QUIZ 2 PART 2 Flashcards by Rachel Cuatriz

Constitutions as basic rules

define the organs of govt

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

How well did you know this?

Not at all

Perfectly

Canada’s constitution

BNA Act of 1867

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

How well did you know this?

Not at all

Perfectly

Province acts

Manitoba
Ab
Saskatchewan

How well did you know this?

Not at all

Perfectly

UK statutes

Consittuional conventions
court decision interpreting constotuion
constitution act

How well did you know this?

Not at all

Perfectly

Division of powers

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

How well did you know this?

Not at all

Perfectly

taxation direct only + management & safe of public lands

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

How well did you know this?

Not at all

Perfectly

Federal dominance

disallowance and reservation

How well did you know this?

Not at all

Perfectly

Federal dominance: education

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

How well did you know this?

Not at all

Perfectly

Federal dominance: concurrent supremacy

agriculture and immigration

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

How well did you know this?

Not at all

Perfectly

Federal dominance: appointments

get to appoint senators

How well did you know this?

Not at all

Perfectly

Federal dominance: residual authority

POGG

anything not given to the provinces belong to the fed govt

How well did you know this?

Not at all

Perfectly

federal dominance:

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

phrasing
declaratory power

How well did you know this?

Not at all

Perfectly

Macdonald on the BNA

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

How well did you know this?

Not at all

Perfectly

Provincial use and raise more

money than the fed govt

How well did you know this?

Not at all

Perfectly

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

provinces has pushed back against the fed govt

ex: legislation field and stream

How well did you know this?

Not at all

Perfectly

some reasons why federal govt hasn’t dominated

The reality of Quebec

judicial rulings and wording of the BNA Act

Missing in BNA

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

Towards 1982: issues for constitutional reform

-patriation

amending formula: Britain didn’t want an amending formula

Towards 1982: entrenchments of rights

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

Towards 1982: recognition of Quebec

driving the desire in 1992 of recognition

Towards 1982: reform of central institutions

Didn’t believe the supreme court was working well

change the major central institution

key events

statute of westminister

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

key events

statute of westminister

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

Quiet revolution

transformed Quebec

became more aggressive for changes

1980 Referendum

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

Unilateral federal action and gang of 8

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

Court action

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

1981 accord

proceed w/constitutional changes

Constitution of 1982: charter of amending formula

Trudeau really wanted a charter | -the other provinces did not

Elements of compromise

notwithstanding fundamental freedoms legal rights equality rights

Provincial amending formula

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

Constitution Act: preamble

supremacy of God, Rule of law | some controversy about adding God in the constitution

Constitution Act: limits to freedoms

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

Constitution Act: democratic rights

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

Contents continued

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

Constitution & charter of 1982 revolutionary

- 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

Meech Lake accord

- quebec's voluntary acceptance of constitution critical - replacement of liberals in fed govt - replacement of PQ in provincial govt

Mastering our Future 1985 (Quebec liberals)

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