Unit 2: Charter Of Rights And Freedoms Flashcards
What is the Governor General?
Governor General is a representative of the king at the federal level in Canada. They are the last to sign off on laws being passed.
What is a notwithstanding clause, and the three sections that it can’t overrule?
A notwithstanding clause is when a provincial or territorial gouvernement enacts legislation despite it potentially violating the charter of rights and freedoms.
-mobility rights
-right to vote
-minority language education rights
What is a statue law? (Matching)
A statue law is a law that is passed by the federal government from a bill.
What is ultra vires?
Ultra vires - beyond the legal authority and power of the government
What is intra vires? (Matching)
Intra vires- within the authority and power of the government
What did John Diefenbaker do?
(Matching)
John Diefenbaker passed the Canadian Bill of Rights in 1960.
What did Pierre Trudeau do?
Believed in right and just society
Pierre Trudeau added to the Canadian Bill of Rights, he added:
-civil right and freedoms
-Guarantees it at all levels
What is a bill?
A bill is a law that the government proposes.
How does the charter work?
The charter protects the basic rights of all Canadians.
Limits the power of the government.
What are the levels of government?
Federal government- Canada
Provincial government- Saskatchewan
Municipal government- Prince Albert
How are laws passed?
House Of Commons:
- FIRST READING: Bill gets introduced by a cabinet minister or private member and first vote gets taken
-SECOND READING: Bill introduced again and debated, second vote is taken
-COMMITTEE STAGE: Bill gets sent to committee and is studied, changes (amendments) are often made
THIRD READING: Briefly debated and third vote is taken
Senate:
Same three readings and committee stage as House of Commons, if bill passes all three votes it is sent to governor general
Governor General:
signs bill to become a law
Name a historic event leading to the creation of the charter of rights and freedoms and explain how it contributed.
In 1215 King John signed the Magna Carta. This was historic because it limited the monarch’s power, which was once absolute.
What is case law?
As the number of judges and cases increased, recording decisions became necessary (Similar to common law).
What is the constitution act?
In 1982 Britain (the queen) signed a new constitution document which made Canada a independent country.
