Session 4 - Part 2, Chapter 5 – The Legislature: The First Branch of Government

Question 1

Bicameral

Answer 1

A legislature with two houses involved in the passage of legislation.

Question 2

Bill

Answer 2

A draft version of a proposed new statute.

Question 2

Commencement Section

Answer 2

A section that specifies when a statute comes into effect.

Question 3

Consequential Amendment Section

Answer 3

A section amending existing legislation to align it with a new statute.

Question 4

Constitution Act, 1867

Answer 4

A key constitutional statute that created the Dominion of Canada and established the division of powers between the federal and provincial governments.

Question 5

Constitution Act, 1982

Answer 5

A constitutional statute that patriated the Canadian Constitution, introduced the Charter of Rights and Freedoms, and established the amending formula.

Question 6

Devolution

Answer 6

The transfer of power from a central government to regional or local governments.

Question 7

Double-Aspect Law

Answer 7

A law whose subject matter falls under both federal and provincial jurisdiction.

Question 8

Enabling Section

Answer 8

A section in a statute that authorizes the creation of regulations.

Question 9

Federal Paramountcy Doctrine

Answer 9

The doctrine stating that federal law prevails over conflicting provincial law in areas of concurrent jurisdiction.

Question 10

Incidental Effects Doctrine

Answer 10

The doctrine stating that legislation is valid even if it has incidental effects on matters outside the enacting legislature’s jurisdiction.

Question 11

Interjurisdictional Immunity

Answer 11

The principle that protects the core areas of jurisdiction of each level of government from being impaired by legislation from the other level.

Question 12

Mischief Rule

Answer 12

A rule of statutory interpretation that considers the problem or “mischief” that the statute was intended to address.

Question 13

Parliamentary Sovereignty

Answer 13

The doctrine that Parliament has supreme legislative authority and can enact any law it chooses.

Question 14

Quasi-Legislative Materials

Answer 14

Non-legislated rules or guidelines, such as policy statements, that are not legally binding but can influence legal decisions and processes.

Question 15

Separation-of-Powers Doctrine

Answer 15

The principle that divides governmental power among three branches: legislative, executive, and judicial, to prevent the concentration of power.

Question 16

Subordinate Legislation

Answer 16

Legislation made by a body or person other than the primary legislature, under the authority delegated by a statute.

Question 17

Supremacy Clause

Answer 17

Section 52(1) of the Constitution Act, 1982, declaring the Constitution of Canada as the supreme law of the land.

Question 18

Unicameral

Answer 18

A legislature with only one chamber or house.

Question 19

What are the different types of statutes in Canada?

Answer 19

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.

Question 20

What are the key elements of a statute and how can they assist in interpretation?

Answer 20

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.

Question 21

How are statutes cited? (name)

Answer 21

neutral citation

Question 22

How are statutes cited? (steps)

Answer 22

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.