unit 1 WRITTEN AND UNWRITTEN CONSTITUTION Flashcards
Constitution
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)
History of the Constitution
1960 Diefenbaker (head of government) passed the Canadian Bill of Rights
1982 it became a law in the Constitution
Fundamental Freedoms:
- conscience
- religion
- thought
- belief
- expression
- peaceful assembly
Equality Rights:
• Everyone is equal before and under the law
Mobility Rights:
- Right to move
* Right to take up residence anywhere in Canada
Language Rights:
• Court trial in English and/or French
o amending formula
o amending formula = federal government with 7/10 provinces agreement and ½ the population’s agreement
o notwithstanding clause
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
unwritten constitution
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
federal responsibilities:
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
shared responsibilities:
o immigration o agriculture o farming o health care o natural resources environmental issues
provincial responsibilities
o minor everything federal o education o licenses o manage their own natural resources o health and services hospitals