The Constitution

Question 1

constitution

Answer 1

• set of binding norms and principles that regulate the legitimate exercise of power in a state
• establishes gov’t institutions, powers, and relationships
• the basis skeleton of governance

Question 2

constitutionalism

Answer 2

a gov’t’s authority is derived from the constitution

Question 3

rule of law

Answer 3

the notion that laws, not ppl, should govern

Question 4

judicial review

Answer 4

judges interpret and apply the law

Question 5

Canadian Constitution

Answer 5

• shaped by colonial past
• institutional structures
• foundation of political and economic system
• borrowed traditions, customs, and conventions

Question 6

responsible gov’t

Answer 6

branches of gov’t hold each other accountable and if a gov’t loses the ppl’s confidence, it loses authority and can be replaced

Question 7

British North America Act of 1867

Answer 7

established the Canadian Constitution to be similar in principle to the British one

Question 8

patriation

Answer 8

rooted in tensions between English Canada and Quebec

Question 9

how did Quebec nationalism result in patriation talks?

Answer 9

• failures to amend the constitution resulted in an impasse
• nationalism raised the idea of its ‘unique status’

Question 10

Quiet Revolution

Answer 10

• occurred in the 1970s and resulted in 2 camps: ‘special status’ (PQ’s Rene Levesque) vs. bilingual Canada (Liberals’ Pierre Trudeau)

Question 11

PQ’s 1976 election

Answer 11

• kickstarted patriation, with promises of a referendum on Quebec sovereignty

Question 12

Quebec’s 1980 referendum

Answer 12

failed (60% voting Yes) due to Trudeau’s promises of a renewed federalism, new amending formula, and a bill of rights

Question 13

SCC’s role in patriation

Answer 13

• Trudeau appointed Bora Laskin to be first Jewish and youngest justice in 1970
• made him CJ in 1973, which was significant bc. he was a proponent of patriation
• granted the court more independence to hear appeals from anyone or any organization

Question 14

3 key players in the upstarted patriation talks

Answer 14

• Canada AG Jean Chrétien
• SK AG Roy Romanow
• Ont AG Roy McMurty

Question 15

Trudeau Package

Answer 15

• patriation
• Charter of Rights and Freedoms
• a domestic amending formula (initially had a veto for Q)

Question 16

Gang of Eight

Answer 16

• the eight provinces that opposed patriation
• lobbied Britain to not allow Trudeau
• proposed legislation to block reforms
• turned to the SCC regarding amendment

Question 17

Reference Re: Amendment of Constitution of Canada [1981]

Answer 17

• SCC was asked if the federal gov’t could act unilaterally to amend the constitution
• determined the action was legal (7-2)
• determined the gov’t couldn’t go thru with it due to convention (6-3)

Question 18

Trudeau’s concessions

Answer 18

• amending formula (7/10 provinces representing 50% of the population)
• the notwithstanding clause

Question 19

Night of Long Knives

Answer 19

• compromise was made between Chrétien, Romanow, and McMurtry in the middle of the night
• brought all the premiers together except Levesque

Question 20

Constitution Act,1982

Answer 20

• after the deal was ratified by 9/10 provinces and Canadian and British Parliament, the 1982 Constitution was established