part 2

Question 1

Rules or conventions our system operates, This phrase is where we get the following, even though they are not contained ANYWHERE in our written constitution – Prime Minister – The Cabinet System – The Party System – Parliamentary Supremacy.

Answer 1

UNWRITTEN constitution

Question 2

Canadian Fathers of Confederation to serve as the written constitution for the new(Canada) Act created. Now renamed the Constitution Act

Answer 2

BNA ACT

Question 3

When there is a dispute over the meaning of intent of certain sections, phrases, and even individual words, the courts are called to resolve it.

Answer 3

COURT DESISIONS

Question 4

Most sweeping powers (Fathers of Confederation wanted this be the most important level of government)
Unlimited powers of taxation
Regulate the economy

Answer 4

FEDERAL GOV

Question 5

Areas of “local” interest
“direct taxation” – so dependent on the federal government for money

Answer 5

PROVINCIAL GOV

Question 6

LEGALIZED THE ‘BALFOUR REPORT”, REPORT CAME OUT OF THE IMPERIAL CONFERENCES (HELD EVERY FOUR YEARS POST WWII WHERE MEMBER COUNTRIES OF THE BRITISH EMPIRE MET TO DISCUSS ISSUES),

Answer 6

STATUE OF WEST MINISTER

Question 7

AMENDING FORMULA: METHOD FOR MAKING CHANGES TO A CONSTITUTION, COMMONLY MUST HAVE A MINIMUM PROPORTION OF MEMBERS – SUCH AS 2/3RD OR 3/4S WHO MUST AGREE BEFORE A CHANGE CAN BE MADE

Answer 7

PATRIATION

Question 8

THE NEW DEAL WOULD RECOGNIZE QUEBEC AS A “DISTINCT SOCIETY” AND GIVE THE PROVINCES MORE POWER RELATIVE TO THE FEDERAL GOVERNMENT, ABORIGINALS WERE UPSET BECAUSE THEY WERE NOT CONSULTED

Answer 8

MEECH LAKE

Question 9

DEALT WITH THE DIVISION OF POWERS (FORESTRY, MINING, CULTURAL AFFAIRS) AND ENHANCED PROVINCIAL POWER

Answer 9

CHARLESTOWN

Question 10

THIS VOTE (UNLIKE ITS PREDECESSOR IN 1980) WOULD HAVE RESULTED IN AN IMMEDIATE DECLARATION OF SOVEREIGNTY

Answer 10

QUEBEC REFERENDUMS

Question 11

Parliamentary Supremacy – Cabinet, House of Commons and Senate, and the provincial and territorial legislatures = highest political and law-making body in the country,

Answer 11

ENGLISH COMMON LAW

Question 12

protection against unfair government treatment,

Answer 12

CANADIAN BILL OF RIGHTS

Question 13

premiers debated changes to the constitution in Victoria

Answer 13

VICTORIA CHARTER

Question 14

Entrenched Charter in our newly patriated constitution ■ CHARTER – Setts out the rights and freedoms that Canadians believe are essential in a free and democratic society

Answer 14

CHARTER

Question 15

WHAT ARE THE fundamental FREEDOMS?

Answer 15

Fundamental Freedoms - S2
Democratic Rights - s. 3-5
Mobility Rights - s. 6
Legal Rights - s. 7-14
Equality Rights - s. 15
Official Language Rights - s. 16-22
Minority Language Rights - S 23
NOTWITHSTANDING CLAUSE

Question 16

If there is an important issue the government believes needs to be dealt with, it can be passed using, Exclusions (ss 3 to 6 and 16 to 23) Time limit – 5 years, This clause allows federal or provincial governments to pass legislation that temporarily overrides certain rights and freedoms protected by the Charter.

Answer 16

Notwithstanding CLAUSE

Question 17

a law so the law is no longer in effect (M v. H)

Answer 17

STRIKING DOWN

Question 18

Force the law to apply with the charter as it is found to be generally acceptable but not in whatever the case at hand is.

Answer 18

READING DOWN

Question 19

is a law that has undergone changes or revisions. This may involve adding new provisions, modifying existing ones, or repealing certain sections.

Answer 19

AMMENDING LAW