Canadian Constitutional Law
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Transcript of Canadian Constitutional Law
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Canadian Constitutional Law
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The Importance of a Constitution
• Basic framework for a nation’s form of government and legal system
• A nation’s rule book re: making, amending or revoking laws (which must reflect values)
• Written or unwritten (Canada has both)
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Sources:
1. 1. BNA Act/Constitution Act 1867 and Constitution Act 1982
2. 2. Unwritten Set of Rules/Conventions ~ become obligatory due to tradition (Parliamentary system, common law)
3. Court Rulings that interpret Written Constitution ~ create precedents3. 82
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Canada’s Constitution
Canada’s Written Constitution–July 1, 1867–Canada becomes a new dominion–Federal and provincial powers were
divided
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Canada’s Constitution
Canada’s unwritten Constitution– Prime Minister– Conventions adopted by UK (e.g Cabinet,
parliamentary and party systems)Court Decisions– Courts resolve disputes over meaning or intent of
law
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Components of the Constitution
1. JurisdictionalPowers
2.Parliamentary
Democracy
3.Three Branches of
Gov’t
4.Legislative Supremacy
5.Constitutional Amendments
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Parliamentary Democracy
• election every 5 years
• leader of the party with most votes becomes PM and appoints Cabinet
• Opposing parties = OPPOSITION which exists to promote accountability of gov’t
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Division of Powers
Federal Provincial
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Division of Powers • Section 91: Federal powers
– Central matters – Defense, economy, criminal law, trade, property,
• Section 92: Provincial powers– Matters of interest to the province– Education, health care, environment
• Section 93: Education– The responsibility for Education across Canada to
be available in both languages and to have Roman Catholic education publicly funded.
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Question related to section 93: Education
Should Canada publically fund all religiousschools?
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Legislative Supremacy• Fed. and Prov. gov’ts retain ultimate authority
to make, amend, and abolish laws in Canada
• Role of Judiciary is to ensure law is applied equally and fairly
• Since 1982 Courts have been granted more power to declare laws invalid
• s.33 notwithstanding clause
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Amending Constitution• requires support of Parliament, Senate, 2/3
of provinces representing at least more than 50% of the population of all the provinces
• s.38 of Constitution Act 1982 allows provinces to opt out of an amendment (would not apply to that province)
• constantly changing due to judicial interpretation of Constitution
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Timeline of Canada’s Constitution
• July 1, 1867 • British North American Act defines the
operation of the Government of Canada. • Serves as a base for the Canadian
constitution.• A nation’s rule book re: legal matters• The Act created a
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• Statute of Westminster, 1931• Canada made it’s own laws• British laws no longer applied to Canada• Canada was independent of Britain’s foreign policy.• WW2 - Canada declared war 6 days after the British
and entered the war as an independent nation.
• Patriation (Homecoming) of the Constitution, 1982• Entrenchment of Canadian Charter of Rights and
Freedoms• Included an amendment formula • Quebec did not sign, felt excluded from discussions• Country was now fully independent in all areas of law• Allowed for all future amendments to be made within
country
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• The Meech Lake Accord, 1987• Recognized Quebec as a ‘distinct society’• 10 provinces agreed • Aboriginal voice not heard• Provinces started to rethink the idea of Ouebec
as a distinct society• Accord Failed
• The Charlottetown Accord, 1992• Attempt to resolve disputes, satisfy Quebec• Altered divisions of power: fed/prov/courts• Altered status of Aboriginal groups• Apprehension to changes and Quebec
distinction: Accord Failed• Quebec Referendum, 1995
• 50.56% voted NO to Quebec separating
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For more Info…• Check out the agenda with Steve Paikin
for a look back at the significance of the patriation of the Constitution:
http://www.youtube.com/watch?v=n-PdDjhi_eA