unit 1 WRITTEN AND UNWRITTEN CONSTITUTION Flashcards

1
Q

Constitution

A

 laws of the land
 written constitution originally BNA ACT
o originally Bill of Rights now is Charter of Rights and Freedoms
o description of the powers of the government (provincial and federal)

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2
Q

History of the Constitution

A

 1960 Diefenbaker (head of government) passed the Canadian Bill of Rights
 1982 it became a law in the Constitution

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3
Q

 Fundamental Freedoms:

A
  • conscience
  • religion
  • thought
  • belief
  • expression
  • peaceful assembly
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4
Q

 Equality Rights:

A

• Everyone is equal before and under the law

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5
Q

 Mobility Rights:

A
  • Right to move

* Right to take up residence anywhere in Canada

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6
Q

 Language Rights:

A

• Court trial in English and/or French

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7
Q

o amending formula

A

o amending formula = federal government with 7/10 provinces agreement and ½ the population’s agreement

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8
Q

o notwithstanding clause

A

 the charter allows the governments a clause to pass a law even if the law violates a specific freedom or right guaranteed in the charter
 only Saskatchewan and Quebec have used it

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9
Q

 unwritten constitution

A

o based on tradition
o federal system
 provinces act on their own behalf of their own residents
 large matters are dealt by the central government in Ottawa
 responsible for nation matter
o provincial government is responsible for their province’s

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10
Q

 federal responsibilities:

A
o	national defense
o	foreign policy
o	postal services
o	marriage and divorce
o	criminal law
o	federal prisons
o	copy right laws
o	aboriginal affairs
o	international trade
o	passports/citizenships
o	social insurance numbers
o	transportation
o	employment insurance
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11
Q

 shared responsibilities:

A
o	immigration
o	agriculture
o	farming
o	health care
o	natural resources
	environmental issues
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12
Q

 provincial responsibilities

A
o	minor everything federal
o	education
o	licenses
o	manage their own natural resources
o	health and services
	hospitals
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