quiz 2 Flashcards

1
Q

consociationalism

A

A system of
government whereby different
ethnic or cultural groups share
power, usually in the form of
a coalition government with
different parties representing the
different cultural groups in the
country.

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2
Q

Statute of Westminster

A

A law
passed by the British Parliament in
1931 that granted the dominions
in the British Empire control over
their own foreign affairs.

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3
Q

classical federalism

A

The theory
that each order of the government
in the federation is legally equal
and should operate independently
of each other.

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4
Q

asymmetrical federalism

A

A type
of federalism in which the prov-
inces exercise different powers.

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5
Q

spending power

A

The ability of
the federal government to spend
monies on programs and services
that are outside its jurisdiction.

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6
Q

opt out

A

The ability of provincial
governments to remove them-
selves from national shared-cost
programs and receive compensa-
tion from the federal government.
However, provincial governments
must still establish comparable
programs with similar standards.

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7
Q

Parti Québécois (PQ)

A

The main
sovereignist party in Québec. It is
a provincial party that is dedicated
to making Quebec a sovereign
country.

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8
Q

sovereignty-association

A

The
proposal made by René Lévesque
for a new constitutional arrange-
ment between Quebec and
Canada, where Quebec would
receive more powers and juris-
diction but would still be loosely
affiliated with Canada.

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9
Q

amending formula

A

The procedure used to amend a constitu-
tion. Before patriation, Canada
did not have its own amending
formula but instead relied on the
British Parliament for constitu-
tional amendments.

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10
Q

Quiet Revolution

A

The transformation of Quebec from a deeply
conservative society to a progressively liberal society in the 1960s.

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11
Q

mega-constitutional politics

A

The political quest for an
agreement on the fundamental
definition of the country and the
principles on which the constitution is based.

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12
Q

compact theory

A

An argument
that the Canadian constitution
represents a compact or a contract
that can only be changed with
the consent of the parties to the
contract.

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13
Q

two nations thesis

A

A version of
the compact theory, which states
that Canada was a creation of two
peoples—English and French.

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14
Q

official policy on multiculturalism

A

A policy adopted by the Liberal Party of Canada in 1971 that
declared Canada to be a bilingual
and multicultural country.

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15
Q

Front de libération du Québec
(FLQ)

A

A Quebec-based terrorist
group that sought to establish an
independent, socialist Quebec
through an armed struggle.

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16
Q

War Measures Act

A

parliament that was invoked
during wartime that curtailed civil
liberties. It was invoked during
the October Crisis in response to
the kidnappings and bombings
conducted by the FLQ. It has since
been replaced with the Emergen-
cies Act.

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17
Q

October Crisis

A

A series of events
that occurred in 1970 when the
FLQ kidnapped a British diplomat
and a Quebec cabinet minister.
The War Measures Act was invoked
in response and lasted for the
duration of the crisis.

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18
Q

Gang of Eight

A

The premiers of
eight provinces that opposed
Prime Minister Trudeau’s plan to
patriate the constitution. Only
Ontario and New Brunswick sup-
ported Trudeau, and consequently
they were not members of the
Gang of Eight.

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19
Q

7/50 rule

A

The term commonly
used for the general amending
formula for the constitution in
Canada

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20
Q

general amending formula

A

The
formula that was agreed to for
the constitution in Canada. It
stipulates that for most constitu-
tional amendments to be ratified,
the federal parliament and 7 of
10 provinces representing 50 per
cent plus one of the population
must consent. Also known as the
7/50 rule.

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21
Q

notwithstanding clause

A

Refers
to section 33 of the Constitution
Act 1982. It allows Parliament or a
legislature to enact a piece of leg-
islation that violates section 2 and/
or sections 7 to 15 of the Canadian
Charter of Rights and Freedoms. It
expires after five years, and must
be repassed if it is to remain in
effect.

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22
Q

night of the long knives

A

Refers
to the episode during the
patriation negotiations where all
provincial premiers but Premier
Lévesque of Québec were included
in a late-night, last-minute deal on
patriation.

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23
Q

unanimity amending formula

A

The unanimity amending formula
applies to the fundamental
institutions of the Canadian
political system: the Crown, the
Supreme Court, bilingualism, the
representation of the provinces in
Parliament, and changes to this
amending procedure itself.

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24
Q

Bill of Rights

A

A statute enacted
in 1960 by the government of
John Diefenbaker. It enumerated
the common law rights enjoyed
by Canadians and prohibited
discrimination based on race,
national origin, colour, religion,
or sex. The Bill of Rights was not
entrenched in the constitution; it
was a statutory law.

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25
advocacy groups
Organiza- tions representing the concerns of various social movements or economic interests. Rather than contest elections like a political party, advocacy groups seek to influence government policy from the outside. They are sometimes called interest groups, although it should be noted that this term is often used pejoratively.
26
Charter Canadians
Minority groups with a vested interest in particular sections of the Charter of Rights and Freedoms, such as section 27, which recognizes the multicultural heritage of Canada.
27
notwithstanding clause
Refers to section 33 of the Constitution Act 1982. It allows Parliament or a legislature to enact a piece of leg- islation that violates section 2 and/ or sections 7 to 15 of the Canadian Charter of Rights and Freedoms. It expires after five years, and must be repassed if it is to remain in effect.
28
limitations clause
Section 1 of the Canadian Charter of Rights and Freedoms, which enables governments to place reasonable limits on the rights guaranteed by the Charter.
29
Oakes test
A judicial test used by the Supreme Court of Canada to determine if a law is in accordance with section 1 of the Canadian Charter of Rights and Freedoms.
30
civil law
A legal system that is descended from Roman law and is still used by the non-English-speaking parts of Europe and much of Africa. Rather than relying on judge-made precedent, civil law instead uses a comprehensive civil code that is written by a legislature. In Canada, Quebec still uses civil law, and thus maintains its own civil code—the Code civil du Québec.
31
Chief Justice
The senior member of the Supreme Court of Canada.
32
administrator of Canada
A position held by the Chief Justice of the Supreme Court of Canada if the governor general dies in office.
33
treaty rights
Particular and uniquely Aboriginal rights stem- ming from the original treaties signed between Aboriginal peoples and the French and British Crowns
34
Aboriginal rights
Unique rights of Aboriginal peoples that stem from the original occupation and use of the land by Aboriginal peoples.
35
title
An Aboriginal right to own land collectively as a result of the original occupation and use of the land by Aboriginal peoples.
36
self-government
The right of Aboriginal peoples to establish, design, and administer their own governments under the constitu- tion of Canada.
37
First Nations
Groups of legal or “status Indians” living on a reserve or self-governing community. It is not a legal term; it was adopted by Aboriginal peoples themselves for political reasons.
38
internal colonialism
The politi- cal and economic subjugation of a particular group of people within a country by the government of that country.
39
residential schools
Schools that were established by the Govern- ment of Canada in conjunction with the Catholic and Anglican churches to forcibly educate Aboriginal children and assimilate them into mainstream Canadian society. The schools operated for more than a century, and the last residential school was closed in the 1990s. More than 150,000 Aboriginal children attended residential schools, where they were frequently physically and psychologically abused.
40
indian Act
Federal legislation that defines the legal status of Indian peoples in Canada and reg- ulates the management of Indian lands and reserves.
41
status cards
Cards issued by Aboriginal Affairs and Northern Development Canada to Aborigi- nal peoples registered under the Indian Act.
42
Status Indian
An Aboriginal person who is registered under the Indian Act and consequently is entitled to certain legal rights.
43
band
A group of Status Indians under the Indian Act. Many bands now prefer to be known as First Nations.
44
reserve
An area of land owned by the Crown but reserved for the use of an Indian band. Some bands have more than one reserve.
45
band council
The governing body of an Indian band under the Indian Act.
46
involuntary enfranchisement
The forcible enfranchisement of Indian individuals against their will, meaning that they lost their status as Indian. Those who were involuntarily enfranchised were essentially divorced from their community. The Government of Canada used the threat of invol- untary enfranchisement to curb Aboriginal activism.
47
White Paper on Indian Policy
A policy proposal made by the Trudeau government in 1969 to eliminate the Indian Act and Indian status and assimilate Aboriginal people into the mainstream of Canadian society. It was resolutely opposed by most Aboriginal peoples and organiza- tions in the country.
48
inherent right
Refers to Aborig- inal rights, including title and self-government, stemming from the original occupation and use of the land by Aboriginal peoples.
49
comprehensive claims
Claims that address First Nations’ rights to land and resources that are not subject to historic treaties
50
specific claims
Claims that address issues that arise when the terms of specific Aboriginal treaties are not being recognized or fulfilled.
51
extinguished rights
Those Aboriginal rights that have been expressly terminated by a lawful authority, such as the Parliament of Canada.
52
Sparrow test
A test devised by the Supreme Court of Canada that seeks to determine if a particular law constitutes a reasonable infringement of an Aboriginal right. For the law to be a reason- able infringement, it must have a valid and important legislative objective, and the honour of the Crown must be upheld by ensur- ing that meaningful consultation has occurred with the affected Aboriginal group.
53
Van der Peet test
A test devised by the Supreme Court of Canada that establishes the criteria to determine the existence of an Aboriginal right. The Supreme Court has indicated that Aborig- inal rights are those that have continuity with the practices, customs, and traditions of Aborig- inal peoples that existed prior to contact with European society.
54
2SLGBTQQIA
Two-spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex, and asexual people.
55
procedural equality
a type of equality that requires the state to apply the law in a similar fashion to all citizens regardless of differences such as gender or race
56
differential citizenship
a form of citizenship in which the state recognizes that disadvantaged groups, such as racial minorities, may require different treatment to realize their equality. differential citizenship stands in contrast to the liberal principle of procedural equality
57
mega constitutional orientations
distinct perspectives -- often associated with a particular region or group -- on the identity and fundamental principles of the body politic
58
meech lake accord
An agreement between the federal government and the provinces to amend the constitution. The recognition of Quebec as a distinct society was the centrepiece of the accord. The objective of the accord was to obtain Quebec’s consent for the Constitution Act 1982, but the accord failed when it did not receive legislative support in Manitoba and Newfoundland.
59
substantive equality
a type of equality that requires the state to apply the law differently to different groups based on their relative advantages or disadvantages so as to obtain an equal outcome or standard of living for all people
60
western alienation
The disconnection many Canadians in the Western provinces feel to the rest of Canada, and the belief that the Government of Canada tends to make policies for the benefit of the majority in Central Canada to the detriment of the West.
61
Triple-E Senate
An idea promoted by conservatives in Western Canada to make the Senate of Canada an elected chamber with an equal number of represenatives from each province, thereby creating a more effective counterbalance to the House of Commons.
62
Charlottetown Accord
An agreement between the federal government, the provinces, and Aboriginal organizations to amend the constitution. The primary objectives were to obtain Quebec’s consent for the Constitution Act 1982, establish self-government for Aboriginal peoples, and reform the Senate. The agreement failed when Canadians rejected it in a referendum in October 1992.
63
Bill C-110, An Act Respecting Constitutional Amendments
A bill introduced and passed in Parliament after the Quebec referendum in 1995 that states the federal government will consent to an amendment of the constitu- tion only if it is supported by the legislatures in the five regions of Canada: the Atlantic provinces, Quebec, Ontario, the Prairie prov- inces, and British Columbia.
64
Secession Reference Case
a case referred to the supreme court of gov of canada to determine the legality of a province separating from the federation
65
Clarity Act
A law passed by Parliament in 2000 that outlines the legal process for a province to separate from Canada.
66
critical election
An election with a sharp and durable realignment between political parties. It usually represents a more fundamental realignment of the pre-existing political cleavages within the electorate.
67
democratic deficit
Refers to a general public lack of interest in politics and more specifically to the decline in voter participation.
68
life cycle
A term used by psychol- ogists and sociologists to describe the distinct phases of life each individual goes through regardless of generation, such as being a tod- dler, attending elementary school, going to university, working in a career, and retiring.
69
cohort effect
A term used by sociologists to describe the unique characteristics of particular generations.
70
post-materialism
The shift in political values in recent times away from basic economic concerns toward social justice and environmentalism.
71
social capital
A term that describes the social benefits reaped from people participating in voluntary organizations.
72
civic virtue
A term that encap- sulates the notion that citizens have obligations to ensure the well-being of their communities
73