Unit test 2Chapter 3,4

Preparation Notes

Reading Please read chapter 3and Note the following concepts

Canada’s Constitution p.52British North American Act,1867 p.53A Federal System p.53Division of Powers p.54Patriating Constitutionp.57Problems with the BNA act p.57Constitution Act p.68Constitutional Conflict p.60

Reading Please read chapter 3and Note the following concepts

Government and Law MakingThe Executive Branch p.62The Legislative Branch 63The Judiciary 64Enacting a Statute 64The Role of Individuals and Interest

groups p.66

Definitions( Chapter 3)

Unitary system: a one-level system of governing Federal system: a two-level system of governing Residual powers: federal responsibility to make laws in legislating areas not

assigned to the provinces Intra vires: within the power of government to pass laws Ultra vires: beyond the power of government to pass laws Statute of Westminster: legislation passed in Britain that extended Canada’s

law-making powers Shared Cost agreement: arrangements between the two levels of government to

share the cost of the programs in areas not identified in the BNA act. Civil liberties: basic individual rights protected by law ,such as freedom of speech Patriate: to bring legislative power under the authority of the country to which it

applies.

Definitions( Chapter 3)

Federal Responsibilities

Banking

Bills of Exchange

Census and Statistics

Citizenship

Criminal Law

Currency and Coinage

Defence

Employment Insurance

Foreign Affairs

Indian Affairs

Marriage and Divorce

Navigation and Shipping

Old age pension

Patents and Copyrights

Penitentiaries

Postal Service

Public Debt

Residual Powers

Seacoast and inland fisheries

Taxation

Trade and Commerce

Definitions( Chapter 3)

Provincial Responsibilities

Compensation to injured workers

Direct taxation within the province

Education

Maintenance of hospitals

Labour and trade unions

Municipal institutions

Natural Resources

Property and Civil Rights

Provincial Courts and Laws

Solemnization of Marriage

Definitions( Chapter 3)

Principal of Equalization :Section 36 of the Constitution Act,1982,which provides for equal access to essential services for all Canadians

Amending Formula: prosecution for changing the Constitution Canadian Charter of rights and freedoms: a section of the Constitutional

Act,1982 ,which sets out constitutionally protected rights and freedoms Executive Branch: the administrative branch of government responsible for

carrying out government's plans and policies Legislative Branch: the branch of government that has the power to make,

change, and repeal laws. Judiciary: the branch of government responsible for presiding over Canada’s

Court system Government of public bill: legislation proposed by a Cabinet minister Private Member’s bill: legislation proposed by an MP who is not in the Cabinet Lobby Groups: people who try to influence legislators in favour of their cause. Bill: proposed legislature

SO, REVIEW THE FOLLOWING VOCABULARY

Amending formula Bill Canadian Charter of Rights and Freedoms Civil liberties Executive ,legislative, judiciary Federal system Government or public bill Intra vires/ ultra vires Lobby groups Patriate Principal of equalization Private member’s bill Residual powers Shared cost agreement Statute of Westminster Unitary System

Answer the questions from Chapter 3:

Pp57Pp.61Pp.68

Review the Following Table

Review the Following Table

Unit 4 Major Concepts

Recognizing Rights and Freedoms p.77 Historical Documents p.77 Evolution of Rights in Canada p.78 Canadian Bill of Rights p.79 Entrenching Rights and Freedoms p.80 Jurisdiction, Enforcement, and and Guarantee 83-84 The Fundamental Freedoms 86 Freedom of Conscience and Religion 86 Freedom of Thought and Expression 87 Freedom of Assembly and Association 88 Democratic and Mobility Rights 90 Democratic Rights 91 Mobility Rights 92 Legal and Equality Rights 99 Language and General Rights 100 Language Rights 100 Aboriginal Rights 101 Multicultural Rights 102 Charting the Record 103

Reading Please read chapter 4 and Note the following concepts: Rights and Freedoms

A A rightright is a legal, moral or social entitlement that citizens can is a legal, moral or social entitlement that citizens can expect, mainly from the government. (right to a fair trial)expect, mainly from the government. (right to a fair trial)

FreedomFreedom, although limited, means the right to conduct one’s , although limited, means the right to conduct one’s affairs without government interference. (limited by the need for affairs without government interference. (limited by the need for public safety and the protection of other people’s rights)public safety and the protection of other people’s rights)

Inalienable RightsInalienable Rights are guaranteed entitlements that cannot be are guaranteed entitlements that cannot be transferred from one person to another, and cannot be taken transferred from one person to another, and cannot be taken away without due process of law. (equality, liberty)away without due process of law. (equality, liberty)

FranchiseFranchise, the right to vote (especially for women), is an , the right to vote (especially for women), is an important inalienable right.important inalienable right.

Bill of Rights

Passed in parliament in 1960, it recognized…Passed in parliament in 1960, it recognized… 1. The rights of individuals to life, liberty, personal 1. The rights of individuals to life, liberty, personal

security and enjoyment of property.security and enjoyment of property. 2. Freedom of religion, speech, assembly and 2. Freedom of religion, speech, assembly and

association.association. 3. Freedom of the press.3. Freedom of the press. 4. The right to counsel and the right to a fair hearing.4. The right to counsel and the right to a fair hearing. As a Federal statue it only applied to federal matters, As a Federal statue it only applied to federal matters,

as a statute it was the same as any other, leaving it as a statute it was the same as any other, leaving it open to interpretation and finally, as a statute it could open to interpretation and finally, as a statute it could be amended by the House of Commons.be amended by the House of Commons.

Canadian Charter of Rights and Freedoms

To solve the problems with our bill of rights it had to be To solve the problems with our bill of rights it had to be entrenchedentrenched, that is, to protect and guarantee a right or freedom , that is, to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the by ensuring that it can only be changed by an amendment to the constitution.constitution.

The Charter became part of our constitution in 1981, which The Charter became part of our constitution in 1981, which means they override all other laws.means they override all other laws.

The The notwithstanding clausenotwithstanding clause, s.33 of the Charter, allows federal , s.33 of the Charter, allows federal and provincial governments to pass legislation that is exempt and provincial governments to pass legislation that is exempt from s.2 (the fundamental freedoms) and ss. 7 to 15 (the legal from s.2 (the fundamental freedoms) and ss. 7 to 15 (the legal and equality rights) Quebec’s Bill 101. When a government and equality rights) Quebec’s Bill 101. When a government decides to invoke the notwithstanding clause to pass legislation decides to invoke the notwithstanding clause to pass legislation that violates one of the protected rights in the charter, it must that violates one of the protected rights in the charter, it must identify the particular law and the sections of the charter that are identify the particular law and the sections of the charter that are being overriddenbeing overridden..

Fundamental Freedoms

Freedom of Conscience and religionFreedom of Conscience and religion

Freedom of thought and expressionFreedom of thought and expression

Freedom of peaceful assembly and Freedom of peaceful assembly and associationassociation

And some other rights….

Democratic RightsDemocratic RightsMobility RightsMobility RightsLegal rights which include…..Legal rights which include…..- life, liberty and security of the personlife, liberty and security of the person- Unreasonable search and seizureUnreasonable search and seizure- Arbitrary detention or imprisonmentArbitrary detention or imprisonment- Cruel and unusual punishmentCruel and unusual punishment

Right is a legal, moral or social claim that people are entitled to, primarily from their government.( a person accused of committing an offense is entitled to a fair trial)

Freedom is a right to conduct one’s affairs withoutgovernmental interference( one has the right to seek employment in any part of Canada.) Civil rights: the rights of citizens (e.g. to political and socialfreedom and equality), which limit the power a governmenthas over its citizens Human rights: rights that protect one from discrimination byother individuals and in certain areas of one’s life Natural rights: rights thought to be inherent, such as theright of all people to life, liberty, and security; rights that areindependent of rulers, society and governments Inalienable rights: guaranteed entitlements that cannot betransferred from one person to another Franchise: the right to vote Entrench: to protect and guarantee a right or freedom byensuring that it can only be changed by an amendment to theConstitution

Jurisdiction, Enforcement,Guarantee

Applies to the relationship between people and their governments( provincial and federal)

The Supreme Court of Canada is interpreting and enforcing laws

Identifies and guarantees rights and freedoms within reasonable limits-

The Fundamental Freedoms Definitions

Dissemination-spreading ideas widely Extradition-surrendering an accused person to another jurisdiction to stand trial Capital offence- a crime punishable by death in some jurisdiction Ameliorate- to improve Abrogate-to abolish or annul Derogate-to take away or detract Override: to prevail over Invoke : to put into effect Notwithstanding Clause : s.33 of the Canadian Charter of Rights and Freedoms

which allows federal and provincial governments to pass legislation that is exempt from s.2 and ss.7 to 15 of the Charter

Interveners: third-party participants in a legal proceeding: also called “friends of court”

SO, REVIEW THE FOLLOWING VOCABULARY

Abrogate Ameliorate Capital offence Derogate Dissemination Entrench Extradition Franchise Freedom Inalienable rights Interveners Invoke Notwithstanding clause Override Right

Answer the questions from Chapter 4:

Pp.83Pp.86Pp.90Pp.93Pp.100Pp.103