unit 1: chapter 3, legal foundations Flashcards
BNA Act (1867)
- passed by British parliament
- NM, NS, QC, ON - 4 colonies unified in one country
- could not make law or stage agreement without British approval
intra vires
WITHIN THE POWER of a governing body to pass law
ultra vires
BEYOND THE POWER outside the power of governing body to pass a particular law
Statue of WestMINSTER (1931)
-was one of the most important changes to the BNA Act
- greatly extended the law making power of Canada
- but still needed Britain’s approval to change its own constitution
problems with patriating the constitution
- Canada didn’t enjoy total independence from Britain every time we wanted to add laws to the Constitution we needed the British parliament’s permission. New Zealand and Australia gained independence following WWI, but Canada couldn’t decide on how to divide its law making power between the provinces and the federal government
- The BNA Act was confusing around which level of gov’t should take responsibility over natural resources. Fisheries were controlled by the federal gov’t but timber and other resources were controlled by the provinces, and because of this the gov’t fought over who should manage other resources.
- the provinces could not agree with Ottawa on issues like language rights, civil liberties, sharing natural resources
- so patriating our constitution dragged on for 50 yrs
ConstTITtion act 1982
- numerous attempts to reach an agreement between the provinces and Ottawa failed; Quebec would never sign what the others agreed to
- Trudeau decided to do it without Quebec
- finally, the constitution was brought home (patriated) in 1982 with a visit from Queen Elizabeth
key elements
- equalization of services across Canada
- clearer understanding of responsibility for natural resources
- formula for amending the constitution in the future
- a charter guaranteeing rights and freedoms
Canada’s Constitution now consists of 3 elements
- The BNA Act 1867
- The Constitution Act 1982
- The Charter of Rights and Freedoms
excutive branch
- made up of the prime minister or provincial premier and members of cabinet
- proposes legislation
- administers laws
- controls government spending
legislative branch
- made up of elected members of parliament or provincial legislature, and (federal only) appointed senators
- proposes legislation
*enacts, changes, and repeals laws
judicial branch
- judges appointed by gov’t but
independent of gov’t - determines if law complies with the
Charter of Rights and Freedoms
the role of the judiciary
The judiciary has become more important since 1982 because of the introduction of the Charter of Rights and Freedoms. Now judges are expected to interpret all law in light of the protections provided in the Charter.
When a judge determines that a law violates the Charter, the Court may:
* strike down the law, or
* rule that it must be amended to conform to the Charter.
However, if the government still believes the law is in the best interests of the people it may invoke the Notwithstanding Clause to override the decision of the Court.
how a bill becomes law
bill - idea for a law is proposed in the leislature by the Executive
DRAFT LEGISLATION - lawyers write up the ideadi int legal terminolgy
FIRST READING - ministers disscus the purpose, get feed back from oppostion
SECOND READING - bill is debated, revision made
THIRD READING - final debtae, vote held
(at the fedreal level, above steps are repteated in the senate)
ROYAL ASSENt - bill is proclaimed into law with signature of queens rep
lobby groups
try to convice legislators to make laws that htey like
royal commisions
investigate national conceren to see if changes in law need to be made
