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Poli 321 Quiz 3 > power point 1 > Flashcards

power point 1 Flashcards

1
Q

MLA contents: distinct society

A 
-quebec 
interpretive clause (meanings)
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2
Q

MLA contents: immigration

A

quebec immigration proportionate to population

can exceed 5%

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3
Q

MLA contents: Supreme Court

A

3 from Quebec,
solely made from a list made from the Quebec govt,

other provinces =federal

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4
Q

MLA contents: spending power

A

compensation for opting out of shared cost programmes

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5
Q

MLA contents: amending formula

A

compensation, more unanimity

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6
Q

MLA contents: senate reform

A

appointments from lists

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7
Q

MLA contents

A 
distinct society
immigration
supreme court
spending power 
amending formula 
senate reform 
more conferences
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8
Q

MLA

A

Meech Lake accord

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9
Q

Critique of MLA

A
  1. Process: 11 white men in a room
  2. hierarchy
    - all about Quebec
  3. Supreme Court: gridlock
    - no provisions about gridlock
  4. federal power weakened
  5. amending formula
    - the rights of every province vary
  6. non discussion of aboriginal issues
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10
Q

Charlottetown Accord

A
  1. Spicer Commission
    - “Shaping Canada’s Future together”
  2. special joint commission
  3. 6 national hearings across the country
  4. variety of Provincial Hearings
  5. Aboriginal organizations consulted aboriginal peoples
    - about changes they wanted to see
  6. Broader participation at final state
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11
Q

Parliament

A
  1. Senate Equal (6 per province, 1 per territory)
  2. elected by either people of province or legislature at time of federal election
  3. effective
    - not confidence chamber
    - veto natural resources, matters relating to language
    - money bills 30 day delay
    - other matters in conflict resolved by joint sitting
  4. commons - 18 more seats to Ontario & Quebec
    - no fewer than 95% of seats if rep by pop
    - 25% guarantee to Quebec
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12
Q

Other Charlottetown Contents

A
  1. Social & Economic Union
  2. Supreme Court as per MLA
  3. Jurisdictional Matters
    - spending power as per MLA
    - Exclusive provincial jurisdiction recognized in 8 areas
    - disallowance & reservation removed
  4. Amending Formula as per MLA
    - but new provinces could be created by feds with no role in amending formula
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13
Q

Aboriginal Matters

A
  1. Inherent right to self govt (one of 3 orders of govt)
  2. Delayed justiciability (5 years)
  3. Charter applies
  4. No new land rights
  5. Commitment to negotiate jurisdiction, land & resources, fiscal and financial arrangements
  6. Treaties interpreted in ‘just, broad & liberal manner’
  7. Future first ministers conferences
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14
Q

To change the constitution we need to have a

A

referendum

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15
Q

Post Charlottetown

A
  1. quebec 95 referendum
    - yes 49.4 No. 50.6
    - turnout 92%
    - almost 60% of Francophones voted yes
  2. Constitutional Amendments
    - 1994 PEI & Ferry Service
    - 1996 NFLD reduced role of churches in school system
    - 1998 Quebec school boards changed from religious to linguistic basis
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16
Q

Post 95 referendum

A
  1. Parliament recognizes Quebec as distinct society
  2. parliament requires regional approval of amendments
    - will not approve an amendment unless the provinces agreed
  3. supreme Court reference: no right to separation
  4. Calgary declaration
17
Q

Calgary Declaration

A
  1. All Canadians are equal
  2. All provinces have equal status
  3. Canada is graced by a diversity, tolerance, compassion and equality of opportunity that is w/o rival in the world
  4. gift of diversity includes: Aboriginals, vitality of English and French languages, multicultural citizenry
  5. unique character of Quebec society, role of its govt to protect and develop that unique character
  6. all powers given to one province must be available to all
18
Q

The Charter and the Courts

A

Judicial branch of govt
-external review of govt action

Judicial power based on

  • independence
  • review
  • –full
  • – limited

interpretation

  • judicial conservatism or restraint
  • –intent of framers
  • judicial activism
  • –living tree
19
Q

Judicial operating principles

A 
presumption of innocence
adversarial
stare decisis 
-the legal principle of determine points in litigation according to precedent 
-binding precedent 
-persuasive precedent
20
Q

Legislative powers of Cdn judges

A
  • interpret common law
  • interpret statutes
  • umpire division of power
  • apply and give meaning to Charter
21
Q

Court Structure

A

British Court

  • JCPC (judicial committee of the Privy Council)
  • any decision the SCC made could be appealed by the JCPC

Federal Courts

  • supreme court
  • federal court

Appeal courts (highest courts)

  • superior courts
  • provincial courts
22
Q

Canadian Judicial review

A

JCPC and Supreme Court

  • Intra Vires - within the power of the govt
  • ultra vires - beyond the power of the govt
  • JCPC reduce power of fed govt
  • Supreme Court more sympathetic to fed claims
23
Q

Supreme Court Appointments

A
  • evolving
  • power rests with Federal Cabinet
  • Nominees apply and are vetted by independent and non partisan advisory board
  • complete Questionnaire
  • PM recommends appointment to GG
  • House and Senate justice committees an opportunity to ask Nominee questions
  • no power of veto
24
Q

Constitution and courts

A

reference cases

application, interpretation, review

Poli 321 Quiz 3 (3 decks)

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