Unit 7 Flashcards
Define court of appeal
a court that reviews the decisions of other judicial bodies
Define double aspect doctrine
judicial principle that allows the courts to declare a legislative concern under the jurisdiction of both levels of government (creates de facto concurrency)
Define Judicial Committee of the Privy Council (JCPC)
committee of advisors from the House of Lords given jurisdiction over all appeals from the British Colonies
Define judicial review
procedure by which courts consider laws and executive acts according to whether or not they confirm with the terms of the constitution
Define litigation
the initiation of formal judicial proceedings as a result of a legal dispute
Define paramountcy
the declaration that the legislative act of one government supersedes that of another
Define pith and substance
benchmark for evaluating law - on the surface they are within the jurisdiction of one government but their actual effect is to trespass on the jurisdiction of another
Define POGG
peace order and good government clause of the constitution that allows federal Parliament to make laws
Define reference
a judicial decision based on a question of legislative jurisdiction referred directly to the Supreme Court by the federal government or to a provincial supreme court by a provincial government
Define rule of law
clear statement of the law of government to prevent the arbitrary exercise of power
Define stare decisis
“to stand by decided matters”, meaning that decisions of a higher court are automatically binding on lower court and that established legal doctrines of the same court are authoritative and binding
Define Supreme Court of Canada (SCC)
Canada’s final court of appeal, created in 1875
Define trench
one government’s encroachment upon the jurisdiction of another
Define ultra vires
beyond the powers granted by the law
Define watertight compartments
narrow interpretation of the BNA Act by the JCPC
Why does federalism require judicial review?
powers are divided amongst two levels of government and there must be an arbiter for when laws encroach
What landmark decisions were handed down by the JCPC?
1896 - reference case put provinces on equal footing with feds
- Toronto Electric Commissioners put unions under provincial jurisdiction
- Radio Reference put radio under federal jurisdiction
What types of proposals have been advanced for Supreme Court reform?
1 - creation of a purely constitutional court
2 - entrenchment of supreme court in constitution
3 - provinces taking on appointment role
How did the Meech Lake Accord alter the organization of the Supreme Court and its members?
1 - entrenchment of the charter in the, balance for Quebec
2 - inclusion of the Supreme Court
What landmark decisions were handed down by the SCC?
1 - anti inflation reference - federal price controls
2 - secession reference
3 - zellerbach: 4 part national concern test
4 - ontario hydro: federal labour
What contrasting views on POGG were expressed by various justices in the Anti Inflation reference?
whether national concern is very narrow, consisting only of what is obviously not in provincial jurisdiction
What important issues of public policy have been decided on the basis of Parliament’s power over criminal law?
1 - RJR Macdonald (tobacco advertising)
2 - Hydro Quebec (environmental law is a criminal issue)9
