Unit 1- part 2

Question 1

Why did Canada running smoothly, as it does today, with the fed and prov gov’ts having seperate responsibilities not come about smoothly?

Answer 1

Because it took quite a long process for Canadian members of gov’t to have full control over Canada without influence and demands from our British mother country.

Question 2

What are the five steps leading to Canada’s independence and control of Canada?

Answer 2

1. British North America Act 1867
2. The Constitution Act 1867
3. Statute of Westminster
4. The (new) Constitution Act 1982
5. Third Level of Government Added

Question 3

What was the BNA Act 1867?

Answer 3

Even though the Province of Canada was created, Britain still controlled Canada’s foreign affairs. Because of this whenever Britain went to war, Canada joined.

Question 4

What was the Constitution Act of 1867?

Answer 4

This act created the new Dominion of Canada (made up of two provinces and two colonies). Was the explanation for the division of responsibilities between the fed and prov levels of gov’t. This was. British document, so it was kept in Britain and they had control over it.
THIS IS THE SAME AS THE BNA ACT!

Question 5

What was the Statute of Westminster?

Answer 5

Canada was given the freedom to make their own foreign affairs decisions. The Statute of Westminster (parliament-created law) was passed in Britain, granting Canada their independence as their own nation, no longer a British colony. When WWII began, Canada joined as an independent country, no longer bound by Britain, though some decision-making was still controlled by Britain.

Question 6

What was the (new) Constitution Act of 1982?

Answer 6

Any changes to Constitution needed Britain’s approval, was problematic for Canada as an independent nation. When Britain allowed Canada its own Constitution (created and kept in Canada), it was difficult for the provinces to decide on what responsibilities would be controlled by the fed and prov gov’ts. This documents also included section 24, the Charter of Rights and Freedoms.

Question 7

What was Third Level of Government Added?

Answer 7

The Constitution Act only created the Federal and Provincial gov’ts. The Province’s created a third level, which was local municipalities. The pis level of government controls activities of local communities by passing bylaws, including things like building permits, emergency services, etc.

Question 8

What was Patriation?

Answer 8

When, in 1982, Canada’s Constitution was transferred to Canada, making Canada a tryly independent country.

Question 9

What are the federal government powers (s. 91)?

Answer 9

• create peace, law, and order
• criminal law
• unemployment insurance
• banking, currency, coinage
• federal penitentiaries
• marriage and divorce
• postal services
• aboriginal peoples/their land

Question 10

What are provincial government powers (s. 92)?

Answer 10

• property and civil rights
• marriage ceremonies
• police forces and provincial courts
• highway and roads
• provincial jails
• hospitals

Question 11

How is health care divided between fed and prov gov’ts?

Answer 11

Federal gov’t sets the standard for health care delivered, provincial gov’ts are the ones responsible for applying health care and meeting those standards.

Question 12

Why did the premiers of provinces challenge the new Constitution?

Answer 12

Because the old Constitution was created when their were only four provinces. For the patriated Constitution in 1982, there were ten provinces formally becoming one nation, byt the premiers were nervous and suspicious so they fought for as much provincial control of possible.

Question 13

The Charter does the same two things as the Constitution Act attempted to do:

1. ___
2. ___

Answer 13

1. Protect the individual

2. Protect society as a whole

Question 14

What are the four steps to deciding if your case is a Charter case?

Answer 14

1. Decide if the Charter applies
2. Figure out if a Charter right or freedom has been infringed (violated)
3. Check to see if the reasonable limits clause justifies the infringement
4. If not, see if there is a remedy provided under the Charter.

Question 15

Why were the Reasonable Limits/Notwithstanding Clases included in the Charter?

Answer 15

So there is flexibility in determining the actual application of it. These classes were created so that, in very specific situations, it would be possible to override the fundamental freedoms and rights of the Charter.

Question 16

What is the Reasonable LImits Clause?

Answer 16

The black door that allows Jude’s to determine whether the application of these laws is reasonable in a particular situation or whether it is limiting. They als oh age to consider whether the law being questioned is a justifiable one in a free and democratic society.
Example: The mobility rights of Canadians are entrenched. A prisoner in a federal penitentiary could say his Charter rights of mobility are not being allowed. According to the reasonable limits clause, the gov’t does have the right to restrict the mobility of a prisoner and it is also proven justified in a free and democratic society, to ensure the protection of the greater whole.

Question 17

What is the notwithstanding clause?

Answer 17

This allows provinces to opt out of provisions made by the charter only in areas of legislation that ply to provincial matters. There was concern when accepting the Charter that the new document wold override all laws and give too much power to the judiciary to interpret thsoe laws. If left as is, the judiciary (Supreme Court) would have the right to override even parliamentary gov’ts. the notwithstanding clause was included to protect provinces from this situation.

Question 18

What does the notwithstanding clause give the provinces the power to do?

Answer 18

Create a laws that exists in spite of the Chartr. The lease may exist regardless of its violation of the Chartr and the judiciary no longer has the power to force a change for that laws, for as long as five years.

Question 19

What do the opt out areas include?

Answer 19

1. The fundamental freedoms
2. Legal rights
3. Equality rights

Question 20

What are areas of the charter that cannot be overridden with the opt out clause?

Answer 20

1. Democratic rights
2. Mobility rights
3. Language rights
4. Minority language education rights.

Question 21

What were three examples of when the notwithstanding clause has been used by provincial governments?

Answer 21

1. Quebec 1882-1885 Aftremath of Patriation: they used the notwithstanding clause to protect them from the obligations of the Charter (because they didn’t accept).
2. Saskatchewan 1986 Back-to-work legislation: the gov’t mandated workers to return to their jobs to protect the people, but by doing so they violated the “right to strike” protected by the Charter.
3. Alberta 2000 same-sex marriage: Alberta gov’t reaffirmed the definition of marriage, hoping to use the notwithstanding clause to protect them from the Supremem Court’s decision when the Supremem Court was reviewing the constitutionality of refusing same-sex marriage, but it was found that the bill was actually outside the jurisdiction of the province.

Question 22

What are the four fundamental freedoms?

Answer 22

1. Freedom of conscience and religion- free to practice any religion or aspect of religion
2. Freedom of thought, belief, opinion, and expression- we can express ourselves (within limits), reasonable restrictions: 1) cannot target groups based on religion, race, etc., 2) illegal to spread hate, 3) obscene images are prohibited.
3. Freedom of peaceful assembly- peacefully demonstrate or petition, police can charge you with “unlawful assembly” or “rioting”.
4. Freedom of association- right to join together in groups (Union), restrictions can be made to prevent gangs.

Question 23

What are democratic and mobility rights?

Answer 23

Democratic: every citizen has the right to vote, 18 years +, elections are every 5 years, parliament must sit once in 12 months.
Mobility: exit and return to Canada, move between provinces

Question 24

What are legal rights?

Answer 24

Proper procedures regarding searches, arrest, detention

Question 25

What is S. 7, life, liberty, and security of person?

Answer 25

Crown is required to tel the accused what evidence they have against them (right to be informed to defend yourself)

Question 26

What is S. 8, search as seizure laws?

Answer 26

Security against unreasonable search/seizure, police have to justify taking evidence/must act fairly.

Question 27

What is S. 9, 10, detention and arrest?

Answer 27

Right to not be arbitrarily detained/imprisoned, right to be promptly informed of reason for arrest, right to a lawyer.

Question 28

What is S. 11, right on being charged with an offence?

Answer 28

Rights at trial-right to know the offence charged, right to be tried in a timely manner, cannot be forced to testify, cannot be denied bail without good reason.

Question 29

What is S. 12 cruel and unusual punishment?

Answer 29

Determined penalty limits (max/minimum), ex. First degree murder=minimum of 25 years.

Question 30

What is S. 13, self ubcrunubatuib and ulterior enter rights?

Answer 30

Cannot be discriminated against on the grounds of…

• race
• nationality
• ethnic origin
• age
• mental ability
• physical ability
• sexual orientation
• marital status

Question 31

What is S. 7, language rights and general rights?

Answer 31

S. 16-22- proclaims English and French as Canada’s two official languages
S. 32- rights for minority education

Question 32

What are four examples of discrimination from Canada’s history?

Answer 32

1. 1884- Indian Act outlaws religious ceremonies
2. 1914- Ukrainian/German Canadians interned during the war
   1928- Alberta government passes law ordering sterilization of patients in psychiatric hospitals
3. 1942- Japanese Canadians are moved to internment camps in central Canada; their property sold/removed under the War Measures Act