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

general amending formula

A

The
general amending formula
stipulates that most constitutional
amendments require the consent
of the federal Parliament and
7 of 10 provincial legislatures
representing 50 percent of the
population. Also known as the
7/50 rule.

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25
Q

7/50 rule

A

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

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26
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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27
Q

advocacy groups

A

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.

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28
Q

Charter Canadians

A

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.

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29
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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30
Q

limitations clause

A

Section 1 of
the Canadian Charter of Rights
and Freedoms, which enables
governments to place reasonable
limits on the rights guaranteed by
the Charter.

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31
Q

Oakes test

A

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.

32
Q

civil law

A

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.

33
Q

Chief Justice

A

The senior member
of the Supreme Court of Canada.

34
Q

administrator of Canada

A

A
position held by the Chief Justice
of the Supreme Court of Canada if
the governor general dies in office.

35
Q

treaty rights

A

Particular and
uniquely Aboriginal rights stem-
ming from the original treaties
signed between Aboriginal
peoples and the French and British
Crowns

36
Q

Aboriginal rights

A

Unique rights
of Aboriginal peoples that stem
from the original occupation and
use of the land by Aboriginal
peoples.

37
Q

title

A

An Aboriginal right to own
land collectively as a result of the
original occupation and use of the
land by Aboriginal peoples.

38
Q

self-government

A

The right of
Aboriginal peoples to establish,
design, and administer their own
governments under the constitu-
tion of Canada.

39
Q

First Nations

A

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.

40
Q

internal colonialism

A

The politi-
cal and economic subjugation of a
particular group of people within
a country by the government of
that country.

41
Q

residential schools

A

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.

42
Q

indian Act

A

Federal legislation
that defines the legal status of
Indian peoples in Canada and reg-
ulates the management of Indian
lands and reserves.

43
Q

status cards

A

Cards issued by
Aboriginal Affairs and Northern
Development Canada to Aborigi-
nal peoples registered under the
Indian Act.

44
Q

Status Indian

A

An Aboriginal
person who is registered under
the Indian Act and consequently is
entitled to certain legal rights.

45
Q

band

A

A group of Status Indians
under the Indian Act. Many bands
now prefer to be known as First
Nations.

46
Q

reserve

A

An area of land owned by
the Crown but reserved for the use
of an Indian band. Some bands
have more than one reserve.

47
Q

band council

A

The governing
body of an Indian band under the
Indian Act.

48
Q

involuntary enfranchisement

A

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.

49
Q

White Paper on Indian Policy

A

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.

50
Q

inherent right

A

Refers to Aborig-
inal rights, including title and
self-government, stemming from
the original occupation and use of
the land by Aboriginal peoples.

51
Q

comprehensive claims

A

Claims
that address First Nations’ rights
to land and resources that are not
subject to historic treaties

52
Q

specific claims

A

Claims that
address issues that arise when
the terms of specific Aboriginal
treaties are not being recognized
or fulfilled.

53
Q

extinguished rights

A

Those
Aboriginal rights that have been
expressly terminated by a lawful
authority, such as the Parliament
of Canada.

54
Q

Sparrow test

A

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.

55
Q

Van der Peet test

A

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.

56
Q

2SLGBTQQIA

A

Two-spirit, lesbian,
gay, bisexual, transgender, queer,
questioning, intersex, and asexual
people.

57
Q

procedural equality

A

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

58
Q

differential citizenship

A

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

59
Q

mega constitutional orientations

A

distinct perspectives – often associated with a particular region or group – on the identity and fundamental principles of the body politic

60
Q

meech lake accord

A

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.

61
Q

procedural equality

A

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

62
Q

substantive equality

A

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

63
Q

western alienation

A

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.

64
Q

Triple-E Senate

A

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.

65
Q

Charlottetown Accord

A

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.

66
Q

Bill C-110, An Act Respecting
Constitutional Amendments

A

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.

67
Q

Secession Reference Case

A

a case referred to the supreme court of gov of canada to determine the legality of a province separating from the federation

68
Q

Clarity Act

A

A law passed by
Parliament in 2000 that outlines
the legal process for a province to
separate from Canada.

69
Q

critical election

A

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.

70
Q

democratic deficit

A

Refers to a
general public lack of interest in
politics and more specifically to
the decline in voter participation.

71
Q

life cycle

A

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.

72
Q

cohort effect

A

A term used
by sociologists to describe the
unique characteristics of particular
generations.

73
Q

post-materialism

A

The shift in
political values in recent times
away from basic economic
concerns toward social justice and
environmentalism.

74
Q

social capital

A

A term that
describes the social benefits
reaped from people participating
in voluntary organizations.

75
Q

civic virtue

A

A term that encap-
sulates the notion that citizens
have obligations to ensure the
well-being of their communities

76
Q
A