Unit 6

Question 1

Define Canada Act

Answer 1

1982 British law that transferred legislative authority for Constitution to Canada

Question 2

Constitution Act, 1982

Answer 2

Canada’s written constitution

Question 3

Define convention

Answer 3

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

Question 4

Define direct democracy

Answer 4

political decisions made by the people themselves (i.e., referendum)

Question 5

Define entrenchment

Answer 5

removal of an area of legislative authority from government to situate it in the constitution

Question 6

Define equalization

Answer 6

unconditional financial transfers from federal government to the provinces

Question 7

Define Gang of Eight

Answer 7

the 8 provinces - BC, Alberta, Sask, Manitoba, Quebec, PEI, NS, and Nfld - that opposed Trudeau’s attempt at unilateral patriation of the Constitution

Question 8

Define have province

Answer 8

province with a well-developed tax based an no need for substantial financial grants from the federal government

Question 9

Define have-not province

Answer 9

provinces with under developed tax bases that are heavily dependent on federal transfers

Question 10

Define notwithstanding clause

Answer 10

Charter clause that allows any level of government to pass legislation that the courts could find contradictory for a maximum of 5 years

Question 11

Define opting out

Answer 11

the ability of a government to exclude itself from the application of a constitutional amendment or federal program in exchange for compensation

Question 12

Define parliamentary supremacy

Answer 12

constitutional principle that supreme, unrestricted law-making authority rests with parliament

Question 13

Define People’s Package

Answer 13

Trudeau’s proposal to combine patriation of constitution with Charter of Rights

Question 14

Define ratification

Answer 14

Formal approval and sanciton of a constutitional amendment

Question 15

Define referendum

Answer 15

means of submitting a policy, question, or proposed law to a vote of the people

Question 16

Define reformed federalism

Answer 16

Trudeau’s vague pledge made during the Quebec referendum to embark on a major consitutional initiative

Question 17

Define Statute of Westminster

Answer 17

1931 British act that granted Canada full legal freedom

Question 18

Define Vancouver consensus

Answer 18

proposal for a new amending formula in 1981 from the Gang of 8

Question 19

Define Victoria charter

Answer 19

1971 document contianing Trudeau’s amending formula

Question 20

Define Westminster

Answer 20

popular name for British parliament

Question 21

Why is it difficult to change a constitution? (3)

Answer 21

1 - political elites prolong reform process
2 - groups broaden the agenda
3 - demonstration effect: as some gain concessions, others agitate for more

Question 22

Why did the fathers of confederation fail to include an amending formula in the constitution?

Answer 22

It was assumed that the federal parliament would be the sole authority on constitutional matters

Question 23

Until 1982, what constitutional conventions governed amendment of the constitution?

Answer 23

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

Question 24

What patriation initiatives took place prior to 1982?

Answer 24

1949 - St. Laurent obtained ability to make smaller changes without British approval

Question 25

Why did Trudeau return to negotiations in fall 1981?

Answer 25

Supreme court decision recommending consent of the provinces

Question 26

What was the political compromise that produced an agreement between Ottawa and 9 provinces on the patriation of the constitution?

Answer 26

amendment formula

Question 27

7 ways constitutional regime was altered by the patriation agreement

Answer 27

1 - Addition of charter
2 - aboriginal rights
3 - language rights
4 - amending procedures
5 - constitutional conferences
6 - equalization
7 - right to challenge to court

Question 28

Who gained and lost in the 1982 changes?

Answer 28

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

Question 29

What does the Veto act do?

Answer 29

gives constitutional veto to the 4 largest provinces

Question 30

What does the Clarity act do?

Answer 30

spells out the process by which a province (presumably Quebec) would negotiate succession