Unit 2: Rights and Freedoms Unit Test Review Flashcards
Constitution
Provides the basic framework for the nation’s form of government
Allocates power to the provinces
Sets out the procedures for making laws, and amending them
Reflection of society
Written and unwritten
Conventions
Conventions are unwritten rules of political conduct, over time they become binding. And develop into important principles
An example is an idea that a Cabinet member must resign if he or she does not agree with a decision reached by the cabinet, referred to as “Cabinet solidarity”
I.E. Joe Comuzzi
Intra vires (Mulpity Choice Question)
If an action by a legislature (provincial or federal) is within its jurisdiction that legislature has acted intra vires its authority
Ultra vires (Mulpity Choice Question)
An action by a legislature (provincial or federal) that is outside its jurisdiction that legislature has acted ultra vires its authority
Pith and substance
The court uses the pith and substance doctrine to determine whether or not the action is legal in areas where both levels of government have claimed authority
Determines what was the overriding purpose of the law
Example: Firearms Act
Rule of Law
The principle that the government must follow the law that it makes, that no one is exempt from the law and that it applies equally to all, and that no action can be taken unless authorized by law or a legal principle
Fiduciary Duty
An obligation that arises by nature of confidence or trust relationship (e.g., between a lawyer and a client)
Affirmative-action programs
does the government institute policies to help level the playing field for those historically disadvantaged due to factors such as race, colour, religion, sex, or national origin
These laws typically pertain to equal opportunities in employment, education, and business.
Bona Fide Occupational Requirement Civil Liberties
A provision that is deemed necessary in order to perform a job safely and efficiently, in a discrimination complaint, it can be used to justify a particular job requirement that may otherwise be perceived as discriminatory
Civil Liberties
Actions or rights exercised without government interference (e,g., freedom of expression, freedom of religion)
Reading down
In constitutional law, narrowing the interpretation given to legislation in order to prevent it from being declared unconstitutional (done by a judge)
Reading in
In constitutional law, inserting a term that had not been present in the actual legislation in order to prevent the legislation from being declared unconstitutional done by a judge)
Stay in proceedings
A judicial remedy used by the courts to stop the action against an accused if the continuance of the action would be considered prejudicial to the accused
Undue hardship
In a discrimination case, the negative effect proves, to accommodate the needs of the person by being too costly or producing health or safety risk
Accommodation
The adaptation of an existing enables an employee by an employer to aspects of a job (e.g., making a work environment accessible for people with disabilities0
Direct Discrimination
A practice or behaviour that is overt and clearly discriminatory (e.g., refusal to rent an apartment to someone on the basis of ethnicity)
Adverse-effect discrimination
A requirement or standard that may outwardly appear neutral but is, in fact, discriminatory in effect towards an individual or group (e.g., a height requirement for police officers)
Explain the importance of the Canadian Constitution and the three (3) sources of Canada`s Constitution
- Constitution Act, 1867 ( BNA act) & Constitution Act, 1982 2.
- Unwritten Constitution
- Court rulings that interpret the written constitution (precedents)
Federal Jurisdiction Section 91 (Mulpity Choice Question)
Banking
Bankruptcy
Census and statistics
Citizenship
Court procedures
Criminal law
Currency
Defence
Fisheries
Employment ins.
Foreign affairs
Immigration
Indigenous Affairs
Marriage and Divorce
Penitentiaries
Taxation
Trade and commerce
Patents and copyrights
Provincial Jurisdiction Section 92 (Mulpity Choice Question)
Direct taxation
Labour unions
Hospitals/Healthcare
Organization of municipal governments
Natural Resources
Property law
Justice
Education
How can the Canadian Constitution be amended?
by resolutions of the Senate and House of Commons and two-thirds of the provinces (seven) having at least 50% of the population of all the provinces combined
the significance of the Royal Proclamation of 1763
The royal proclamation made the common law of England applicable to all British-controlled territories in North America. Establish Common Law
Treated Indigenous people as a nation
the significance of… Quebec Act 1774
outlined the right of Quebec to have and administer the french legal practice of civil law
the significance of…Constitution Act 1791
for the continuation of civil law in Lower Canada and implicitly guaranteed the right of Canadians to use French in the courts and in practising the Catholic faith.
