QUIZ 2 PART 2

Question 1

Constitutions as basic rules

Answer 1

define the organs of govt

• define relations among organs of government
• define relations between govt and people
• provide symbol of unity

Question 2

Canada’s constitution

Answer 2

BNA Act of 1867

• only formally written part of the constitution until 1982
• provincial terms of union, BC, PEI, NFL

Question 3

Province acts

Answer 3

Manitoba
Ab
Saskatchewan

Question 4

UK statutes

Answer 4

Consittuional conventions
court decision interpreting constotuion
constitution act

Question 5

Division of powers

Answer 5

Fed govt
-POGG
-Residual Grant
29 enumerated powers - anything that doesn’t belong to the provinces belongs to the federal govt

remedial power- re-education
allows the fed govt, if they interfere with the religious school rights the fed, provincial area of responsibility

provinces
-16 specific powers
MUSH: municipalities, universities, schools, health

Question 6

taxation direct only + management & safe of public lands

Answer 6

• the constitution becomes more complex regarding aboriginal
• natural resources and land - assigned to the provinces
• no resolution

Question 7

Federal dominance

Answer 7

disallowance and reservation

Question 8

Federal dominance: education

Answer 8

-allows the fed govt, if they interfere w/ the religious school rights the fed can pass laws in a provincial area of responsibility

Question 9

Federal dominance: concurrent supremacy

Answer 9

agriculture and immigration

• federal and the provinces has responsibility
• when both have some form of responsibility the federal law takes precedence

Question 10

Federal dominance: appointments

Answer 10

get to appoint senators

Question 11

Federal dominance: residual authority

Answer 11

POGG

anything not given to the provinces belong to the fed govt

Question 12

federal dominance:

Answer 12

taxation
treaty power - negotiable treaties but cannot impose the terms of those treaties

phrasing
declaratory power

Question 13

Macdonald on the BNA

Answer 13

the best, the cheapest, the most vigorous and the strongest system of govt we could adopt

Question 14

Provincial use and raise more

Answer 14

money than the fed govt

Question 15

some reasons why federal govt hasn’t dominated: provincial assertiveness

Answer 15

provinces has pushed back against the fed govt

ex: legislation field and stream

Question 16

some reasons why federal govt hasn’t dominated

Answer 16

The reality of Quebec

judicial rulings and wording of the BNA Act

Question 17

Missing in BNA

Answer 17

Amending formula
no symbol of unity
no full description of institutions
statement of citizens rights

Question 18

Towards 1982: issues for constitutional reform

Answer 18

-patriation

amending formula: Britain didn’t want an amending formula

Question 19

Towards 1982: entrenchments of rights

Answer 19

• move beyond, diefenbakers bill of rights
• simple act fo the govt could use at anytime
• was not entrenched

Question 20

Towards 1982: recognition of Quebec

Answer 20

driving the desire in 1992 of recognition

Question 21

Towards 1982: reform of central institutions

Answer 21

Didn’t believe the supreme court was working well

change the major central institution

Question 22

key events

Answer 22

statute of westminister

• 1931 Britain their laws would no longer be binding
• gave up formal authority to make laws on behalf of its dominions

Question 23

key events

Answer 23

statute of westminister

• 1931 Britain their laws would no longer be binding
• gave up formal authority to make laws on behalf of its dominions

Question 24

Quiet revolution

Answer 24

transformed Quebec

became more aggressive for changes

Question 25

1980 Referendum

Answer 25

have the right of separation from Canada

-fed govt and Trudeau promise Quebec that if you vote no, we will deliver constitutional change to Canadians

Question 26

Unilateral federal action and gang of 8

Answer 26

8 opposed
every provincial govt except NB & Ontario
forced provinces to negotiate

Question 27

Court action

Answer 27

• Ottawas did not need provincial consent
• convention suggests that some level of provincial consent required
• unanimous consent not required

Question 28

1981 accord

Answer 28

proceed w/constitutional changes

Question 29

Constitution of 1982: charter of amending formula

Answer 29

Trudeau really wanted a charter

-the other provinces did not

Question 30

Elements of compromise

Answer 30

notwithstanding
fundamental freedoms
legal rights
equality rights

Question 31

Provincial amending formula

Answer 31

Provinces wanted no chance the fed govt could change the constitution
basic part 4
7/50
opting out

Question 32

Constitution Act: preamble

Answer 32

supremacy of God, Rule of law

some controversy about adding God in the constitution

Question 33

Constitution Act: limits to freedoms

Answer 33

conscience, religion, thought, belief, opinion, expression, assembly, association, press

Question 34

Constitution Act: democratic rights

Answer 34

vote or stand for office, 5 year limit, annual meeting

• legislatures and the house of commons meet at least once a year
• everyone has the fundamental freedoms
• democratic rights = everyone in Canada who is a citizen

Question 35

Contents continued

Answer 35

mobility
legal
equality 
minority education
official languages (English and French)

Question 36

Constitution & charter of 1982 revolutionary

Answer 36

• repudiated parliamentary sovereignty
• constitution about citizens not just govts
• rights-bearing citizens can make claims
• deference to political elite weakened
• provincial variation reduced
• power of courts increased
• litigation becomes a vehicle for social change

Question 37

Meech Lake accord

Answer 37

• quebec’s voluntary acceptance of constitution critical
• replacement of liberals in fed govt
• replacement of PQ in provincial govt

Question 38

Mastering our Future 1985 (Quebec liberals)

Answer 38

conditions for signing the constitution

• recognition as a distinct society
• strength provl role in immigration
• provincial role in supreme court appointments
• limits on Federal spending power
• constitutional veto