar but had been denied because he was not a Canadian citizen. After an appeal court in Ontario ruled that he had been wrongfully denied on the basis of the mobility rights section of the Charter (s. 6), the case moved on to the Supreme Court, which, taking a cautious approach, ruled against Skapinker because they did not believe it applied to this situation (it more applied to provincial movement).
• It is also the first Charter decision to reach the Supreme Court since its enactment in 1982

Question 27

Characteristic of Constitution

Answer 27

1. The constitution is the foundation of the rule of state.
2. The constitution is the embodiment of the fundamental laws. This is the doc of the rule of a state.
3. The constitution describes the powers and functions of different org government and the relations among these organs.
4. It states on the one side the powers and duties of the government and, on the rights and duties of citizens.
5. It connects the ruler to the ruled, and vice versa.

Question 28

Federalism and Political Authority

Answer 28

Federalism is a type of government in which the power is divided between the national government and other governmental units. It contrasts with a unitary government, in which a central authority holds the power, and a confederation, in which states, for example, are clearly dominant.

Question 29

Fathers of Constition

Answer 29

Most of the anglophone Fathers of Confederation favoured a unitary system of government under which all power would be in the hands of a new national parliament. They were opposed, however, by two groups. But they were apposed by those who thought that this would take power from individual provinces.

Question 30

Social Union

Answer 30

Some provinces viewed the social union as a commitment to national standards in social policy that are not federally imposed standards, but that instead are negotiated between the provinces and Ottawa in a spirit that respects each province’s constitutional authority in matters of social policy.

Question 31

Quebec Independence Referendum

Answer 31

ask voters in the Canadian French-speaking province of Quebec whether Quebec should proclaim national sovereignty and become an independent country, with the condition precedent of offering a political and economic agreement to Canada.

Question 32

Section 91 and 92

Answer 32

The heart of the federal division of powers is found in sections 91 and 92 of the Constitution Act, 1867. Each of these sections contains a detailed list of enumerated powers that belong exclusively to Parliament (s. 91) or the provincial (s. 92) legislatures. Combined with several other sections that also deal with the division of powers, this is the constitutional foundation of Canadian federalism.

Question 33

French Canadian’s and Confederation

Answer 33

In the years before Confederation (1840 to 1867), the provinces that we now call Quebec and Ontario were part of a British colony called the Province of Canada. The English and French Canadians were in a bit of political deadlock. This meant that Quebec would get its own provincial government to make important decisions.

Question 34

John A. Macdonald’s View of Provincial Government

Answer 34

Canada’s first Prime Minister, anticipated that the provincial governments would be little more than glorified municipalities, subordinate to Ottawa

Question 35

Sections 55, 56, and 90

Answer 35

Governor General/Lieutenant Governor powers

• 55 the authority to reserve the queens approval from any Act passed by a provincial legislature for a period of up to one year
• or to disallow the Act at any time within a year of its passage
• 90 extends these powers, in so far as the provinces are concerned, to the Lieutenant-Governor and the Federal Government

Question 36

Peace Order and Good Government

Answer 36

• define the Canadian Parliament’s lawmaking authority in relation to provincial authority.
• The courts have tended to place a narrow interpretation on the federal Parliament’s general authority to make laws for the
• This power has been reduced over time to one that may provide the constitutional basis for federal actions in emergency circumstances. It cannot, however, be used to justify federal laws during “normal” times.

Question 37

Judicial Committee of the Privy Council

Answer 37

• the highest court for the colonies of British North America
• a committee composed of members of the British House of Lords. The BNA Act left intact the JCPC’s authority over Canada. This continued until 1949, when the Supreme Court of Canada became the final appellate court for this country and, as such, Canada’s constitutional umpire.

Question 38

Board of Commerce Act 1919 and the Combines and Fair Prices Act 1919

Answer 38

After WW1, the cost of living was rising rapidly. Legislation was proposed to stop monopolistic business practices and hoarding of essential commodities. This was struck down by federal government
a Canadian constitutional decision of the Judicial Committee of the Privy Council in which the “emergency doctrine” was articulated, according to which Parliament could pass laws under the authority of POGG only in the case of a national emergency.

Question 39

Citizens’ Insurance Co. v. Parsons (1881)

Answer 39

Based on its view that a broad, literal interpretation of s. 91(2) of the Constitution Act, 1867 would bring any and all aspects of economic life under the authority of Ottawa, leaving the provinces powerless to affect business,
Ottawa’s authority to regulate trade and commerce has been limited to inter provincial trade,international trade, and general trade affecting the whole of Canada

Question 40

Public Service Board v. Dionne (1978)

Answer 40

The Supreme Court confirmed Ottawa’s exclusive jurisdiction to regulate television broad- casting. Immediately after the decision was handed down, the federal Minister of Communications announced Ottawa’s willingness to negotiate some division of authority with the province

Question 41

Reference Re Secession of Quebec (1998)

Answer 41

• a landmark judgment of the Supreme Court of Canada regarding the legality, under both Canadian and international law, of a unilateral secession of Quebec from Canada.
• The Supreme Court of Canada has ruled that Quebec cannot separate from Canada unilaterally.
• The court said it cannot unilaterally happen within Canadian law or within international law

Question 42

The Parti Québécois

Answer 42

is a sovereignty provincial political party in Quebec. The PQ advocates national sovereignty for Quebec involving independence of the province of Quebec from Canada and establishing a sovereign state.

Question 43

The Victoria Charter

Answer 43

was a set of proposed amendments to the Constitution of Canada in 1971.
When the 11 provincial governments got together in order to finally agree on the constitution. But, Quebec wanted more than Ottawa could give them

Question 44

Executive federalism

Answer 44

-the practice of establishing policy by means of negotiations between federal and provincial executives.
Problems:
- It is undemocratic because it undermines the role of elected legislatures
-makes it difficult for citizens to determine which level of government should be held responsible for what policies.
-provides no meaningful opportunities for public debate of intergovernmental issues that affect the standard of matters of real concern to citizens.

Question 45

Fiscal Gap

Answer 45

The provinces’ legislative responsibilities proved to be much more extensive and expensive than the founders had anticipated.
They attempt to fill the gap between revenues and expenditure requirements through an increasing array of provincial taxes.

Question 46

Shared Cost Programs

Answer 46

provincially administered programs where Ottawa’s financial contribution is geared to the amount that a province spends. In the 1960s, when many of these programs were being put in place, it was common for Ottawa

Question 47

Conditional Grants

Answer 47

Some of the money Ottawa transfers to the provinces carries conditions as to how it must be spent.

Question 48

Unconditional Grants

Answer 48

Money transferred from Ottawa with no strings attached are called unconditional grants.

Question 49

Constitution as a Fundamental Law

Answer 49

It is fundamental because all other laws must conform to the constitution in terms of how they are made and in terms of their substance.

Question 50

The Charlottetown Accord

Answer 50

• a package of proposed amendments to the Constitution of Canada, proposed by the Canadian federal and provincial governments in 1992. It was submitted to a public referendum, and was defeated.
• Constitutional recognition of Quebec as a distinct society and other provisions that may well have been interpreted as providing special status for Quebec were, of course, among the most controversial sections of the Charlottetown Accord.
• Quebec as a spoiled child

Question 51

Meech Lake Accord

Answer 51

• was a series of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and all 10 Canadian provincial premiers.
• reforms to Canada’s Constitution, the recognition of Quebec as a “distinct society,” would have transformed Quebec nationalism from a political reality to a constitutionally entrenched fact.

Question 52

Democracy and Federalism

Answer 52

• democracy describes a small number of related forms of government and also a political philosophy. (divides government by judiciary, legislature, and executive)
• Federalism is a system in which the power to govern is shared between national and central (state) governments, creating what is often called a federation. (divides government regionally, but allows the states to develop their societies independently)

Question 53

Decentralization

Answer 53

• the transfer of authority from central to local government.
• but, sovereignty or competence resides exclusively with the central government, and regional or local governments are legally and politically subordinate to it.

Question 54

Asymmetrical Federalism

Answer 54

• the constitutional recognition of differences in the status and powers relationships, both financial and in terms of legislative powers, to the federal government of provincial governments;
• one or more of the states has considerably more autonomy than the other sub states, although they have the same constitutional status (like Quebec)

Question 55

Amending The Constitution General

Answer 55

-Requires: Resolution passed by the House of Commons and the Senate and Two-thirds of the legislatures of the provinces that together comprise at least half the population of all the provinces
Applications:
-Reduction or elimination of powers, rights, or privileges of provincial governments or legislatures
-Proportionate representation of the provinces in the House of Commons
-Senate
-Supreme Court of Canada (except its composition)
-Extension of existing provinces into the territories
-Creation of new provinces

Question 56

Amending The Constitution Unanimous Consent

Answer 56

Requires: Resolution passed by the House of Commons and the Senate and Resolution passed by every provincial legislature
Applications:
-Queen
-Governor General
-Lieutenant-Governors
-Right of each province to at least as many seats in
the House of Commons as it has in the Senate
-Use of the English or French language (except changes that apply only to single province)
-Composition of the Supreme Court
-Changing the amending procedures of the Constitution

Question 57

Amending The Constitution Ottawa and One or More Province

Answer 57

Requires: Resolution passed by the House of Commons and the Senate and Resolution passed by the legislature of each province where the amendment applies

Application:
-Alteration of boundaries between provinces
-Use of French or English in a particular province or
provinces

Question 58

Amending The Constitution Ottawa or A Province Alone

Answer 58

Requirements: If Ottawa, a resolution passed by the House of Commons and the Senate or, If a province, a resolution passed by its legislature

Application:
Executive government of Canada, the Senate, and the House of Commons, subject to the limits established by ss. 41 and 42 of the Constitution Act, 1982

Question 59

Minimalist Democracy vs Classical Democracy

Answer 59

Classical:
-The people decide the common good
-People chose deserving politicians who will implement the common good flawlessly
Minimalist:
-is a system of government in which citizens give teams of political leaders the right to rule in periodic elections.
-citizens cannot and should not rule because, for example, on most issues, most of the time, they have no clear views or their views are not well-founded.