timeline of the Canadian charter Flashcards
You must be able to identify the Magna Carta by definition
Magna Carta is an early legal document that built into law many of the ideas and concepts that created stepping stones on the road to modern democracy. Magna Carta means “Great Charter” in Latin
Under what circumstances did King John sign the Magna Carta
John became the king of England and made many powerful enemies in June 1215 angry nobles forced a meeting with King John in a meadow called runnymede where they insisted that John put his seal on the Magna Carta.
Define Habeas Corpus
The legal concept that an accused person cannot be jailed indefinitely without being charged with a crime the court must consent.
Criminal case
If you see “R.” (or “The Crown”) vs. a person, it’s a criminal case.
Case format: R. v. Defendant (e.g., R. v. Smith)
“R.” stands for Rex (King) or Regina (Queen), representing the state.
Civil case:
If you see two individuals or companies suing each other, it’s a civil case.
Case format: Plaintiff v. Defendant (e.g., Jones v. Smith).
The names are two private parties, not the government.
Ex. Langille et el v McGrath (2000) N.B.Q.B 233 N.B.R (2d) 29
Study the aspects of the BNA Act
Outlines the power of the Canadian government to make laws and established the levels of governments for making law (federal/provincial)
Each level (federal/provincial) has exclusive control over their responsibilities, but the federal government could overrule a provincial law if in the best interest of all Canadians
Also residual power goes to the federal government
Included: UK parliament
Monarch (queen/King of Britain) of head of state
Principle of rule of Law
What are the Big Ideas in the Magna Carta? (there are 4)
1.Nobody is above the 2.law of the land
3.Habeas corpus
Trial by jury
4.Women’s rights
Pierre Trudeau - what was he responsible for
Pierre Trudeau responsible for significant political and social changes. He introduced the Charter of Rights and Freedoms (1982) and patriated the Constitution, giving Canada full control over its laws. He promoted bilingualism through the Official Languages Act (1969) and embraced multiculturalism (1971). Trudeau expanded social programs, opposed Quebec separatism, and invoked the War Measures Act (1970) during the October Crisis.