Unit 6 Flashcards
Define Canada Act
1982 British law that transferred legislative authority for Constitution to Canada
Constitution Act, 1982
Canada’s written constitution
Define convention
constitutional convention is a practice or custom held to be obligatory by politicians and members of the public but not necessarily sanctioned by the court
Define direct democracy
political decisions made by the people themselves (i.e., referendum)
Define entrenchment
removal of an area of legislative authority from government to situate it in the constitution
Define equalization
unconditional financial transfers from federal government to the provinces
Define Gang of Eight
the 8 provinces - BC, Alberta, Sask, Manitoba, Quebec, PEI, NS, and Nfld - that opposed Trudeau’s attempt at unilateral patriation of the Constitution
Define have province
province with a well-developed tax based an no need for substantial financial grants from the federal government
Define have-not province
provinces with under developed tax bases that are heavily dependent on federal transfers
Define notwithstanding clause
Charter clause that allows any level of government to pass legislation that the courts could find contradictory for a maximum of 5 years
Define opting out
the ability of a government to exclude itself from the application of a constitutional amendment or federal program in exchange for compensation
Define parliamentary supremacy
constitutional principle that supreme, unrestricted law-making authority rests with parliament
Define People’s Package
Trudeau’s proposal to combine patriation of constitution with Charter of Rights
Define ratification
Formal approval and sanciton of a constutitional amendment
Define referendum
means of submitting a policy, question, or proposed law to a vote of the people
Define reformed federalism
Trudeau’s vague pledge made during the Quebec referendum to embark on a major consitutional initiative
Define Statute of Westminster
1931 British act that granted Canada full legal freedom
Define Vancouver consensus
proposal for a new amending formula in 1981 from the Gang of 8
Define Victoria charter
1971 document contianing Trudeau’s amending formula
Define Westminster
popular name for British parliament
Why is it difficult to change a constitution? (3)
1 - political elites prolong reform process
2 - groups broaden the agenda
3 - demonstration effect: as some gain concessions, others agitate for more
Why did the fathers of confederation fail to include an amending formula in the constitution?
It was assumed that the federal parliament would be the sole authority on constitutional matters
Until 1982, what constitutional conventions governed amendment of the constitution?
1 - the british would never move unilaterally to amend the constitution
2 - british would make whatever changes canada requested without amendment
3 - federal government was the official voice of canada
4 - division of powers required unanimity, but feds decided what affected division of powers
What patriation initiatives took place prior to 1982?
1949 - St. Laurent obtained ability to make smaller changes without British approval
Why did Trudeau return to negotiations in fall 1981?
Supreme court decision recommending consent of the provinces
What was the political compromise that produced an agreement between Ottawa and 9 provinces on the patriation of the constitution?
amendment formula
7 ways constitutional regime was altered by the patriation agreement
1 - Addition of charter 2 - aboriginal rights 3 - language rights 4 - amending procedures 5 - constitutional conferences 6 - equalization 7 - right to challenge to court
Who gained and lost in the 1982 changes?
1 - Western and Atlantic made gains with the amending formula (reduced Ontario and Quebec power)
2 - provinces increased and clarified ownership control and management of natural resources
3 - equality rights
4 - Aboriginal people were recognized
What does the Veto act do?
gives constitutional veto to the 4 largest provinces
What does the Clarity act do?
spells out the process by which a province (presumably Quebec) would negotiate succession
