Session 4 - Part 2, Chapter 5 – The Legislature: The First Branch of Government Flashcards
Canadian Legislative Power: What is the separation-of-powers doctrine and how does it apply in Canada?
Bicameral
A legislature with two houses involved in the passage of legislation.
Bill
A draft version of a proposed new statute.
Commencement Section
A section that specifies when a statute comes into effect.
Consequential Amendment Section
A section amending existing legislation to align it with a new statute.
Constitution Act, 1867
A key constitutional statute that created the Dominion of Canada and established the division of powers between the federal and provincial governments.
Constitution Act, 1982
A constitutional statute that patriated the Canadian Constitution, introduced the Charter of Rights and Freedoms, and established the amending formula.
Devolution
The transfer of power from a central government to regional or local governments.
Double-Aspect Law
A law whose subject matter falls under both federal and provincial jurisdiction.
Enabling Section
A section in a statute that authorizes the creation of regulations.
Federal Paramountcy Doctrine
The doctrine stating that federal law prevails over conflicting provincial law in areas of concurrent jurisdiction.
Incidental Effects Doctrine
The doctrine stating that legislation is valid even if it has incidental effects on matters outside the enacting legislature’s jurisdiction.
Interjurisdictional Immunity
The principle that protects the core areas of jurisdiction of each level of government from being impaired by legislation from the other level.
Mischief Rule
A rule of statutory interpretation that considers the problem or “mischief” that the statute was intended to address.
Parliamentary Sovereignty
The doctrine that Parliament has supreme legislative authority and can enact any law it chooses.
Quasi-Legislative Materials
Non-legislated rules or guidelines, such as policy statements, that are not legally binding but can influence legal decisions and processes.
Separation-of-Powers Doctrine
The principle that divides governmental power among three branches: legislative, executive, and judicial, to prevent the concentration of power.
Subordinate Legislation
Legislation made by a body or person other than the primary legislature, under the authority delegated by a statute.
Supremacy Clause
Section 52(1) of the Constitution Act, 1982, declaring the Constitution of Canada as the supreme law of the land.
Unicameral
A legislature with only one chamber or house.
What are the different types of statutes in Canada?
Constitutionally entrenched statutes: These hold paramount importance and require a special amendment process outlined in the Constitution Act, 1982. They include key statutes like the Constitution Act, 1867, the Statute of Westminster 1931, and the Canada Act 1982.
Federal statutes: These are laws enacted by the Canadian Parliament, covering matters of national significance like criminal law, trade, and commerce.
Provincial statutes: Each province has its legislature enacting laws within their jurisdiction, such as property rights, education, and healthcare.
Territorial statutes: Territorial assemblies have delegated powers, similar to provinces, granted by federal statutes, to enact laws for their respective territories.
What are the key elements of a statute and how can they assist in interpretation?
A statute typically includes:
Title: This indicates the statute’s subject matter.
Preamble: A brief introductory statement that outlines the statute’s purpose.
Parts: Divisions within a lengthy statute that group related sections together.
Sections: The basic units of a statute, containing specific legal provisions.
Schedules: Supplementary information presented in tables or lists.
How are statutes cited? (name)
neutral citation
How are statutes cited? (steps)
Accurate citation is essential for legal professionals and researchers. Statute citations typically include:
The statute’s title.
The abbreviation for the enacting jurisdiction (e.g., SC for federal statutes, RSC for revised statutes of Canada).
The year of enactment or publication.
The chapter number assigned to the statute.
Specific sections within a statute are cited using “s.” for a single section and “ss.” for multiple sections.
