QUIZ 2 PART 2 Flashcards
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
Canada’s constitution
BNA Act of 1867
- only formally written part of the constitution until 1982
- provincial terms of union, BC, PEI, NFL
Province acts
Manitoba
Ab
Saskatchewan
UK statutes
Consittuional conventions
court decision interpreting constotuion
constitution act
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
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
Federal dominance
disallowance and reservation
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
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
Federal dominance: appointments
get to appoint senators
Federal dominance: residual authority
POGG
anything not given to the provinces belong to the fed govt
federal dominance:
taxation
treaty power - negotiable treaties but cannot impose the terms of those treaties
phrasing
declaratory power
Macdonald on the BNA
the best, the cheapest, the most vigorous and the strongest system of govt we could adopt
Provincial use and raise more
money than the fed govt
some reasons why federal govt hasn’t dominated: provincial assertiveness
provinces has pushed back against the fed govt
ex: legislation field and stream
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
