Week 2 Constitution and Charter

Question 1

What is a constitution?

Answer 1

It is a set of rules that establish both the structure and the fundamental principles of a government in a nation or other territory.

Question 2

What are the Purposes of a constitution?

Answer 2

1. Help establish what person or persons will exercise political authority.
2. Help provide an authoritative division of powers between National and regional governments in federal countries like Canada.
3. Help delineate the powers of governmental power.

Question 3

What are the sources of authority in Canada?

Answer 3

1. Constitution Act of 1982, the Canadian Charter of Rights and Freedoms.
2. The Constitution Act of 1867 (previously the British North America Act, 1967) and it’s amendments.

Question 4

What is a Constitutional Convention?

Answer 4

Are the customs and traditions that guide the government, these rules are essential to the functioning of our government. As such violations are rare.

They are developed over time and not outlined in any document.

Courts cannot enforce constitutional conventions

Question 5

What are the sources of Constitutional Authority in Canada that can be written and unwritten?

Answer 5

•Acts of Canadian and British Parliament
• Court decisions in Canada and Britain
• Customs and Traditionals
•other sources such as
Scholarly writings
The decisions of courts in different countries (esp US, Britain and France)

Question 6

What is a Privy Council?

Answer 6

A board made up of prominent jurist in Britain.

It has jurisdiction over all colonial courts, including the province of Canada and the Dominion of Canada until 1949.

The Supreme Court of Canada (created in 1875) was not the highest court.

Question 7

The Federal Government, the powers of the the parliament, concerns matters of National interest.

Answer 7

Direct/Indirect Taxation
Postal service
Defence
Currency/Coinage
Banking/incorporation of banks/FIAT
Bankruptcy
Patents
Copyrights
Criminal Law, including criminal procedure

Question 8

The exclusive powers of provincial legislatures concern matters of a local nature such as:

Answer 8

Direct taxation with the province
Hospitals
Municipalities
Formalisation of marriage
Administration of civil/criminal justice
Education
Incorporation of companies
Natural resources
Matters of a merely local or private nature
(ground of civil action are a provincial power under property and civil rights)

Question 9

When it comes to Criminal Law, what is strictly federal?

Answer 9

Criminal Code - example, theft or murder is under federal law - National (also called “public purpose”)

Question 10

What is strictly provincial when it comes to criminal law?

Answer 10

Municipal by-laws and provincial offences in certain community or province (different speed limits) -are local

Question 11

Why is the significance of concurrent laws from a financial perspective?

Answer 11

Federal: Regulation of trade and commerce
Provincial: regular local matter and industries

The federal government’s attempt to create a single Canadian securities regulator is “not valid” under the Constitution.

Question 12

Which provinces are opposed to having a
National Security Regulator?

Answer 12

Alberta and Quebec, saying that they don’t want to lose control of their local economies to a federal government.

Question 13

What Federal Laws are likely to impact business activities?

Answer 13

•regulation of foreign investment
•incorporation of federal companies
•direct and indirect taxation
•regulation of interprovincial and international trade
•competition (anti-trust) law
•patents and copyrights
•immigration
•banking and bills of exchange
•interprovincial undertakings in the transportation and telecommunications fields

Question 14

What Provincial laws are going to impact business activities?

Answer 14

•incorporation of provincial companies
•direct taxation within the province
•regulation of trade and commerce within the province.